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.
Overview
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 introduced a provision in the Customs Act 1901 that mandates the operator of a ship or aircraft arriving in Australia from overseas to report particulars of the ship’s or aircraft’s stores, and any prohibited goods, to Customs upon arrival. This amendment aimed to strengthen border control measures and ensure compliance with customs regulations by requiring the declaration of goods and prohibited items at the point of entry. To facilitate this reporting requirement, CEO Instrument of Approval No. 80 of 2005 was enacted, approving a specific form for communicating these details. This instrument was approved by the Chief Executive Officer of Customs and is considered a legislative instrument under the Legislative Instruments Act 2003. The instrument came into effect on the day following its registration, providing a practical mechanism for the implementation of the new reporting obligations.
Scope and Application
The CEO Instrument of Approval No. 80 of 2005, under the Customs Act 1901, applies to the operators of aircraft arriving in Australia from overseas. This legislation mandates the reporting of stores and any prohibited goods present in the aircraft’s cargo upon arrival at an Australian airport. The approved form, “STORES and PROHIBITED GOODS REPORT (AIR) (B367 September 2005)”, is intended to facilitate the communication of such particulars to Customs. The instrument is designed to ensure compliance with the new section 64AAA of the Customs Act, which was introduced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. This requirement does not extend to ships or other modes of transport. The approval of this form by the Chief Executive Officer of Customs is in accordance with subsection 4A(1) of the Act, with the instrument being a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Notably, no consultation was conducted for this minor, machinery-related instrument as it does not significantly alter existing arrangements, and it came into effect the day after registration.
Key Provisions
The main operative sections of CEO Instrument of Approval No. 80 of 2005 relate to the approval of a specific form, the "STORES and PROHIBITED GOODS REPORT (AIR) (B367 September 2005)" for reporting purposes under section 64AAA of the Customs Act 1901 (section 4A(1)). This form is to be used by the operator of an aircraft arriving in Australia from outside the country to communicate details of the aircraft's stores and any prohibited goods contained within those stores at the time of arrival. This approval is a legislative instrument under the Legislative Instruments Act 2003 (section 4A(2)), and the instrument itself is a disallowable instrument under the Acts Interpretation Act 1901.
Under this legislation, the operator of an aircraft arriving in Australia is required to submit the approved form to Customs. This form must contain specific details about the aircraft's stores, including any prohibited goods present at the time of arrival. The obligation to report these details is a mandatory requirement, ensuring that Customs has accurate and timely information about the contents of the aircraft. The form must be completed and submitted promptly upon arrival, in accordance with the instructions and requirements set out in the approved form.
Failure to comply with the requirements of this legislation can result in various consequences. The Customs Act 1901 provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines and other monetary penalties as prescribed by the Act. In more serious cases, criminal penalties may apply, which could involve imprisonment. The exact penalties depend on the nature and severity of the breach, and they are subject to the provisions of the Customs Act 1901 and other relevant legislation. The instrument itself does not specify maximum penalties but refers to the broader legislative framework within which these penalties are determined.