Wharf Notice of Revocation and Appointment (No. 22/09) – Port of Onslow – Onslow Marine Supply Base

Overview

The Customs Act 1901 was enacted to consolidate and reform the laws relating to customs and excise in Australia. This Act was introduced to address the need for a comprehensive legal framework that governs the administration of customs and excise duties, and to streamline processes related to the importation and exportation of goods. The Act is administered by the Australian Parliament and its primary policy objective is to facilitate legitimate trade while protecting the revenue of the Commonwealth and enforcing compliance with relevant regulations. This specific notice under paragraph 15(2)(a) serves to revoke a previous wharf appointment and establish new wharf boundaries for the Onslow Marine Supply Base in the Port of Onslow, Western Australia, specifying its use for commercial activities excluding the handling of containerised cargo. This measure is taken to ensure that the wharf operations are aligned with the designated commercial activities, thereby maintaining clarity and order in maritime operations within the specified port.

Scope and Application

The Wharf Notice of Revocation and Appointment issued under the Customs Act 1901 applies specifically to the Onslow Marine Supply Base located within the Port of Onslow in Western Australia. The notice revokes the previous wharf appointment for this area, dated 14 October 2021, and re-appoints it as a wharf for particular commercial activities. This appointment restricts the use of the wharf to ships engaged in commercial activities excluding those related to the loading or unloading of containerised cargo. The scope of the Act in this context is limited to the designated wharf area and its operational constraints, and it does not extend to any other areas or activities not specified within the notice. The notice is issued under the authority of Vincci Choy, a delegate of the Comptroller-General of Customs, and the changes take effect from the date of publication in the Gazette on 19 October 2022. This revocation and appointment reflect the specific jurisdictional reach of the Customs Act 1901 in managing and regulating port facilities in Australia.

Key Provisions

This piece of legislation, issued under the Customs Act 1901, is a Notice of Revocation and Appointment (No. 22/09) concerning the wharf at the Port of Onslow in Western Australia. The notice is dated 19 October 2022, signed by Vincci Choy, who is a delegate of the Comptroller-General of Customs. The key provisions of this notice are detailed in sections (a), (b) and (c). Section (a) revokes the previous wharf notice titled ‘Wharf Appointment (No. 21/32) – Port of Onslow – Onslow Marine Supply Base’, which was dated 14 October 2021. Section (b) appoints the area known as the Onslow Marine Supply Base in the Port of Onslow as a wharf, while section (c) specifies the limits of this wharf as the area within the red boundary line as indicated in Attachment A to this notice. The wharf appointed in section (b) is designated for use by ships involved in commercial activities other than the loading or unloading of containerised cargo. The obligations and requirements imposed by this Act on the parties or entities it governs are centred around the appointment and operational limits of the wharf at the Port of Onslow. The Act mandates that the Onslow Marine Supply Base is to be used exclusively by ships involved in commercial activities other than containerised cargo operations. This specification is crucial for ensuring that the wharf is used in accordance with its designated purpose, which is to support activities that do not involve the handling of containerised cargo. The red boundary line, as indicated in Attachment A, serves as the physical demarcation of the wharf’s limits, thereby providing clarity on the geographical extent of the wharf’s operational area. Breach of the provisions set forth in this Act could result in various civil or criminal consequences. Although the specific penalties for non-compliance are not detailed in this notice, it is reasonable to infer that violating the designated use of the wharf could lead to penalties under the Customs Act 1901. The Act, in general, provides for both civil and criminal penalties, including fines and imprisonment, for breaches of customs regulations. The maximum penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents that might apply. It is important for all parties involved to adhere strictly to the operational limits and designated use of the wharf to avoid any potential legal repercussions.