EXPLANATORY STATEMENT

CEO Instrument of Approval No. 75 of 2005

Customs Act 1901

Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved form as a form 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 form 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 64 of the Act requires an impending arrival report to be provided in relation to a ship or aircraft on a voyage or flight to Australia from a place outside Australia.  Section 64 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005.  New subsection 64(9) provides, in part, that a documentary report of the impending arrival of a ship or aircraft must be in writing; be in an approved form; contain such information as is required by the form; and be signed in a manner specified in the form.

CEO Instrument of Approval No. 75 of 2005 approves the attached “IMPENDING ARRIVAL REPORT (SEA) (B365 September 2005)” form as an approved form for the purposes of communicating by document a report of the impending arrival of a ship at a port in Australia.

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.