EXPLANATORY STATEMENT
CEO Instrument of Approval No.103 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
New section 64ABAA(3) provides that when cargo that is not in a container is unloaded from a ship, the stevedore whose particulars have been communicated to Customs by the operator of the ship under section 64AAC of the Act must communicate electronically to Customs an outturn report in respect of the cargo.
New section 64ABAA(4) provides, in part, that when cargo unloaded from a ship has been moved, under permission given under section 71E of the Act, to a Customs place other than a warehouse, the person in charge of the Customs place must communicate electronically to Customs an outturn report in respect of the cargo.
New paragraph 64ABAA(5)(c) provides that an outturn report must in accordance with an approved statement.
On 14 September 2005 by Instrument of Approval No. 58 of 2005, the CEO approved the “OUTTURN REPORT (SUBSECTIONS 64ABAA(3) AND 64ABAA(4)) - SEA” as an approved statement for the purposes of communicating electronically:
a) an outturn report in respect of cargo that has been unloaded from a ship at a port in Australia; and
b) an outturn report in respect of cargo that was unloaded from a ship and has been moved, under a permission given under section 71E of the Act, to a Customs place other than a warehouse.
However, the statement attached to that Instrument had a minor technical error which needed to be corrected.
CEO Instrument of Approval No. 103 of 2005 revokes CEO Instrument of Approval No. 58 of 2005 and approves the corrected version of the “OUTTURN REPORT (SUBSECTIONS 64ABAA(3) AND 64ABAA(4)) - SEA” as an approved statement for the purposes of communicating electronically:
a) an outturn report in respect of cargo that has been unloaded from a ship at a port in Australia; and
b) an outturn report in respect of cargo that was unloaded from a ship and has been moved, under a permission given under section 71E of the Act, to a Customs place other than a warehouse.
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.