EXPLANATORY STATEMENT

CEO Instrument of Approval No. 49 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

Section 64 of the Act requires an impending arrival report to be provided in relation to a ship or aircraft on a voyage or flight to Australia from a place outside Australia.  Section 64  was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005.  New subsection 64(10) provides that an electronic impending arrival report must communicate such information as is set out in an approved statement.

CEO Instrument of Approval No. 49 of 2005 approves the attached “IMPENDING ARRIVAL REPORT (SEA)”as an approved statement for the purposes of communicating electronically a report of the impending arrival of a ship at a port in Australia.

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.