Wharf Notice of Appointment (No. 25/03) – Port of Dampier – Dampier and King Bay Wharf Area

Overview

The Customs Act 1901 was enacted to regulate the importation and exportation of goods into and out of Australia, among other purposes. This specific notice, issued under the authority of the Customs Act, serves to revoke and re-appoint a wharf area at the Port of Dampier in Western Australia. The revocation and subsequent appointment of the wharf area aim to ensure the continued regulation and monitoring of customs activities in this particular location. This action is taken by Donna Puttock, a delegate of the Comptroller-General of Customs, and is part of the broader strategy to modernise and streamline customs operations within Australia. The policy objective, as implied by the act of re-appointment, is to maintain effective customs control and enforcement within the designated wharf area.

Scope and Application

The Wharf Notice of Appointment under the Customs Act 1901 pertains specifically to the Dampier and King Bay Wharf Area in the Port of Dampier, Western Australia. This Act applies to the defined geographical area, and it is administered by the Australian Border Force, which exercises its authority under the delegation of the Comptroller-General of Customs. The notice revokes a previous appointment made on 16 January 2024 and reappoints the same area as a wharf, setting its boundaries as outlined in Attachment A to this notice. This revocation and reappointment signify adjustments in the administration of the wharf, likely to reflect changes in operational requirements, infrastructure, or regulatory standards. The application of this Act is confined to the specified wharf area and does not extend beyond the geographical limits defined within the red boundary line. Subordinate instruments may further detail operational protocols or supplementary regulations to govern activities within this designated wharf area.

Key Provisions

The Customs Act 1901, through the Wharf Notice of Appointment (No. 25/03) – Port of Dampier – Dampier and King Bay Wharf Area, establishes the boundaries and designation of a wharf area within the Port of Dampier in Western Australia. Specifically, section 15(2)(a) of the Act allows for the appointment of specific areas as wharfs, and this notice revokes a previously designated wharf area (No. 23/9) and replaces it with a new definition. The new wharf area, referred to as Dampier and King Bay Wharf Area, is now bounded by the red line detailed in Attachment A to this notice (section 15(2)(a)). The Act imposes several obligations on parties and entities involved with this wharf area. These obligations include ensuring compliance with the new boundaries as specified in the notice and adhering to any relevant customs regulations applicable to the designated wharf. All operations, including the loading, unloading, and storage of goods, must be conducted within the newly defined limits. This requirement ensures that the wharf operations are conducted in an orderly and regulated manner, aligning with customs requirements and facilitating effective border control (section 15(2)(a)). Failure to comply with the provisions of the Customs Act 1901 and the specific requirements outlined in the Wharf Notice of Appointment (No. 25/03) may result in various consequences. The Act stipulates that breaches of its provisions can lead to civil or criminal penalties. For instance, individuals or entities operating outside the designated wharf boundaries may face fines or other enforcement actions. The maximum penalties for such breaches are determined by the severity of the offence, with potential criminal penalties including imprisonment or substantial fines under relevant sections of the Customs Act (section 218 and 219).