Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, is the foundational statute governing the regulation and administration of customs in Australia. The Act addresses the need for a structured framework to manage the importation and exportation of goods, as well as the movement of people, across Australian borders. CEO Instrument of Approval No. 24 of 2005, which approves the “Inwards Crew Report” form as a legislative instrument, was introduced to address the specific need for updated crew reporting requirements for incoming aircraft. This change was necessitated by the requirement to include a crew member’s travel document number and their country of origin in the report. The policy objective behind this update is to enhance the accuracy and completeness of crew information provided to Customs, thereby improving border security and facilitating more efficient customs operations.

Scope and Application

The CEO Instrument of Approval No. 24 of 2005 pertains to the Customs Act 1901 and is concerned with the approval of a specific form for use in customs operations. It applies to operators of incoming ships and aircraft, requiring them to provide crew reports to Customs either by document or electronically. The approved form, the “Inwards Crew Report” (FORM 3 (JULY 2005)), is mandated to contain specific information, including crew members' travel document numbers and their countries of origin. This requirement is outlined under section 64ACB of the Customs Act 1901 and must be adhered to in order for the documentary report to be in compliance. The geographic reach of this instrument is national, as it applies to all incoming ships and aircraft in Australia. The instrument effectively repeals the previous CEO Instrument of Approval No 9 of 2003 and will commence operation on the day it is registered. As the instrument is of a minor or machinery nature and does not substantially alter existing arrangements, no consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before its creation.

Key Provisions

The main operative sections of CEO Instrument of Approval No. 24 of 2005 revolve around the approval of the "Inwards Crew Report" form (FORM 3 (JULY 2005)) as the approved form for reporting crew details to Customs. Under section 64ACB of the Customs Act 1901, operators of incoming ships and aircraft are mandated to provide crew reports to Customs, either in documentary or electronic form. Subsection 64ACB(5) further stipulates that a documentary report must be in an approved form, contain required information, and be signed as specified by the form. This instrument replaces the previous form approved under CEO Instrument of Approval No 9 of 2003. The Act imposes specific obligations on operators of incoming ships and aircraft, mandating them to provide comprehensive crew reports to Customs. These reports must be submitted in the approved form, which now includes additional information such as the crew member's travel document number and country of origin. The form must be filled out accurately and signed appropriately, ensuring that all required details are included. Additionally, the approved form must be utilised for all documentary reports on crew members onboard aircraft arriving at Australian airports. Failure to comply with the requirements of the approved form could result in various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed within this explanatory statement, non-compliance with Customs reporting requirements generally can lead to significant repercussions. These may include fines, penalties, or other enforcement actions under the Customs Act 1901. The precise penalties would depend on the nature and severity of the breach, and could potentially be substantial given the importance of accurate crew reporting for security and regulatory purposes.