EXPLANATORY STATEMENT
CEO Instrument of Approval No. 76 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 forms 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 Section 64 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005.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. 76 of 2005 approves the attached “IMPENDING ARRIVAL REPORT (AIR) (B364 September 2005)” form as an approved form for the purposes of communicating by document a report of the impending arrival of an aircraft at an airport 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.
Overview
The Customs Act 1901, enacted by the Commonwealth Parliament, was introduced to regulate the importation and exportation of goods across Australia's borders, ensuring compliance with customs laws and facilitating international trade. In 2005, the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 made significant amendments to the Customs Act 1901, including the replacement of Section 64, which pertained to impending arrival reports of ships or aircraft. CEO Instrument of Approval No. 76 of 2005, issued under the authority of the Customs Act 1901, addresses the need for a standardised approved form for documenting the impending arrival of aircraft in Australia, as stipulated by the new subsection 64(9). This instrument aims to streamline the process of reporting aircraft arrivals by approving a specific form for use, thereby ensuring consistency and compliance with the requirements of the Customs Act 1901.
Scope and Application
The Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, mandates the submission of an impending arrival report for ships or aircraft arriving in Australia from overseas. This requirement is facilitated through the CEO Instrument of Approval No. 76 of 2005, which approves the "IMPENDING ARRIVAL REPORT (AIR) (B364 September 2005)" form for the documentation of such reports for aircraft. The Act applies to all persons or entities responsible for the arrival of aircraft into Australia, mandating that the report must be in writing, adhere to the approved form, contain specified information, and be signed appropriately. The geographic reach of this requirement is national, applying across all jurisdictions within Australia. The Act does not specify any exclusions or exemptions, and its application is not extended or restricted by subordinate instruments. The instrument is a legislative one and is subject to disallowance as per the Acts Interpretation Act 1901 and Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the CEO Instrument of Approval No. 76 of 2005 are sections 4A(1) and 4A(2) of the Customs Act 1901, which define an approved form as one that has been approved by the Chief Executive Officer of Customs through a written instrument. This instrument, in turn, is a disallowable instrument under the Acts Interpretation Act 1901. Additionally, paragraph 6(d) of the Legislative Instruments Act 2003 classifies approved forms as legislative instruments. The key requirement under this approval is the use of a specific form for reporting the impending arrival of an aircraft in Australia, as outlined in the "IMPENDING ARRIVAL REPORT (AIR) (B364 September 2005)" form.
The obligations imposed by this Act on the parties or entities it governs include the necessity to provide a documentary report in an approved form, ensuring it is in writing, contains all required information, and is signed in the manner specified by the form. This requirement is particularly pertinent under the new subsection 64(9) of the Customs Act 1901, which stipulates these conditions for the impending arrival report of a ship or aircraft. The form approved by this instrument must be used to communicate the arrival details of an aircraft at an Australian airport.
There are no specific offences, penalties, or civil/criminal consequences outlined in the CEO Instrument of Approval No. 76 of 2005 itself. However, non-compliance with the requirements of the Customs Act 1901, such as failing to provide the necessary information in the approved form or signing the report incorrectly, could potentially lead to enforcement actions under the broader Customs Act. The penalties for breaches of the Customs Act can be severe, including fines and imprisonment, depending on the nature and severity of the offence.