EXPLANATORY STATEMENT
CEO Instrument of Approval No. 1 of 2007
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(2) of the Act provides that the instrument by which a form 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 64ACB of the Act requires, in part, the operator of a ship that is due to arrive, from a place outside Australia, at a port in Australia to report to Customs on the crew who will be on board the ship at the time of its arrival at the port. This report is required to be given within a prescribed time period – normally at least 96 hours prior to the estimated time of the arrival of the ship at the port, or a lesser time period if the duration of the voyage is less than 96 hours.
The report can be given by document or electronically.
The previous documentary ‘Crew Report’, which was approved in 2005, has been revoked and replaced, with effect from 1 July 2007, as a consequence of the implementation of the new Maritime Crew Visa (MCV). The previous report was no longer suitable and, in particular, the new ‘Crew Report’ differs from the previous report in the following ways:
a) The new form requires operators to answer a question for each crew person reported as to whether they hold a MCV. This information is required to provide Customs with an indication of whether or not crew on a vessel arriving in Australia are believed to hold an MCV.
b) The new form no longer requires the following information required under the previous form:
(i) Voyage Number - this is not required in relation to the crew report.
(ii) Document Type - previously, crew reported on their Passport or Seaman's Identity Document. From 1 July 2007 under the new arrangements, they will be required to report on their Passport only.
(iii) Seafarers Identity Document Number - as crew will no longer be required to report on their Seaman's Identity Document, its number is no longer required.
(iv) Travel Document/Passport Expiry Date - this date was used to determine validity of documents. From 1 July 2007, Customs computer systems will determine this when checks are made.
Instrument
CEO Instrument of Approval No. 1 of 2007 revokes CEO Instrument of Approval No. 102 of 2005 and approves the new version of the “Crew Report (Form 3B (JULY 2007))” as the approved form for the purpose of making a documentary report on crew who will be on board a ship at the time of its arrival at a port in accordance with section 64ACB of the Act.
Consultation
The Department on Immigration and Citizenship (DIAC) ran 11 MCV Industry Seminars around Australia, at major ports in 2006 and 2007. Included in these seminars were discussions on Customs reporting requirements under section 64ACB of the Act.
Industry made suggestions about matters to be included in the new ‘Crew Report”, in particular the inclusion of the question as to whether the crew members of a ship have an MCV. DIAC and Customs agreed to this suggestion.
The other changes in the ‘Crew Report”, while not the subject of widespread consultation, reduce the reporting requirements to Customs and do not substantially alter existing arrangements. A detailed information pack is being disseminated to the shipping industry, together with briefs on the MCV changes, prior to 1 July 2007.
Commencement
The instrument commences on 1 July 2007. This is the date that the new MCV arrangements commence.