Overview

The CEO Instrument of Approval No. 19 of 2005 pertains to the Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 and the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. This instrument addresses the need to transition from legacy computer systems used by Australian Customs for the import process to the new Integrated Cargo System (ICS). By approving the "Nature 10" (No. B616 (JUL 2005)) and the "Nature 10 - (Continuation) Sheet" (No. B616(JUL 2005)) as approved forms, the instrument aims to ensure a smooth transition for stakeholders such as importers, ship and aircraft operators, and cargo reporters by providing a standardised form for submitting documentary import declarations and returns for special clearance goods. The instrument was enacted by the Chief Executive Officer of Customs, in accordance with the requirements of the Customs Act, and it commenced on 19 July 2005, aligning with the final phase of the transition to the ICS.

Scope and Application

The CEO Instrument of Approval No. 19 of 2005 applies to entities and individuals engaged in the import of goods into Australia via ships or aircraft, including importers, cargo reporters, and ship or aircraft operators, as they need to comply with the new requirements for submitting documentary declarations and returns to Australian Customs using the approved forms. The instrument is part of the broader legislative framework established under the Customs Act 1901 and subsequent amendments made by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 and the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. These amendments are designed to facilitate the transition to electronic communication with Customs through the Integrated Cargo System, replacing the previous systems such as COMPILE, Air Cargo Automation, and Sea Cargo Automation. The approved forms "Nature 10" and "Nature 10 - (Continuation) Sheet" must be used for documentary import declarations and returns for special clearance goods, and must comply with the information and signature requirements specified in the approved forms. The instrument does not apply to ships or aircraft that are imported on board another vessel. It commences on 19 July 2005, aligning with the final phase of the transition to the new cargo system.

Key Provisions

The CEO Instrument of Approval No. 19 of 2005 under the Customs Act 1901 primarily serves to approve specific forms for use in communicating with Customs. Section 4A(1) of the Customs Act identifies an approved form as one that has been endorsed in writing by the Chief Executive Officer of Customs. This form is essential for various declarations and entries related to customs, ensuring that all necessary information is provided in a structured and authorised format. Section 4A(2) further clarifies that such an instrument of approval is a disallowable instrument under the Acts Interpretation Act 1901, highlighting its legislative importance. Paragraph 6(d) of the Legislative Instruments Act 2003 categorises these approved forms as legislative instruments, which underscores their regulatory significance. Entities and individuals governed by the Customs Act, such as importers, ship and aircraft operators, and cargo reporters, are required to comply with the approved forms as stipulated in the legislation. Specifically, section 71K of the Customs Act mandates that entries or returns communicated by document must be in an approved form, contain all required information, and be signed appropriately. This requirement ensures that all communications with Customs are standardised and verifiable, facilitating smoother customs processes. The re-approval of existing forms under the new section 71K ensures continuity and compliance with the Integrated Cargo System (ICS), which is replacing older systems like COMPILE, Air Cargo Automation, and Sea Cargo Automation. Failure to comply with the requirements set out in the approved forms can lead to various consequences. While specific penalties are not detailed in the explanatory statement, breaches of customs regulations generally result in civil or criminal penalties, depending on the severity of the violation. For minor infractions, penalties may include fines or administrative actions, whereas more serious breaches could lead to criminal charges, imprisonment, or both. The importance of adhering to these forms cannot be overstated, as they are integral to the legal framework governing customs communications in Australia. The instrument, CEO Instrument of Approval No. 19 of 2005, commences on 19 July 2005, aligning with the final phase of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. This timing allows stakeholders to transition smoothly to the new ICS system, ensuring that all necessary preparations are made to meet the new requirements. Given the complexity of the changes, the absence of consultation under section 17 of the Legislative Instruments Act 2003 may be due to the instrument's minor nature, which does not substantially alter existing arrangements but rather refines them in line with modern technological advancements.