Customs Act 1901 - CEO Instrument of Approval No. 1 of 2009

Overview

CEO Instrument of Approval No. 1 of 2009, which amends the Customs Act 1901, was enacted to address the need for updating the list of approved locations for the examination of international mail. This update ensures that Customs officers can effectively exercise their powers to seize special forfeited goods or impound dutiable goods in line with the current operational realities. The instrument was issued by the Chief Executive Officer (CEO) under the authority granted by the Customs Act 1901 and is intended to streamline the process for examining international mail by reflecting changes in mail handling practices and locations. The objective is to maintain the integrity and efficiency of customs operations while ensuring that the list of approved places remains current and relevant. The instrument revokes the previous CEO Instrument of Approval No. 7 of 2006 and includes the new list of approved locations as outlined in the schedule to the instrument, which will come into effect on the day after it is registered on the Federal Register of Legislative Instruments.

Scope and Application

The CEO Instrument of Approval No. 1 of 2009 pertains to the Customs Act 1901 and specifically addresses the approval of places for the examination of international mail, thereby extending the powers of Customs officers under sections 203B and 209 of the Act. This instrument applies to Customs officers and the entities involved in the international mail examination process. It is a Commonwealth instrument, operating under the jurisdictional reach of the Australian federal government, and its application is limited to the approved locations specified within the instrument itself. The instrument revokes CEO Instrument of Approval No. 7 of 2006, which previously approved several international mail centres for examination purposes, and updates the list to include only those centres currently in use. As this instrument is of a minor or machinery nature, no consultation was undertaken prior to its creation, in accordance with the Legislative Instruments Act 2003. The instrument comes into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

CEO Instrument of Approval No. 1 of 2009 operates to amend the list of approved international mail centres under the Customs Act 1901 (the Act). The main sections involved in this process are sections 183UA(1) and 183UA(2) of the Act, which define what constitutes a 'Customs place' and the process for approving such places for the examination of international mail. The instrument revokes CEO Instrument of Approval No. 7 of 2006 and replaces it with a new list of approved mail centres, as outlined in the schedule. These centres are now recognised as places where Customs officers can exercise their powers to seize special forfeited goods or impound dutiable goods found during the examination of international mail. Under the Customs Act 1901, the obligations imposed on the parties include ensuring that the approved international mail centres meet the necessary standards for the examination of international mail. These centres must be prepared to facilitate the Customs officers' duties as per the Act, allowing them to perform their functions without obstruction. The centres must also comply with any additional requirements or conditions set by the Chief Executive Officer (CEO) for the examination of international mail. The Act's provisions ensure that the approved centres are effectively integrated into the regulatory framework for the examination of international mail. In terms of offences, penalties, and consequences, the Customs Act 1901 does not explicitly detail specific penalties for the non-compliance of approved mail centres. However, the Act does provide for the seizure of special forfeited goods and the impounding of dutiable goods found during the examination of international mail. Failure to comply with the Act's provisions or to meet the necessary standards for the examination of international mail could result in the loss of approval for the mail centre. Furthermore, any breach of the Act's provisions could potentially lead to further legal consequences, depending on the specific circumstances and any additional legislation applicable to the situation. The maximum penalties for breaches of the Customs Act 1901 may vary depending on the specific offence and the relevant provisions of the Act.