EXPLANATORY STATEMENT

CEO Instrument of Approval No. 73 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

Paragraphs 68(1)(d) to (i) of the Act list certain classes of goods which, if imported into Australia, are not required to be entered. Goods that are the unaccompanied personal or household effects of a passenger of a ship or an aircraft are such a class of goods (paragraph 68(1)(d) refers).  Section 71AAAB of the Act provides that the owner of such goods “must, in any circumstances specified in the regulations, provide such information, at such time, and in such manner and form as the regulations specify...”.

Regulation 41 of the Customs Regulations 1926 provides that if a Collector requires information under section 71AAAB of the Act, then it must be provided in an approved form or an approved statement. 

The CEO has approved the “UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION” for the purposes of arriving passengers providing electronically information about the passengers’ unaccompanied personal or household effects.

CEO Instrument of Approval No. 73 of 2005 approves the “UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION”.

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.