EXPLANATORY STATEMENT

CEO Instrument of Approval No. 54 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

On 19 July 2005, the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 inserted new section 64AAC into the Act.  New section 64AAC requires the operator of a ship or aircraft that is on a voyage or flight to Australia from a place outside Australia to report to Customs particulars of:

a)        in the case of a ship - the stevedore with whom the operator has entered into a contract for the unloading of the cargo from the ship at a place in Australia; or

b)        in the case of an aircraft - the depot operator who will first receive the cargo after it has been unloaded from the aircraft at a place in Australia. 

CEO Instrument of Approval No. 54 of 2005 approves the attached “PERSONS ENGAGED TO UNLOAD CARGO” statement for the purposes of communicating electronically particulars of the stevedore or depot operator.

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.