Overview

The Customs Act 1901, enacted by the Australian Parliament, has been amended to address the need for more detailed and comprehensive electronic reporting of aircrew information upon the arrival of aircraft. This amendment is reflected in CEO Instrument of Approval No. 25 of 2005, which establishes the "Data Elements Required for Electronic Reporting of Aircrew" statement as the approved statement for electronic crew reporting. This instrument, approved by the Chief Executive Officer of Customs, updates the previous statement by incorporating additional data fields for crew members' travel document numbers and countries of origin. This update aims to enhance the accuracy and efficiency of customs operations by ensuring that all relevant information is captured during the electronic reporting process. The instrument repealed the previous CEO Instrument of Approval No 8 of 2003 and will commence operation on the day it is registered, without the need for consultation as it does not substantially alter existing arrangements.

Scope and Application

CEO Instrument of Approval No. 25 of 2005 pertains to the Customs Act 1901 and specifically addresses the requirements for electronic reporting of aircrew information to Australian Customs. This instrument applies to operators of incoming aircraft who must provide a crew report to Customs, either in a written or electronic format. The instrument mandates that any electronic report must communicate information as specified in an approved statement, which has been defined by the Chief Executive Officer of Customs (CEO) through written approval. This legislative instrument replaces CEO Instrument of Approval No 8 of 2003, necessitated by the addition of new data elements including crew member travel document numbers and countries of origin. The instrument's application extends to the entire Commonwealth of Australia, ensuring that all incoming aircraft operators comply with the updated electronic reporting requirements. Notably, no consultation was required as the instrument was considered minor and did not substantially alter existing arrangements. The instrument will come into effect on the day it is registered.

Key Provisions

The main operative sections of CEO Instrument of Approval No. 25 of 2005 (F2005L02365) are sections 64ACB and 4A of the Customs Act 1901. Section 64ACB(6) mandates that operators of incoming ships and aircraft must provide crew reports to Customs either in document or electronic form. This electronic report must include information specified in an approved statement, as outlined in section 4A. Specifically, CEO Instrument of Approval No. 25 of 2005 approves the "Data Elements Required for Electronic Reporting of Aircrew" statement as the new approved statement. This statement replaces the previously approved statement in CEO Instrument of Approval No 8 of 2003, primarily due to the inclusion of two new fields of information: the travel document number of each crew member and their country of origin. The Act imposes specific obligations on operators of incoming ships and aircraft. These operators must ensure that electronic crew reports provided to Customs include all the information specified in the approved statement. This requirement is detailed in section 64ACB(6) of the Customs Act 1901. The approved statement, as set out in CEO Instrument of Approval No. 25 of 2005, mandates that these reports must now include a crew member's travel document number and their country of origin. This ensures that Customs has comprehensive and updated information about the crew on board an aircraft at the time of its arrival at an airport. Failure to comply with the requirements of the approved statement can lead to various consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of the Customs Act 1901 can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The precise penalties would be determined by the courts in the event of non-compliance. Additionally, under section 46A of the Acts Interpretation Act 1901, the instrument by which an approved statement is approved is a disallowable instrument, meaning it can be disallowed by either house of Parliament.