EXPLANATORY STATEMENT

CEO Instrument of Approval No. 60 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 (2) provides that when a container is unloaded from a ship at a port, the stevedore whose particulars have been communicated to Customs by the operator of the ship under section 64AAC of the Act must communicate electronically to Customs an outturn report in respect of the container. 

New paragraph 64ABAA(5)(c) provides that an outturn report must in accordance with an approved statement.

The CEO has approved the  “OUTTURN REPORT (SUBSECTION 64ABAA(2))” as an approved statement for the purposes of communicating electronically an outturn report in respect of a container that is unloaded from a ship at a port. 

CEO Instrument of Approval No. 60 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.