EXPLANATORY STATEMENT
CEO Instrument of Approval No.102 of 2005
Customs Act 1901
Subsection 4A(1A) of the Customs Act 1901 (the Act) defines an approved statement as a statement 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 statement 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 statements are legislative instruments.
Background
Section 64ACB of the Act provides that operators of ships and aircraft that are due to arrive in Australia must provide reports on crew who will be on board the ship or aircraft at the time of arrival to Customs, either in documentary form or electronically. Subsection 64ACB(5) provides that a documentary report provided must be in an approved form.
The CEO previously approved the ‘Crew Report’ (Form 3A (Jun 2004)) and ‘Crew Report’ (Form 3B (JUN 2004)) as an 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.
Following a review of the previous forms, the details contained on those forms have been consolidated into one form.
The “Crew Report (Form 3B (September 2005))” form constitutes the approved form for the purposes of giving a documentary report of crew who will be on a ship at the time of its arrival at a port.
CEO Instrument of Approval No. 102 of 2005 revokes CEO Instrument of Approval No. 2 of 2004 which approved the ‘Crew Report’ (Form 3A (JUN2004)) and ‘Crew Report’ (Form 3B (JUN 2004)) forms. CEO Instrument of Approval No. 102 of 2005 also approves the “Crew Report (Form 3B (September 2005))” form as the approved form for the purposes of giving a documentary report of crew who will be on a ship at the time of its arrival at a port.
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Commencement
The instrument commences on the day after it is registered.