EXPLANATORY STATEMENT
CEO Instrument of Approval No. 114 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 114 of the Act requires certain goods that are proposed to be exported from Australia to be reported to Customs before that exportation. That report is made in the form of an export declaration.
Section 114B of the Act provides that a person who proposes to make an export declaration and who will be unable to include in the export declaration particular information in relation to certain goods because the information cannot be ascertained until after the exportation of the goods may apply to the CEO for confirming exporter status in respect of the information and the goods.
An application for confirming exporter status must be in an approved form. The CEO approved a form for this purpose in 1991 (Instrument of Approval No. 3 of 1991 refers).
CEO Instrument of Approval No. 114 of 2005 repeals Instrument of Approval No. 3 of 1991 and replaces it with a new form that requires the applicant to provide the following additional information:
– their Customs Client ID (CCID) or Australian Business Number (ABN);
– their Branch ID (if applicable);
– the AHECC range of the goods subject of the application.
The form has also been amended to list the types of information that are generally subject to such applications (ie Customs export value, net quantity, gross weight and first port of discharge) and to provide information about conditions, and modifications of those conditions, and when confirming exporter status may be cancelled.
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.