EXPLANATORY STATEMENT

CEO Instrument of Approval No. 113 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

Subsection 64AB(2) of the Act provides that if a ship or aircraft is due to arrive at its first port or airport in Australia since it last departed from a port or airport outside Australia, each cargo reporter must report to Customs, in accordance with this section, particulars of certain goods:

a)        that the cargo reporter has arranged to be carried on the ship or aircraft on the voyage or flight; and

b)        that are intended to be unloaded from the ship or aircraft at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight); and

Similarly, subsection 64AB(2A) provides that if a ship or aircraft is due to arrive at its first port, or airport, in Australia since it last called at a port, or departed from an airport, outside Australia, each cargo reporter must report to Customs, in accordance with this section, particulars of certain goods that the cargo reporter has arranged to be carried on the ship or aircraft and that are intended to be kept on board the ship or aircraft for shipment on to a place outside Australia.

Such reports may be made electronically or by document and a documentary cargo report must, in part:

a)        be in writing; and

b)        be in an approved form; and

c)        contain such information as is required by the form; and

d)        be signed in a manner specified in the form.

The CEO approved a form for the purposes of making a documentary cargo report in relation to goods transported on board a ship on 28 September 2005 (CEO Instrument of Approval No. 81 of 2005).  It has since been discovered that the fields on that form are too small. 

CEO Instrument of Approval No. 113 of 2005 repeals CEO Instrument of Approval No. 81 of 2005 and replaces it with a form that requires the same information to be provided but gives the cargo reporter more room to provide that information.

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.