EXPLANATORY STATEMENT
CEO Determination No. 1 of 2006
Customs Act 1901
Subsection 126DA(1) of the Customs Act 1901 (the Customs Act) provides that after consulting with persons likely to be affected, the CEO must determine, and cause to be published in the Gazette:
a) the information technology requirements that have to be met by persons who wish to communicate with Customs electronically; and
b) the information technology requirements that have to be met to satisfy a requirement that a person's signature be given to Customs in connection with information when the information is communicated electronically; and
c) the information technology requirements that have to be met to satisfy a requirement that a document be produced to Customs when the document is produced electronically.
Subsection 126DA(2) allows the CEO to determine alternative information technology requirements that may be used including different information technology requirements that may be used in different circumstances or by different classes of persons.
Background and Instrument
On 15 July 2005, the Chief Executive Officer of Customs (the CEO) determined information technology requirements under subsection 126DA(1) in CEO Determination No. 1 of 2005. Under that determination, electronic communications in relation to imported goods and the arrival of ships and aircraft in Australia (except some communications made during a transitional period) would have to be made using the new Customs computer system, the Integrated Cargo System (ICS).
Subsequently, on 8 November 2005, due to some members of the importing community experiencing difficulties with the ICS, the CEO made a new determination (No. 2 of 2005) under which electronic import declarations, warehouse declarations and certain returns could be made using either the ICS or the existing computer system (COMPILE). It was intended that COMPILE would only be available in the short term.
Following consultation with the importing industry, it has been decided to turn COMPILE off at 11pm in the Australian Capital Territory on 3 February 2006.
CEO Determination No. 1 of 2006 revokes CEO Determination No. 2 of 2005 and replaces it with a new Determination which requires all electronic communications made under Division 3 or 4 of Part IV or Division 2 of Part VI of the Customs Act (except applications made under section 119AA) to be made using the ICS. Applications made under section 119AA will continue to be able to be made via e-mail.
The Determination also incorporates the ICS Message Implementation Guidelines of the CMR Software Developers Guide, as in force at the time when this Determination takes effect. The Guidelines set out the method for applying UN/EDIFACT D99B standards. The Guide is available on the Customs web site.
Consultation
Customs has consulted extensively with people likely to be affected by this instrument, in accordance with section 126DA of the Customs Act. Customs has also regularly issued media releases and placed notices on the Customs website about these arrangements.
Commencement
The instrument commences at 11pm in the Australian Capital Territory on 3 February 2006.