EXPLANATORY STATEMENT
CEO Instrument of Approval No. 59 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 64ABAA into the Act.
New section 64ABAA(1) provides that when cargo is unloaded from an aircraft at an airport, the depot operator whose particulars have been communicated to Customs by the operator of the aircraft under section 64AAC of the Act must communicate electronically to Customs an outturn report in respect of the cargo.
New section 64ABAA(4) provides, in part, that when cargo unloaded from an aircraft has been moved, under permission given under section 71E of the Act, to a Customs place other than a warehouse, the person in charge of the Customs place must communicate electronically to Customs an outturn report in respect of the cargo.
New paragraph 64ABAA(5)(c) provides that an outturn report must in accordance with an approved statement.
The CEO has approved the “OUTTURN REPORT (SUBSECTIONS 64ABAA(1) AND (4)) - AIR” as an approved statement for the purposes of communicating electronically:
a) an outturn report in respect of cargo that has been unloaded from an aircraft at an airport in Australia; and
b) an outturn report in respect of cargo that was unloaded from an aircraft and has been moved, under a permission given under section 71E of the Act, to a Customs place other than a warehouse.
CEO Instrument of Approval No 59 of 2005 approved this approved statement.
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.