EXPLANATORY STATEMENT
CEO Instrument of Approval No. 110 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 ‘re-mail item’, in relation to ship or aircraft, to mean “an item of cargo carried on the ship or aircraft, in respect of which a number of criteria apply including that the item either has no commercial value or is a publication in respect of which the value of the publication does not exceed $250 (or such other amount as is prescribed for the purposes of subparagraph 68(1)(f)(iii)).
A person who imports re-mail items may apply to become a re-mail reporter which changes their reporting obligations to Customs. The CEO approved a new form for the purposes of applying to become a re-mail reporter on 28 September 2005 (CEO Instrument of Approval No. 85 of 2005). That form refers to the requirement that the value of a publication 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. 110 of 2005 revokes CEO Instrument of Approval No. 85 of 2005 and approves the updated version of the “RE-MAIL REPORTERS APPLICATION FOR REGISTRATION (B304 October 2005)” form as an approved form for the purposes of applying for registration as a re-mail reporter.
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.