EXPLANATORY STATEMENT
CEO Instrument of Approval No. 68 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 4(2) of the Act provides that the instrument by which a statement is approved under subsection 4A(1), 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
Section 71E of the Act provides that where goods, after their importation, will be subject to the control of Customs, application may be made to Customs for permission to move those goods, or goods of that kind, to a place specified in the application.
Under amendments made the section 71E by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, if imported goods have not been entered for home consumption or warehousing, the movement application may be made only by the operator of the ship or aircraft that carried the goods, a cargo reporter in relation to the goods or by the stevedore or depot operator who has, or intends to take, possession of the goods. The owner of the goods may not make a movement application in these circumstance. In these circumstances, the movement application must be made electronically.
Under section 71L of the Act, a electronic movement application must communicate such information as is set out in an approved statement.
CEO Instrument No. 68 of 2005 approves the “UNDERBOND MOVEMENT APPLICATION– SEA” statement in respect of goods imported by sea that have not been entered for home consumption or warehousing.
A different approved statement will set out the information that will be required for goods that have been entered for home consumption or warehousing.
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.