EXPLANATORY STATEMENT
CEO Instrument of Approval No. 77 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 64AA of the Act requires an 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 Section 64AA was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005. New subsection 64AA(6) provides, in part, that a documentary report of the 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. 77 of 2005 approves the attached “ ARRIVAL REPORT (SEA) (B359 September 2005)” form as an approved form for the purposes of communicating, by document, particulars of the 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.
Overview
The CEO Instrument of Approval No. 77 of 2005 amends the Customs Act 1901 by approving the "ARRIVAL REPORT (SEA) (B359 September 2005)" form for use as a document to communicate the particulars of a ship's arrival at a port in Australia. This instrument was enacted by the Chief Executive Officer of Customs under the authority of the Customs Act 1901, which defines an approved form as one that is approved by written instrument by the CEO. The policy objective behind this approval is to ensure that the documentation required for the arrival of ships at Australian ports adheres to a specific, approved format, facilitating the efficient processing and management of customs-related information. The instrument became effective the day after it was registered, addressing the need for a standardised form to be used in compliance with the Customs Act 1901.
Scope and Application
The Customs Act 1901 applies to a broad range of entities and individuals involved in the import and export of goods into and out of Australia, including individuals, businesses, and agents. The Act governs the administration of customs and excise duties, and its scope extends to all goods entering or leaving the country. The CEO Instrument of Approval No. 77 of 2005, which approves the "ARRIVAL REPORT (SEA) (B359 September 2005)" form, is a legislative instrument that specifies the requirements for an approved form to be used for documenting the arrival of a ship at a port in Australia. This form must be used by those responsible for reporting the arrival of a ship from outside Australia and must contain the required information and be signed in accordance with the approved form. The instrument applies nationally across all Australian ports and is subject to disallowance under the Acts Interpretation Act 1901. The approval of this form is a minor or machinery instrument, and no consultation was required prior to its enactment. The instrument will commence on the day after it is registered.
Key Provisions
The Customs Act 1901, as amended, contains specific provisions concerning the documentation required for the arrival of ships and aircraft into Australia from overseas. Under section 64AA, an arrival report must be submitted in relation to such voyages or flights (section 64AA(6)). This requirement mandates that the arrival report be in writing, use an approved form, contain specific information as stipulated by the form, and be signed in the manner specified by the form. CEO Instrument of Approval No. 77 of 2005, which is referenced in the explanatory statement, formalises this requirement by approving the "ARRIVAL REPORT (SEA) (B359 September 2005)" form for documenting the arrival of sea vessels at Australian ports. This instrument ensures that the report meets the legislative requirements set out in the Customs Act.
The obligations imposed by this legislation on the parties involved, particularly those responsible for the operation of ships arriving at Australian ports, include the submission of an accurately completed and signed arrival report using the approved form. The form must include all necessary information, such as the ship's details, cargo information, and other relevant particulars as required by the approved form. The signed report must be submitted to the appropriate authorities in a timely manner, as dictated by the provisions of the Customs Act. This ensures that customs and border control agencies have all the necessary information to process the arrival and facilitate the subsequent clearance of the ship and its cargo.
Failure to comply with the requirements of the Customs Act and the approved form for the arrival report can result in significant consequences. Under the Act, non-compliance may lead to civil or criminal penalties. For civil penalties, section 176 of the Customs Act stipulates that penalties can be imposed for various breaches, including the provision of false or misleading information. The maximum penalty for such offences can be substantial, often measured in penalty units as defined by the Commonwealth Penalties Act. Criminal penalties may also apply, with potential imprisonment terms depending on the severity of the offence. The specifics of these penalties and their enforcement are governed by the broader legal framework within which the Customs Act operates.