Wharf Notice of Revocation and Appointment (No. 19/06) – Port of Fremantle – Fremantle Inner Harbour – North Quay and Victoria Quay

Overview

The Customs Act 1901 was enacted to provide for the regulation of goods imported and exported from Australia, among other related matters. The Act aims to ensure that the movement of goods across Australian borders is managed effectively, protecting the revenue and interests of the nation. This legislative framework is overseen by the Parliament of Australia and includes provisions that allow the Comptroller-General of Customs to delegate authority to appoint and revoke wharf notices. The policy objective of this legislation is to maintain a streamlined and efficient process for the administration of customs-related activities, ensuring that maritime trade operations are conducted with clear and precise boundaries. The Customs Act 1901 thus addresses the need for a robust and adaptable system to accommodate the dynamic nature of international trade while safeguarding Australia's economic and regulatory interests.

Scope and Application

The Wharf Notice of Revocation and Appointment (No. 19/06) under the Customs Act 1901 concerns the designation of specific wharves within the Port of Fremantle. This Act applies to the areas known as North Quay and Victoria Quay in the Fremantle Inner Harbour, situated in the City of Fremantle, Western Australia. The notice revokes the previous appointment of the Fremantle Harbour, published in the Commonwealth of Australia Gazette on 20 May 2009, and instead appoints North Quay and Victoria Quay as wharves within the Port of Fremantle. The geographic reach of this notice is limited to the specified areas within the State of Western Australia. The revocation and new appointment are effective as of the date of the notice, 28 June 2019, signed by Melissa Bennett, a delegate of the Comptroller-General of Customs. This appointment is made under the authority of the Customs Act 1901 and the Acts Interpretation Act 1901, and the new limits of the wharves are defined by the red boundary lines indicated in Attachment A to the notice. The notice does not specify any exclusions, exemptions, or thresholds, and its application is direct and specific to the areas mentioned.

Key Provisions

The Customs Act 1901 Notice under Paragraph 15(2)(a) Wharf Notice of Revocation and Appointment (No. 19/06) primarily involves the revocation of a previous notice and the appointment of new wharves in the Port of Fremantle. Specifically, section (a) revokes the notice ‘Appointment No. 2446’, which was published in the Commonwealth of Australia Gazette on 20 May 2009, GN19, which had designated the Fremantle Harbour as a wharf in the Port of Fremantle, encompassing areas known as North Quay and Victoria Quay. Section (b) appoints these same areas, North Quay and Victoria Quay, as wharves in the Fremantle Inner Harbour within the Port of Fremantle. Section (c) specifies the limits of these wharves by referencing the red boundary lines detailed in Attachment A to the notice. The Act imposes several obligations on the parties and entities it governs. Firstly, the revocation of the previous notice means that any operations or activities that were previously authorised under the revoked notice are no longer valid. The new appointment, as outlined in section (b), requires adherence to the newly defined limits and areas specified in Attachment A. These new provisions must be followed by all parties involved in port operations, including shipping companies, cargo handlers, and other relevant stakeholders, to ensure compliance with the Customs Act 1901. Additionally, any person or entity that previously operated under the revoked notice must adjust their operations to align with the new boundaries and regulations specified in the notice. Failure to comply with the provisions of the Customs Act 1901 may result in legal consequences. The Act outlines offences and penalties for breaches, although specific maximum penalties are not detailed in the provided text. Generally, breaches of the Customs Act can lead to both civil and criminal penalties. Civil penalties may include fines or monetary compensation, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. It is essential for all parties to understand and comply with the new wharf limits and the provisions of the Act to avoid any potential legal repercussions.