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The previous documentary ‘Crew Report’, which was approved in 2005, has been revoked and replaced, with effect from 1 July 2007, as a consequence of the implementation of the new Maritime Crew Visa (MCV).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.
Overview
The Customs Act 1901, enacted by the Australian Parliament, serves to regulate and facilitate the import and export of goods and the movement of people into and out of Australia. To address the need for updated reporting requirements for crew members on ships arriving from overseas, CEO Instrument of Approval No. 1 of 2007 was introduced. This instrument revoked the previous CEO Instrument of Approval No. 102 of 2005 and approved a new version of the "Crew Report (Form 3B (JULY 2007))". This new form was necessitated by the implementation of the Maritime Crew Visa (MCV) and aims to align with the new visa regime by requiring operators to report whether crew members hold an MCV, thus providing Customs with an indication of visa status. The new form also streamlines reporting by removing certain previously required information, such as voyage number, document type, seafarers identity document number, and travel document/passport expiry date, which will now be verified by Customs systems upon check.
Scope and Application
The CEO Instrument of Approval No. 1 of 2007, which approves the new “Crew Report (Form 3B (JULY 2007))” under section 64ACB of the Customs Act 1901, applies to operators of ships arriving in Australia from places outside Australia. The purpose of this approval is to mandate the submission of a report to Customs regarding the crew members on board the ship at the time of its arrival at an Australian port. The new form replaces the previously approved "Crew Report" from 2005, reflecting changes necessitated by the implementation of the Maritime Crew Visa (MCV) from 1 July 2007. The revised form requires operators to specify whether each crew member holds an MCV and mandates reporting only on passports, with certain details such as voyage number, document type, seafarers identity document number, and travel document expiry date no longer required. This legislative instrument operates under the Commonwealth jurisdiction and is intended to streamline reporting processes while ensuring compliance with the new MCV requirements.
Key Provisions
The main operative sections of this legislation are sections 64ACB and 4A of the Customs Act 1901. Section 64ACB of the Act mandates the operator of a ship arriving from outside Australia to submit a crew report to Customs before the ship's arrival at an Australian port. This report must include information on the crew members who will be on board the ship upon arrival, and it must be submitted within a specified time period. Section 4A defines "approved form" and stipulates that any form approved by the Chief Executive Officer of Customs must be in writing. CEO Instrument of Approval No. 1 of 2007 revokes the previous approval of the Crew Report and approves the new version of "Crew Report (Form 3B (JULY 2007))" as the approved form for the purpose of complying with section 64ACB.
The Act imposes specific obligations on the parties it governs. Ship operators are required to submit a crew report to Customs prior to the ship’s arrival at an Australian port. The report must be submitted within a specified time period, typically at least 96 hours before the estimated arrival time, unless the voyage duration is shorter. The report must include information about each crew member, including whether they hold a Maritime Crew Visa (MCV). Additionally, the report must be submitted either in document form or electronically, as permitted by the approved form.
Failure to comply with the requirements of this legislation may result in civil or criminal consequences. While the explanatory statement does not specify the exact penalties, under the Customs Act 1901, breaches of reporting requirements can lead to significant penalties. For example, non-compliance may be considered an offence under section 176 of the Act, which could result in fines and/or imprisonment depending on the severity of the breach. The maximum penalties are not explicitly stated in this explanatory statement, but they can be substantial under the broader provisions of the Customs Act 1901.