Wharf Revocation and Appointment (No. 20/20) – Port of Fremantle – Fremantle Outer Harbour (Kwinana CBH Grain Jetty)

Overview

The Customs Act 1901, enacted to regulate and manage customs duties and related matters, was introduced to address the need for a structured and comprehensive legislative framework governing the importation and exportation of goods in Australia. The Act was enacted by the Australian Parliament, aiming to ensure that customs regulations are effectively implemented and enforced across the country. This particular piece of legislation, under paragraph 15(2)(a), serves to revoke the previous wharf appointment for the Outer Harbour (Kwinana Grain Jetty) at the Port of Fremantle and appoint a new wharf within the same port, specifying the new boundaries for this designated area. The policy objective here is to update and refine the operational boundaries and regulations concerning the wharf, thereby ensuring compliance with current customs requirements and facilitating smoother trade operations.

Scope and Application

The Customs Act 1901 applies to the regulation of customs and excise in Australia, impacting various persons, entities, and industries involved in the importation and exportation of goods. This specific notice under paragraph 15(2)(a) pertains to the revocation and reappointment of a wharf at the Port of Fremantle in Western Australia. The notice, issued by Jasmina Ackar, a delegate of the Comptroller-General of Customs, revokes the previous wharf appointment for the Outer Harbour (Kwinana Grain Jetty) and reappoints a new wharf within the same geographical area, specifying new limits as detailed in Attachment A. The jurisdictional reach of this Act is national, as it is a Commonwealth Act, and applies specifically to the designated wharf area in Fremantle, Western Australia. No exclusions, exemptions, or thresholds are explicitly mentioned in this particular notice, although the Act itself may provide for such provisions in other contexts. The application and reach of the Customs Act can be extended or restricted through subordinate instruments, but this notice focuses solely on the specified wharf area.

Key Provisions

The Customs Act 1901, through the notice under Paragraph 15(2)(a), includes the revocation and reappointment of a wharf at the Port of Fremantle in Western Australia. Section 15(2)(a) of the Act allows for the appointment of areas as wharfs, and this particular notice revokes the previous appointment (section 1(a)) and reappoints a new area (section 1(b)). The limits of this newly appointed wharf are specified in Attachment A to the notice (section 1(c)). The new wharf area is defined by the red boundary line as illustrated in Attachment A. The Act imposes specific obligations on the parties involved with the wharf operations. These include ensuring compliance with the new boundaries and limits of the wharf as specified in the notice. Any entity or individual operating within or managing the newly appointed wharf must adhere to these limits and any other relevant provisions of the Customs Act 1901. The new wharf appointment also requires that all customs-related activities, such as the importation or exportation of goods, be conducted within the designated boundaries. Breaching the provisions of the Customs Act 1901 can lead to significant legal consequences. Offences under the Act can result in both civil and criminal penalties. For example, operating outside the specified wharf limits without proper authorisation can be considered a breach. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The maximum penalties for such offences are detailed in the relevant sections of the Customs Act 1901, and it is crucial for all parties to comply with the legal requirements to avoid these consequences.