EXPLANATORY STATEMENT
CEO Instrument of Approval No. 81 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 64AB of the Act requires a cargo report to be provided in relation to a ship or aircraft on a voyage or flight to Australia from a place outside Australia. Section 64AB was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005. New subsection 64AB(4A) provides, in part, that a documentary cargo report 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. 81 of 2005 approves the attached “CARGO REPORT (SEA) (B351 September 2005)” form as an approved form for the purposes of communicating, by document, particulars of:
a) all goods that a cargo reporter has arranged to be carried on a ship on a voyage and that are intended to be unloaded from the ship at a port in Australia (whether the first port or any subsequent port on the same voyage), other than goods that are accompanied personal or household effects of a passenger or member of the crew or ship’s stores; and
b) all goods that the cargo reporter has arranged to be carried on a ship and that are intended to be kept on board the ship for shipment to a place outside Australia, other than goods that are accompanied personal or household effects of a passenger or member of the crew or ship’s stores.
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.