EXPLANATORY STATEMENT
CEO Instrument of Approval No. 109 of 2005
Customs Act 1901
Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved form as a form 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 form 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 forms are legislative instruments.
Background
Section 63A of the Act defines ‘low value cargo’ to mean:
a) cargo consigned from a particular mail-order house; or
b) cargo comprising other goods of a kind prescribed by the regulations;
being cargo in relation to each single consignment of which section 68 does not apply because of paragraph 68(1)(f).
Paragraph 68(1)(f) applies to goods:
– that are included in a consignment consigned otherwise than by post by one person to another;
– that are all transported to Australia in the same ship or aircraft; and
– that have a value not exceeding $250 or such other amount as is prescribed.
A person who imports low value cargo may apply to become a special reporter which changes their reporting obligations to Customs. The CEO approved a new form for the purposes of applying to become a special reporter on 28 September 2005 (CEO Instrument of Approval No. 84 of 2005). That form refers to the requirement that the value of the goods must not exceed $250.
On 8 October 2005, the Customs Amendment Regulations 2005 (No. 6) prescribed another amount for the purposes of subparagraph 68(1)(f)(iii). That amount is $1,000 and as a consequence the application form has been amended to refer to $1,000.
CEO Instrument of Approval No. 109 of 2005 revokes CEO Instrument of Approval No. 84 of 2005 and approves the updated version of the “Special Reporter – Mail Order Consignments APPLICATION FOR REGISTRATION (B303 October 2005)” form as an approved form for the purposes of applying for registration as a special reporter in respect of low value cargo consigned from a particular mail-order house.
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.