EXPLANATORY STATEMENT

CEO Instrument of Approval No. 25 of 2005

Customs Act 1901

Subsection 4A(1A) of the Customs Act 1901 (the Act) defines an approved statement 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 statement 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 statements are legislative instruments.

Background

Under section 64ACB of the Act, operators of incoming ships and aircraft must provide crew reports to Customs, either by document or electronically.

Under subsection 64ACB(6) of the Act, an electronic report provided under section 64ACB must communicate such information as is set out in an approved statement.

Instrument

CEO Instrument of Approval No. 25 of 2005 approves the “Data Elements Required for Electronic Reporting of Aircrew” statement as the new approved statement for the purpose of communicating to Customs an electronic report on crew who will be on board an aircraft at the time of its arrival at an airport.

The instrument also repeals CEO Instrument of Approval No 8 of 2003.  The change to the form has been necessitated by the addition of two fields of information required in the reporting: a crew member’s travel document number and their country of origin.

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 will commence operation on the day it is registered.