Wharf Notice of Revocation (No. 23/01) – Port of Brisbane - Portside Cruise Terminal

Overview

The Customs Act 1901 was enacted to regulate the administration of customs and excise in Australia, addressing the need for a unified framework governing imports, exports, and the movement of goods across borders. The Act provides the legislative foundation for the Australian Border Force, which enforces customs and border control laws, ensuring compliance and the protection of Australia's economic interests. The Wharf Notice of Revocation (No. 23/01) under subsection 15(2) of the Customs Act 1901, issued by Phil Emerson as a delegate of the Comptroller-General of Customs, revokes the wharf appointment for the Portside Cruise Terminal at Hamilton in the Port of Brisbane. This revocation was gazetted on 3 February 2023 and cancels the previous wharf appointment published on 5 July 2006, thereby addressing the need to update and maintain accurate records of wharf appointments within the customs framework. The policy objective is to ensure that the administration of customs remains current and reflective of changes in port operations and infrastructure.

Scope and Application

The Customs Act 1901 governs various aspects of customs administration in Australia, and this specific notice under subsection 15(2) pertains to the revocation of a wharf appointment within the Port of Brisbane. The notice revokes Wharf Appointment No. 2387, which designated the Portside Cruise Terminal at Hamilton as a wharf, a status originally granted by a previous notice published in the Commonwealth of Australia Gazette on 5 July 2006. This revocation applies to the area specified within the Port of Brisbane in the State of Queensland, directly affecting entities and individuals operating within or in relation to this wharf. The notice is a clear exercise of federal power, operating under the authority granted by the Customs Act 1901, and signifies a change in the administrative status of the designated wharf. The revocation does not explicitly mention exclusions, exemptions, or thresholds, but it is likely subject to further regulations or conditions which may be outlined in subordinate instruments or other relevant legal provisions.

Key Provisions

The Wharf Notice of Revocation (No. 23/01) under subsection 15(2) of the Customs Act 1901 (hereafter referred to as the Act) signifies the revocation of the wharf appointment for the area known as the Portside Cruise Terminal at Hamilton in the Port of Brisbane. This revocation pertains to the wharf appointment number 2387, which was initially established on 5 July 2006 through the Commonwealth of Australia Gazette No. GN 26. The notice specifies that the designated wharf area, which was previously recognised and regulated under the Act, is no longer authorised as such. Entities or individuals affected by this revocation must cease any operations or activities that were previously permitted under the wharf appointment. This includes the cessation of any customs-related activities that were conducted within the specified limits of the wharf. The revocation impacts the legal status of the area, removing it from the list of authorised wharfs under the Act. Compliance with this revocation is mandatory for all parties previously operating within the defined limits of the wharf. Breach of the provisions outlined in this Wharf Notice may result in legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Specifically, unauthorised activities conducted within the revoked wharf area could be considered illegal under the Act, leading to enforcement actions. The maximum penalties for breaches may include fines and, in severe cases, criminal charges. These measures are intended to ensure adherence to the Act and the regulatory framework governing customs and wharf operations in Australia.