Wharf Notice of Appointment (No. 24/03) – Port of Port Adelaide – Outer Harbour Berths 1-4

Overview

The Customs Act 1901, enacted by the Parliament of Australia, provides the legal framework for the regulation of customs and excise in Australia. One of its purposes is to allow for the appointment and revocation of wharf areas within Australian ports, ensuring streamlined and efficient management of customs operations. The Wharf Notice of Appointment (No. 24/03) issued under this Act on 2 March 2024 by Phil Emerson, as a delegate of the Comptroller-General of Customs, revokes the previous wharf appointment for Outer Harbour Berths 1-4 in the Port of Port Adelaide and reappoints the same area, fixing its limits as per the attached map. This action aims to address any administrative or operational issues that may have arisen with the previous wharf appointment, thereby maintaining the effectiveness and efficiency of customs procedures in this critical maritime location.

Scope and Application

The Customs Act 1901 applies to the appointment and management of wharf areas within the scope of Australian ports, including the specification of their boundaries, which is relevant to all entities and individuals engaging in customs activities at these locations. In this specific instance, the Act is applied to revoke and re-appoint Outer Harbour Berths 1-4 at the Port of Port Adelaide in South Australia as a customs wharf, thereby delineating its boundaries anew. The Act’s jurisdictional reach is federal, extending across the Commonwealth of Australia, and this particular application pertains to the state of South Australia. There are no stated exclusions or exemptions in this gazette notice, and the application is specific to the defined area of the wharf, as fixed by the notice. The Customs Act 1901 allows for the extension and restriction of its application through subordinate instruments, such as regulations and ministerial directions, although this particular gazette notice does not reference such extensions or restrictions. The notice itself, issued under the authority of the Comptroller-General of Customs, effectively updates the legal designation of the wharf area in question, ensuring compliance with the Act’s requirements for customs operations.

Key Provisions

The Wharf Notice of Appointment (No. 24/03) issued under the Customs Act 1901 (Cth) (sections 15(2)(a)) revokes the previous wharf appointment for Outer Harbour Berths 1-4 in the Port of Port Adelaide, South Australia, and replaces it with a new appointment. This notice specifies that Outer Harbour Berths 1-4 will now be recognised as a wharf and defines the limits of this wharf as the areas within the red boundary line as detailed in Attachment A to the notice. This change is effective from the date of publication, which is 2nd March 2024. The Customs Act 1901 imposes certain obligations on the parties involved in the operation of the wharf. The Act mandates that all goods imported or exported from the designated wharf must comply with customs regulations, including the declaration of goods, payment of applicable duties and taxes, and adherence to any other relevant provisions of the Act. The wharf operator is required to ensure that all activities within the designated wharf area adhere to these regulations. Additionally, the wharf operator must maintain records of all transactions and activities conducted within the wharf for a period specified by the Comptroller-General of Customs. Failure to comply with the provisions of the Customs Act 1901 can result in serious consequences. The Act includes provisions for both civil and criminal penalties for breaches. Civil penalties may include fines up to a maximum of $22,200 per offence for individuals and $111,000 per offence for bodies corporate. Criminal penalties can be more severe, with maximum fines of up to $555,000 for individuals and $2,775,000 for bodies corporate, as well as potential imprisonment. These penalties underscore the importance of strict adherence to the Act's requirements to avoid legal repercussions.