EXPLANATORY STATEMENT

CEO Instrument of Approval No. 80 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. 80 of 2005 approves the attached “STORES and PROHIBITED GOODS REPORT (AIR) (B367 September 2005)” form as an approved form for the purposes of communicating, by document, particulars of an aircraft’s stores and of any prohibited goods contained in those stores at the time of arrival 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.