EXPLANATORY STATEMENT
CEO Instrument of Approval No. 79 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
On 19 July 2005, the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 inserted new section 64AAA into the Act. New section 64AAA requires the operator of a ship or aircraft that has arrived at a port or airport in Australia (from a place outside Australia) to report to Customs particulars of the ship’s stores or aircraft’s stores and of any prohibited goods contained in those stores at the time of arrival.
CEO Instrument of Approval No. 79 of 2005 approves the attached “STORES and PROHIBITED GOODS REPORT (SEA) (B366 September 2005)” form as an approved form for the purposes of communicating by document particulars of an ship’s stores and of any prohibited goods contained in those stores at the time of arrival 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 Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 introduced a new section, 64AAA, into the Customs Act 1901, requiring the operator of a ship or aircraft arriving in Australia from overseas to report details of the ship’s or aircraft’s stores and any prohibited goods to Customs. This requirement was enacted to enhance customs oversight and compliance with trade regulations. CEO Instrument of Approval No. 79 of 2005, issued under the authority of the Customs Act 1901, approved the "STORES and PROHIBITED GOODS REPORT (SEA) (B366 September 2005)" form for use in fulfilling the new reporting obligations. This instrument was not subject to consultation under the Legislative Instruments Act 2003 as it is considered minor and does not significantly alter existing arrangements. The instrument took effect on the day following its registration.
Scope and Application
The CEO Instrument of Approval No. 79 of 2005, under the Customs Act 1901, specifies the approved form for reporting the details of a ship's stores and any prohibited goods upon arrival at an Australian port. This legislation applies to operators of ships arriving from international waters, mandating them to report to Customs the particulars of their ship's stores and any prohibited goods these may contain. The geographic scope of this legislation is confined to the Commonwealth of Australia, applying to any port within its jurisdiction. The Act does not specify any exclusions or exemptions but relies on the approved form to ensure compliance with customs regulations. The approval of the form "STORES and PROHIBITED GOODS REPORT (SEA) (B366 September 2005)" is a legislative instrument under the Legislative Instruments Act 2003 and is a disallowable instrument under the Acts Interpretation Act 1901. The instrument's commencement is effective from the day after its registration, without any consultation as it pertains to minor or machinery nature.
Key Provisions
The primary operative section of this legislation, section 64AAA of the Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, mandates that the operator of a ship or aircraft arriving from outside Australia must report to Customs the details of the ship’s stores or aircraft’s stores and any prohibited goods contained therein upon arrival at an Australian port or airport (section 64AAA). This requirement is aimed at ensuring transparency and compliance with Australian customs regulations. The approved form for this reporting, "STORES and PROHIBITED GOODS REPORT (SEA) (B366 September 2005)", has been designated as an approved form under section 4A of the Customs Act 1901, as per CEO Instrument of Approval No. 79 of 2005.
The Act imposes specific obligations on the parties it governs. Operators of ships or aircraft arriving in Australia must complete and submit the approved form to Customs, providing accurate and detailed information about the stores and any prohibited goods (section 64AAA). This form, approved by the CEO, serves as the required document for this reporting obligation. The approved form is intended to standardise the information provided and facilitate the Customs' assessment and compliance processes.
Failure to comply with the requirements of section 64AAA of the Customs Act 1901 may result in civil or criminal penalties. Although specific penalties are not detailed in the provided text, breaches of the Customs Act generally can lead to substantial fines and, in more severe cases, imprisonment. The exact penalties depend on the nature and extent of the breach, and they are subject to the broader provisions of the Customs Act and other relevant legislation. Non-compliance can also lead to detention of goods or vessels, further highlighting the importance of adhering to the statutory obligations.