Overview

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to streamline and modernise customs processes, particularly in relation to international trade. The Act sought to address gaps in the existing legislative framework by introducing more efficient and technology-driven methods for reporting cargo information. This was achieved through the replacement of section 64AB of the Customs Act 1901, which required cargo reports to be provided for ships or aircraft arriving in Australia from overseas, with new provisions that mandate electronic cargo reports. CEO Instrument of Approval No. 57 of 2005, issued under the authority of the Customs Act 1901, approves the "CARGO LIST REPORT" as an approved statement, enabling shipping lines to electronically communicate cargo reports in compliance with the updated requirements. The instrument was enacted without prior consultation as it was considered minor and did not significantly alter existing arrangements, and it came into effect the day after its registration.

Scope and Application

The CEO Instrument of Approval No. 57 of 2005, under the Customs Act 1901, pertains to the approval of a specific statement that must be communicated electronically by shipping lines when reporting cargo information on vessels or aircraft arriving in Australia from overseas. This approval is critical for ensuring that the cargo report complies with the statutory requirements set out in the Act. The instrument applies to any shipping line or entity that is responsible for the electronic communication of a cargo report to Australian customs. It has a national reach within Australia, affecting all states and territories, and is instrumental in facilitating the customs clearance process for international cargo entering the country. There are no stated exclusions or exemptions within this instrument, but it is part of a broader legislative framework that may include other regulations governing international trade and customs processes. The instrument itself does not substantially alter existing arrangements and is considered minor or of a machinery nature, thus not requiring consultation as per the Legislative Instruments Act 2003. The instrument comes into effect on the day following its registration.

Key Provisions

The main operative sections of CEO Instrument of Approval No. 57 of 2005 concern the approval of an "approved statement" for use in submitting an electronic cargo report under section 64AB of the Customs Act 1901 (the Act). Specifically, subsection 4A(1A) defines an approved statement as one that has been approved in writing by the Chief Executive Officer of Customs (the CEO). According to subsection 4A(2), the instrument by which a statement is approved is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Paragraph 6(d) of the Legislative Instruments Act 2003 classifies approved statements as legislative instruments. This instrument approves the attached "CARGO LIST REPORT" as an approved statement, enabling shipping lines to communicate an electronic cargo report in accordance with section 64AB of the Act. The Act imposes specific obligations on parties or entities governed by it, particularly those involved in the international trade of goods arriving in Australia. Under section 64AB, these parties must provide a cargo report relating to a ship or aircraft on a voyage or flight to Australia from outside Australia. The cargo report must include information specified in an approved statement, which, in this case, is the "CARGO LIST REPORT" approved by this instrument. This requirement ensures that the necessary information is communicated electronically and in a format that has been approved by the CEO of Customs. Failure to comply with the requirements set out in the Act and the approved statement can result in civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, it is understood that breaches of the Customs Act 1901 can lead to significant penalties. These may include fines, imprisonment, or both, depending on the nature and severity of the breach. The maximum penalties are not specified in the explanatory statement but are outlined in the primary legislation and related regulations. Compliance with the approved statement and the Act is crucial to avoid these potential legal repercussions.