Wharf Notice of Revocation and Appointment (No. 22/13) – Port of Fremantle – Fremantle Inner Harbour – North Quay and Victoria Quay

Overview

The Customs Act 1901, enacted in 1901, serves to regulate the importation and exportation of goods into and out of Australia, ensuring compliance with customs laws and facilitating trade. One of the issues it addresses is the need for clear demarcation and management of designated wharves within Australian ports to streamline customs operations and maintain order. This legislation was enacted by the Australian Parliament with the objective of establishing a comprehensive framework for customs and border control. The Wharf Notice of Revocation and Appointment (No. 22/13) issued under the Customs Act 1901, specifies the revocation of a previous wharf notice and the appointment of new wharves at the Port of Fremantle, clarifying the geographical limits of these areas within the Fremantle Inner Harbour. This action ensures that customs operations are efficiently managed by providing precise details about the areas designated for wharf activities.

Scope and Application

The Customs Act 1901 governs the regulation and administration of customs in Australia, and its application extends to various individuals, entities, and their conduct or transactions involving imported or exported goods. In the context of the Wharf Notice of Revocation and Appointment (No. 22/13) issued under the Customs Act 1901, Vincci Choy, as a delegate of the Comptroller-General of Customs, has exercised specific powers to revoke a previous wharf notice and appoint new wharves within the Port of Fremantle. This act specifically applies to the areas of North Quay and Victoria Quay in the Fremantle Inner Harbour, located within the State of Western Australia. The notice delineates the geographic and jurisdictional reach of the Customs Act by identifying and regulating the boundaries of the appointed wharves, thereby extending its application to the activities occurring within these areas. The revocation and appointment are governed by the provisions of the Customs Act and are subject to the limits and conditions set forth in the accompanying Attachment A, ensuring precise enforcement and administration of customs regulations within the designated wharves.

Key Provisions

The Customs Act 1901 provides the legislative framework for the regulation of customs and excise matters in Australia, including the administration and management of wharves in Australian ports. Under section 15(2)(a) of the Act, a delegate of the Comptroller-General of Customs can revoke a wharf notice and appoint new wharves. The Wharf Notice of Revocation and Appointment (No. 22/13) specifies that the wharf notice titled 'Wharf Notice of Revocation and Appointment (No. 19/12) – Port of Fremantle – Fremantle Inner Harbour – North Quay and Victoria Quay' dated 30 July 2019 is revoked (section 15(2)(a)(a)). This revocation takes effect upon the publication of the new notice in the Commonwealth of Australia Gazette on 24 October 2022. The same notice appoints new wharves in the Port of Fremantle, specifically in the Fremantle Inner Harbour area, namely North Quay and Victoria Quay (section 15(2)(a)(b)). The limits of these wharves are fixed by the area within and on the red boundary line as indicated in Attachment A to this notice (section 15(2)(a)(c)). The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that all customs and excise-related activities are conducted in accordance with the provisions of the Act and any associated regulations or notices. This includes compliance with the provisions relating to the management and operation of wharves, such as the requirement to obtain any necessary permits or licenses and to adhere to any conditions or restrictions imposed by the Act or associated notices. Additionally, parties or entities are required to keep accurate and up-to-date records of all customs and excise-related activities, including the handling and storage of goods at wharves. Failure to comply with the provisions of the Customs Act 1901 or any associated regulations or notices may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, section 286 of the Act provides for a maximum penalty of $22,200 for contravening a provision of the Act or associated regulations or notices that is punishable by a fine. Additionally, section 288 of the Act provides for a maximum penalty of imprisonment for two years for contravening a provision of the Act or associated regulations or notices that is punishable by imprisonment. It is important for parties or entities to be aware of their obligations under the Act and to take all necessary steps to ensure compliance, in order to avoid any potential penalties or consequences. In summary, the Wharf Notice of Revocation and Appointment (No. 22/13) revokes the previous wharf notice and appoints new wharves in the Port of Fremantle, with fixed limits as indicated in Attachment A. The Customs Act 1901 imposes obligations and requirements on parties or entities to comply with the provisions of the Act and associated regulations or notices, and failure to do so may result in civil or criminal penalties. It is important for all parties or entities to be aware of their obligations under the Act and to take all necessary steps to ensure compliance in order to avoid any potential penalties or consequences.