EXPLANATORY STATEMENT
CEO Instrument of Approval No. 1 of 2011
Customs Act 1901
Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved form as a form that is approved, by instrument in writing, by the Chief Executive Officer of Customs (the CEO). Subsection 4A(1A) of the Act defines an approved statement as a statement that is approved, by instrument in writing, by the CEO. Subsection 4A(2) of the Act provides that the instrument by which a form or statement is approved is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Under paragraph 6(d) of the Legislative Instruments Act 2003, approved forms are legislative instruments.
Background
Section 119AA of the Act sets out the circumstances in which permission can be sought and granted to move, alter or interfere with goods for export that have been entered for export and in relation to which an authority to deal is in force. Previously, under this section, such an application could only be made electronically. Instrument of Approval No. 15 of 2004 approved the “APPLICATION FOR PERMISSION TO MOVE, ALTER OR INTERFERE WITH EXPORT GOODS UNDER CUSTOMS CONTROL” No. B961 (AUG 2004)) as an approved statement for the purposes of applying to Customs electronically, for permission to move, alter or interfere with goods in accordance with sections 119AA.
Item 5 of Schedule 1 to the Customs Amendment (Export Controls and Other Measures) Act 2011 amended subsection 119AA(3) to also allow such an application to be made by document. The documentary application must be in an approved form.
The new “APPLICATION FOR PERMISSION TO MOVE, ALTER OR INTERFERE WITH EXPORT GOODS UNDER CUSTOMS CONTROL” B959 (Nov 2011) has been approved as the new documentary and electronic application form and statement under section 119AA.
Item 8 of Schedule 1 to the Customs Amendment (Export Controls and Other Measures) Act 2011 amended the Act to introduce a new permission regime in relation to goods that have been entered for export but are no longer for export. These goods will be subject to Customs control under new paragraph 30(1)(e) of the Act and under new section 119AB, permission can be sought and granted to move, alter or interfere with such goods. Such an application can be made by document or electronically.
The new “APPLICATION FOR PERMISSION TO MOVE, ALTER OR INTERFERE WITH EXPORT GOODS UNDER CUSTOMS CONTROL” B959 (Nov 2011) has been also approved as the new documentary and electronic application form and statement under new section 119AB.
Instrument of Approval
CEO Instrument of Approval No. 1 of 2011 approves the “APPLICATION FOR PERMISSION TO MOVE, ALTER OR INTERFERE WITH EXPORT GOODS UNDER CUSTOMS CONTROL” B959 (Nov 2011) as an approved form and an approved statement for the purposes of applying to Customs, by document and electronically, for permission to move, alter or interfere with goods in accordance with sections 119AA and 119AB of the Act.
Consultation
Further to previous public consultation (refer ACN No. 2011/04) in relation to the Customs Amendment (Export Controls and Other Measures) Act 2011, Customs and Border Protection subsequently sought comments from internal and external stakeholders on the proposed business processes implementing the legislative changes to export controls. These processes include the use of the B959 form and statement.
As part of this consultation process, a letter detailing the legislative changes and a draft Fact Sheet with an overview of the proposed business processes were distributed directly to relevant industry representatives on 6 September 2011. The documents were also posted on the Customs and Border Protection website for public comment by 16 September 2011.
The Fact Sheet specified the purposes and usage of the B959 as approved form and an approved statement for the purposes of applying to Customs, by document and electronically, for permission to move, alter or interfere with goods in accordance with sections 119AA and 119AB of the Act.
No adverse comments were received in relation to the B959.
Commencement
This instrument commences on the commencement of Schedules 1 and 2 to the Customs Amendment (Export Controls and Other Measures) Act 2011. These Schedules will commence by Proclamation.