EXPLANATORY STATEMENT

CEO Instrument of Approval No. 18 of 2005

Customs Act 1901

Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved form 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 form is approved under subsection 4A(1), is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Under paragraph 6(d) of the Legislative Instrument Act 2003, approved forms are legislative instruments.

Background

In September 2004, the amendments to the Act contained in the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 relating to the exportation of goods and the departure of ships and aircraft commenced.  Those amendments reflected a change in the computer systems that are be used to communicate information about those goods, ships and aircraft to Customs.  Those electronic communications now need to be made through the Integrated Cargo System (ICS).

At the time the CEO approved a number of approved forms and statements that set out the information that people have to supply to Customs when reporting goods for export and departing ships and aircraft.

CEO Instrument No. 16 of 2004 approved an export declaration withdrawal notice.  That instrument contained a typographical error.

Instrument

CEO Instrument No. 18 of 2005 corrects that error.

CEO Instrument No. 18 of 2005 also revokes CEO Instrument of Approval No. 16 of 2004.

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 on which it was registered.