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.
Overview
The Customs Act 1901, enacted by the Australian Parliament, serves as the foundational statute governing the regulation of customs and border protection in Australia. This Act was introduced to address the need for streamlined and efficient processes in managing the entry of goods and individuals into the country. A specific issue identified within the Act pertained to the reporting requirements for crew members on ships arriving in Australia, which were addressed by CEO Instrument of Approval No. 102 of 2005. This instrument was developed to consolidate and approve a single form for reporting crew details, replacing the previous dual forms and thereby simplifying the reporting process. The policy objective behind this consolidation is to enhance administrative efficiency while ensuring compliance with customs reporting requirements.
Scope and Application
The Customs Act 1901 applies to operators of ships and aircraft due to arrive in Australia, requiring them to provide reports on the crew members who will be on board at the time of arrival. These reports must be in an approved form, as specified by the Chief Executive Officer (CEO) of Customs. CEO Instrument of Approval No. 102 of 2005 consolidates and updates the approved form for these reports, revoking the previous approval of the 'Crew Report' (Form 3A (JUN 2004)) and 'Crew Report' (Form 3B (JUN 2004)) and approving the "Crew Report (Form 3B (September 2005))” form for use. This change applies nationally, with the CEO's approval acting as a legislative instrument under the Legislative Instruments Act 2003. The instrument took effect the day after its registration. Notably, no consultation was required as the change was deemed minor and did not substantially alter existing arrangements.
Key Provisions
The primary operative sections of CEO Instrument of Approval No.102 of 2005 concern the approval of a new form for reporting crew details on ships arriving in Australia, specifically the "Crew Report (Form 3B (September 2005))". This new form consolidates the details previously contained in two separate forms, the 'Crew Report' (Form 3A (Jun 2004)) and 'Crew Report' (Form 3B (Jun 2004)). Section 64ACB of the Customs Act 1901 mandates that operators of ships and aircraft must provide reports on crew to Customs prior to arrival. The instrument specifies that the new form is the approved form under subsection 64ACB(5) of the Act for making a documentary report on crew members.
The obligations imposed by this instrument primarily involve the operators of ships and aircraft. These operators must now use the approved "Crew Report (Form 3B (September 2005))" to report crew details to Customs before the ship arrives at an Australian port. This requirement ensures that Customs has accurate and consolidated information about the crew in a single, approved form, thereby streamlining the reporting process.
There are no explicit offences or penalties outlined in this instrument. However, failure to comply with the requirements of the Customs Act 1901, including the provision of an approved form, could lead to civil or criminal consequences under the broader provisions of the Act. These consequences could range from fines to more severe penalties, depending on the nature and severity of the non-compliance. The specific penalties are not detailed within this instrument but would be governed by the relevant sections of the Customs Act 1901.