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.
Overview
The Customs Act 1901 was amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 to introduce the requirement for stevedores to electronically communicate outturn reports for containers unloaded from ships at Australian ports. This amendment aimed to enhance the efficiency and accuracy of customs reporting processes by ensuring that the details of container outturn are electronically transmitted to Customs in accordance with an approved format. The Customs Act 1901, enacted by the Parliament of Australia, was thus extended to include provisions for these electronic communications, reflecting a shift towards modernising international trade practices. The Chief Executive Officer of Customs approved the "OUTTURN REPORT (SUBSECTION 64ABAA(2))" as an approved statement to facilitate this electronic communication, as detailed in CEO Instrument of Approval No. 60 of 2005. This legislative instrument was enacted without consultation due to its minor nature, and it commenced on the day after its registration.
Scope and Application
The Customs Act 1901, as amended, includes provisions that govern the communication of outturn reports for containers unloaded from ships at Australian ports. Specifically, new section 64ABAA, introduced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, mandates that when a container is unloaded from a ship at a port, the stevedore must electronically communicate an outturn report to Customs. This requirement ensures that the details of the container’s contents are accurately and promptly reported to the relevant authorities. The approved statement for this outturn report, titled "OUTTURN REPORT (SUBSECTION 64ABAA(2))", has been approved by the Chief Executive Officer of Customs, under CEO Instrument of Approval No. 60 of 2005. This approval makes the statement a legislative instrument as defined under the Legislative Instruments Act 2003. The approved statement applies to stevedores whose particulars have been communicated to Customs by the ship operator, and it is binding in accordance with the Customs Act. The instrument, which does not require consultation as it is considered of minor or machinery nature, came into effect on the day after its registration.
Key Provisions
The primary operative sections of the legislation are section 64ABAA(2) and 64ABAA(5)(c) of the Customs Act 1901. These sections mandate that when a container is unloaded from a ship at a port, the stevedore must electronically communicate an outturn report to Customs. This report must adhere to the approved statement titled "OUTTURN REPORT (SUBSECTION 64ABAA(2))," which has been approved by the Chief Executive Officer (CEO) of Customs under the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The approved statement is a legislative instrument, and its approval is documented in CEO Instrument of Approval No. 60 of 2005.
The obligations imposed by this legislation are primarily on stevedores. They are required to submit an outturn report electronically to Customs when a container is unloaded from a ship at a port. This report must strictly follow the approved statement format. This obligation ensures that Customs receives timely and accurate information regarding the unloading of containers, facilitating efficient customs processes and compliance with customs regulations.
Breaching the requirements outlined in the legislation can lead to various consequences. Although specific offences and penalties are not detailed in the provided text, the approved statement is a legislative instrument, and its approval is a disallowable instrument. Typically, failure to comply with such legislative instruments can result in civil or administrative penalties. For example, under section 46A of the Acts Interpretation Act 1901, a disallowable instrument can be subject to disallowance by either House of Parliament, which can render the approved statement ineffective. Furthermore, any breach of customs regulations could lead to further consequences, including fines and other penalties stipulated under the Customs Act 1901.