EXPLANATORY STATEMENT
CEO Instrument of Approval No. 3 of 2006
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
Section 64AB of the Act requires a cargo report to be provided in relation to a ship or aircraft on a voyage or flight to Australia from a place outside Australia. Section 64AB was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005. New subsection 64AB(4B) provides that an electronic cargo report must communicate such information as is set out in an approved statement.
On 14 September 2005, by Instrument of Approval No. 57 of 2005, the CEO approved the “CARGO LIST REPORT” statement as an approved statement for the purposes of a shipping line communicating electronically a cargo report in accordance with section 64AB of the Act.
Item 6 (Responsible Party ID) of that statement requires the Australian Business Number (ABN) or Customs Client Identifier (CCID) of the cargo reporters or the person who entered into a contractual agreement with the cargo reporter to provide cargo reports to Customs. However, under the Act, only a ‘cargo reporter’ is obliged to provide the cargo report to Customs. ‘Cargo reporter’ is defined in subsection 4(1) of the Act as meaning the operator or charterer of the ship or aircraft, the slot charterer in respect of the ship, or a freight forwarder in respect of the ship or aircraft.
The description of the information required under Item 6 of the “CARGO LIST REPORT” statement has been amended so that it is clear that the statutory obligation to provide cargo reports is only on ‘cargo reporters’ and not other persons who may communicate the cargo report to Customs (for example, through a contractual agreement with a cargo reporter) who are not cargo reporters for the purposes of the Act.
CEO Instrument of Approval No. 3 of 2006 revokes CEO Instrument of Approval No. 57 of 2005 and approves the updated version of the “CARGO LIST REPORT” statement as an approved statement for the purposes of a shipping line communicating electronically a cargo report in accordance with section 64AB of the Act.
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 after it is registered.