EXPLANATORY STATEMENT
CEO Instrument of Approval No. 7 of 2006
Customs Act 1901
Background
Division 1 of Part XII of the Act relates to the powers of Customs officers, including the power to seize special forfeited goods (see section 203B of the Act) or impound dutiable goods (see section 209 of the Act) found at a Customs place. For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Act defines ‘Customs place’ to include, among other places, ‘a place that is approved, in writing, by the CEO as a place for the examination of international mail’ (see paragraph (f) of the definition).
Under subsection 183UA(2) of the Act, an instrument of approval of a place as a place for the examination of international mail 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, such instruments of approval are legislative instruments.
Purpose of Instrument
CEO Instrument of Approval No. 1 of 2002 approved a number of international mail centres as places for the examination of international mail under paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act. The purpose of CEO Instrument of Approval No. 7 of 2006 is to update the international mail centres that are approved as places for the examination of international mail.
In particular, CEO Instrument of Approval No. 7 of 2006 approves, under paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act, the places described in the schedule to that instrument. These places include the international mail centres that are still in operation and the new Melbourne Gateway Facility, which will commence operations on 3 October 2006.
The new Melbourne Gateway Facility will replace the Melbourne Airmail Transit Centre. The Melbourne Airmail Transit Centre ceases its international mail processing operations on 10 October 2006 and therefore, its approval under subsection 183UA(1) is effective only until that date.
The approval of the specified international mail centres under subsection 183UA(1) of the Act allows Customs officers to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during their examination of international mail.
For the sake of clarity, this instrument also revokes all previous instruments approving places under paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.
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 it is registered.