Wharf Notice of Revocation and Appointment (No. 20/15) – Port of Fremantle – Fremantle Sailing Club (Customs and Quarantine Jetty)

Overview

The Customs Act 1901, as amended by the Customs Amendment (Wharf Notice of Revocation and Appointment) Notice 2020, addresses the need to update the designation of specific wharf areas within Australian ports to ensure they remain compliant with current operational and regulatory requirements. This piece of legislation was enacted by the Commonwealth of Australia and is administered by the Australian Border Force. The primary objective of this notice is to revoke an existing wharf appointment and to appoint a new wharf area within the same port, ensuring that the regulatory framework governing customs and quarantine activities remains effective and up-to-date. This legislative action ensures that the Customs and Quarantine processes are efficiently managed within the port of Fremantle, addressing any discrepancies or changes in the designated wharf areas that may have occurred since the initial appointment.

Scope and Application

The Customs Act 1901, as amended and administered by the Australian Border Force, applies to the regulation of goods entering and exiting Australia, including the designation and management of wharves for customs and quarantine purposes. This particular piece of legislation pertains to the revocation of a previous wharf appointment at the Fremantle Sailing Club, Service Jetty, and the subsequent appointment of a new wharf at the Fremantle Sailing Club (Customs and Quarantine Jetty) in the Port of Fremantle, Western Australia. The appointment and revocation of wharves under the Customs Act ensures that designated areas are correctly managed for the enforcement of customs and quarantine regulations. The Act applies to the geographical area of the specified jetty within the port and is intended to streamline customs operations within the designated limits. The Act extends its application through subordinate instruments such as notices, which can modify or clarify the extent and limits of wharf appointments. This specific revocation and appointment notice ensures that the area designated for customs and quarantine activities is accurately defined, facilitating compliance and enforcement within the port.

Key Provisions

The Customs Act 1901, through the Wharf Notice of Revocation and Appointment (No. 20/15) – Port of Fremantle – Fremantle Sailing Club (Customs and Quarantine Jetty), revokes the previous wharf appointment of the Service Jetty at the Fremantle Sailing Club (section 15(2)(a)). This revocation applies to the notice 'Appointment Notice No. W96/008' published on 13 August 1997. Instead, it appoints the area known as the Fremantle Sailing Club (Customs and Quarantine Jetty) as a new wharf within the Port of Fremantle in Western Australia (section 15(2)(a)). The limits of this new wharf are specified to be the area within the red boundary line, as detailed in Attachment A to the notice (section 15(2)(a)). These changes come into effect from the date of the notice, 30 June 2020. The Act imposes specific obligations on the parties affected by this notice. The Fremantle Sailing Club must now comply with the new wharf limits as defined by the red boundary line, ensuring that any activities conducted within the designated area adhere to customs and quarantine regulations. This includes ensuring that all goods and people entering or leaving the wharf within these boundaries comply with applicable customs laws. Additionally, the club must maintain accurate records and documentation to demonstrate compliance with these new wharf limits and any associated regulations. Failure to comply with the provisions of the Customs Act 1901, including the newly appointed wharf limits, may result in various consequences. For example, any breach of the wharf boundaries or non-compliance with customs regulations could lead to enforcement actions by the Australian Border Force. The Act does not explicitly detail the maximum penalties for breaches in this context, but it is known that penalties can be severe, including fines, imprisonment, or both, depending on the nature and severity of the offence. Therefore, it is crucial for the Fremantle Sailing Club and any associated parties to ensure strict adherence to the new wharf boundaries and customs regulations to avoid potential legal repercussions.