COMMONWEALTH OF AUSTRALIA
CEO INSTRUMENT OF APPROVAL No. 10 of 2004
CUSTOMS ACT 1901
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs, under section 4A and paragraph 114F(1B)(b) of the Customs Act 1901, approve the attached “REMOVAL OF GOODS FROM A WHARF OR AIRPORT” as the approved statement for the purposes of communicating electronically to Customs particulars where goods for export have been removed from a wharf or airport for a purpose other than loading them onto a ship or aircraft for export, in accordance with subsection 114F(1B) of the Act .
This instrument commences on the commencement of item 13 of Schedule 2 to the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004.
Dated: 9 September 2004
LIONEL BARRIE WOODWARD
Chief Executive Officer of Customs
REMOVAL OF GOODS FROM A WHARF OR AIRPORT
Approved statement – Customs Act 1901 paragraph 114F(1B)(b)
Item No. | Short title | Information required |
1 | Sender Reference | The identifier assigned by the person communicating the notice to identify (and distinguish from others) the notice and all subsequent amendments to the notice. |
2 | Sender Reference Version | The numeric identifier assigned by the person communicating the notice to identify the version of a notice or a sequence of related notices. |
3 | Reporting Party Identifier | The Australian Business Number (ABN), or code allocated by Customs (the Customs Client Identifier or CCID), that identifies the person communicating the notice. |
4 | Mode of Transport | Air or Sea |
5 | CTO Establishment Identifier | The identifying code allocated by Customs to identify the cargo terminal operator from whom the goods are to be removed. |
6 | Line Number | The unique number that identifies each separate line of goods on the notice. |
7 | Container Number | For each line of goods being consigned by ship in an ISO container - the container number of the container in which the goods are packed. |
8 | Non-Containerised Identifier | For each line of goods being consigned by ship that are not packed into an ISO container - the booking reference or bill of lading reference. |
9 | Customs Authority Number (CAN) | For each line of goods that are not: - goods described in paragraph 113(2)(a) or (b) of the Customs Act 1901 (the Act);
- goods consigned by post and diplomatic bags of mail;
- goods covered by section 130A of the Act;
- goods that have a permission under subsection 162A(6) of the Act; and
- military goods that are the property of Australian Government, for use overseas by the Australian Defence Forces;
one of the following numbers: - the export entry advice number (see subsection 114C(2) of the Act) which identifies the export declaration on which the goods have been entered for export;
- the ACEAN (as defined in section 4 of the Act) for the goods;
- the submanifest number (see subsection 117A(3) of the Act) for the goods; or
- if a cargo report relating to the goods states that the goods destination is a place outside Australia - the number or code allocated by Customs to the goods.
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10 | Contingency Customs Authority Number
(C-CAN) | EXCC - goods normally subject to entry that have been delivered for export or have been exported in accordance with an authority to deal given when the CEO has given notice that the ICS is temporarily inoperative and the goods have been entered by document under paragraph 126E(2)(b) of the Act. |
11 | Export Entry Exemption Code | For each line, if the goods are described below - the exemption code specified below: - EXPE for goods described in paragraph 113(2)(a) of the Act .
- EXLV for goods described in paragraph 113(2)(b) of the Act.
- EXML for goods consigned by post or diplomatic bags of mail.
- EXSP for goods covered by s130A of the Act.
- EXTI for goods that have a permission under subsection 162A(6) of the Act.
- EXDD military goods that are the property of Australian Government, for use overseas by the Australian Defence Forces.
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12 | Air Waybill Number | For air cargo, the Master Air Waybill number for the goods |
13 | Cargo ID Type | Whether the Cargo ID is an Air Waybill, Container Number or Non-Containerised ID. |
Overview
The Customs Act 1901, enacted by the Commonwealth Parliament, serves to regulate the import and export of goods within Australia, ensuring compliance with customs procedures and facilitating trade. To address the need for clear and efficient communication regarding the removal of goods from wharfs or airports for purposes other than export, the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004 introduced specific provisions. This legislative instrument, CEO Instrument of Approval No. 10 of 2004, was approved by the Chief Executive Officer of Customs under section 4A and paragraph 114F(1B)(b) of the Customs Act 1901. The policy objective is to streamline the process of electronically communicating to Customs the details of goods removed from wharfs or airports for non-export purposes, thereby enhancing the accuracy and timeliness of customs documentation and compliance. This instrument commences on the commencement of item 13 of Schedule 2 to the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004.
Scope and Application
The Customs Act 1901, as amended and supported by the legislative instrument F2006B11699, applies to persons and entities engaged in the removal of goods from a wharf or airport for purposes other than loading them onto a ship or aircraft for export. This includes any individual or business that communicates electronically to Customs the particulars of such removals. The geographic reach of this Act is national, as it is a Commonwealth Act, applying across Australia. The approved statement provided under this instrument requires specific information such as sender reference, reporting party identifier, mode of transport, and other details pertinent to the goods being removed, ensuring clarity and compliance with customs regulations. The Act does not specify exclusions or exemptions explicitly within this legislative instrument but provides a structured format for the communication of necessary details to Customs, which may be further defined through subordinate instruments. This ensures that the logistics and regulatory compliance around the removal of goods from wharfs and airports are meticulously adhered to, facilitating smoother trade practices within Australia.
Key Provisions
This legislative instrument, F2006B11699, approved by the Chief Executive Officer of Customs, Lionel Barrie Woodward, under section 4A and paragraph 114F(1B)(b) of the Customs Act 1901, pertains to the removal of goods from a wharf or airport for purposes other than loading them onto a ship or aircraft for export. It sets out an approved statement for electronic communication to Customs. This statement is required when goods for export are removed from a wharf or airport for purposes other than loading them onto a ship or aircraft for export, in accordance with subsection 114F(1B) of the Act (paragraph 114F(1B)(b)). The instrument commences on the date specified in item 13 of Schedule 2 to the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004.
The approved statement in the instrument outlines the specific information that must be communicated to Customs when goods are removed from a wharf or airport for export purposes. This includes the sender reference and version, the reporting party identifier (either the Australian Business Number or the Customs Client Identifier), the mode of transport (air or sea), the CTO Establishment Identifier, the line number, the container number (for goods packed in an ISO container), the non-containerised identifier (for goods not packed in an ISO container), the Customs Authority Number for goods not falling under certain categories, the Contingency Customs Authority Number for goods subject to entry under certain conditions, the Export Entry Exemption Code for specific types of goods, the Air Waybill Number for air cargo, and the Cargo ID Type (Air Waybill, Container Number, or Non-Containerised ID).
The Act imposes several obligations on the parties involved. These include the requirement to provide accurate and complete information in the approved statement when communicating the removal of goods for export purposes. The sender must assign a unique identifier (Sender Reference) to each notice and its subsequent amendments, and provide a numeric identifier (Sender Reference Version) to identify the version of the notice. The reporting party must provide their Australian Business Number or Customs Client Identifier, and the cargo terminal operator must provide the CTO Establishment Identifier. The information must be communicated electronically to Customs as per the approved statement.
Failure to comply with the requirements of the Act may result in civil or criminal consequences. The Act does not specify the maximum penalties for breaches, but breaches of the Customs Act 1901 generally carry substantial penalties, including fines and imprisonment, depending on the severity of the breach. The Act also allows for the imposition of civil penalties for non-compliance with the approved statement requirements. The specific penalties for breaches of the approved statement requirements are not detailed in the instrument, but may include fines or other civil penalties.