Wharf Notice of Revocation and Appointment (No. 23/02) – Port of Darwin – New Fort Hill Wharf

Overview

The Customs Act 1901 was enacted to regulate customs and border control in Australia, addressing the need for a comprehensive legislative framework governing the import and export of goods. This Act was introduced by the Commonwealth Parliament to provide a uniform system for the administration of customs and excise duties, and to facilitate international trade while protecting the revenue of the Commonwealth and enforcing border security. The policy objective of the Act is to ensure efficient and effective customs operations, promoting trade and economic activity while safeguarding national security. In line with this objective, the Customs Act 1901 provides the authority for the appointment and revocation of customs wharfs, as demonstrated in the Wharf Notice of Revocation and Appointment (No. 23/02) concerning the Port of Darwin's New Fort Hill Wharf, which was gazetted on 1 December 2023. This notice, signed by Phil Emerson as a delegate of the Comptroller-General of Customs, revokes the previous notice dated 1998 and designates the New Fort Hill Wharf as an approved customs wharf, delineating its boundaries as per the attached document.

Scope and Application

The Customs Act 1901, as applied through the Wharf Notice of Revocation and Appointment (No. 23/02) published in the Commonwealth of Australia Gazette, serves to alter the designation of wharf areas within the Port of Darwin in the Northern Territory. This notice revokes the previous designation of a wharf area established under the 1998 notice (Notice No. 98/10), replacing it with the New Fort Hill Wharf as the designated wharf area. The revocation and appointment are carried out under the authority granted by paragraph 15(2)(a) of the Customs Act 1901, which allows the Comptroller-General of Customs to designate and modify wharf areas to accommodate changing maritime activities and infrastructure developments. This notice applies to the area within the red boundary lines specified in Attachment A, which likely delineates the physical extent of the New Fort Hill Wharf. The scope of this legislation extends to all entities and persons engaging in customs-related activities at the specified wharf, including importers, exporters, and other maritime stakeholders operating within the port. This geographic application is specific to the Port of Darwin, thereby affecting only the Northern Territory within the Commonwealth of Australia. The notice does not explicitly mention any exclusions, exemptions, or thresholds, indicating that it applies broadly to all relevant activities within the newly designated wharf area. The Customs Act 1901 may also extend or restrict its application through subordinate instruments, but such details are not provided in this particular notice.

Key Provisions

The key operative sections of the Customs Act 1901 Notice under Paragraph 15(2)(a) Wharf Notice of Revocation and Appointment (No. 23/02) pertain to the revocation and appointment of a wharf within the Port of Darwin in the Northern Territory. Firstly, section 15(2)(a) (paragraph a) mandates the revocation of the previous wharf notice, specifically "CUSTOMS ACT 1901 - NOTICE UNDER SECTION 15 - NOTICE NO. 98/10" dated 21 January 1998, which was published in the Commonwealth of Australia Gazette No. GN 5 on 4 February 1998. Secondly, paragraph (b) appoints the area known as New Fort Hill Wharf as a wharf under the Customs Act 1901. Lastly, paragraph (c) delineates the limits of this newly appointed wharf, specifying that these boundaries are defined by the red boundary lines as indicated in Attachment A to this notice. The Act imposes several obligations and requirements on the parties and entities it governs. Primarily, it requires the Comptroller-General of Customs or their delegate to ensure that the appointed wharf area is clearly identified and demarcated to prevent any confusion or misuse of the designated customs area. The appointment of a new wharf also requires the publication of a notice in the Commonwealth of Australia Gazette to inform relevant stakeholders and the public about the change. The revocation of the previous wharf notice ensures that outdated or superseded areas are no longer recognised under the Customs Act, thereby maintaining the clarity and efficiency of customs operations. Failure to comply with the provisions of the Customs Act 1901 may result in various consequences. Under the Act, there are specific offences and penalties for non-compliance. While the notice itself does not detail specific penalties, breaches of the Customs Act can result in civil and criminal penalties. For example, contravening the customs regulations can lead to fines and, in more severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with the maximum penalties varying according to the specific provisions of the Customs Act. It is imperative for all parties involved to adhere strictly to the requirements set forth in the Act to avoid any legal repercussions.