EXPLANATORY STATEMENT
CEO Instrument of Approval No. 83 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 Section 64AB was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 on 19 July 2005.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. 83 of 2005 approves the attached “CARGO LIST REPORT (SEA) (B360 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.
Overview
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to modernise and streamline customs procedures in Australia, addressing issues related to the reporting of goods on international voyages and flights. This Act was introduced to ensure that cargo reports are provided in a standardised and approved form, thereby enhancing the accuracy and efficiency of customs documentation. CEO Instrument of Approval No. 83 of 2005, issued under the Customs Act 1901, approves a specific form for reporting cargo details for sea voyages to Australia. This legislative instrument aims to maintain compliance with the requirements of the Act by specifying the approved format for documentary cargo reports, ensuring that all necessary information is captured and communicated effectively. The instrument was issued by the Chief Executive Officer of Customs and commenced on the day after its registration, without the need for prior consultation due to its minor nature.
Scope and Application
The Customs Act 1901 governs various aspects of customs and border control in Australia, and under this Act, the Chief Executive Officer of Customs (CEO) has the authority to approve specific forms for use in the customs process. CEO Instrument of Approval No. 83 of 2005, which was made under the authority of the Customs Act, specifically approves the "CARGO LIST REPORT (SEA) (B360 September 2005)" form for documenting cargo details for ships arriving in Australia. This form must be used by cargo reporters to provide written documentation of all goods intended to be unloaded in Australia and those intended to be kept on board for shipment elsewhere, excluding personal or household effects of passengers or crew, and ship’s stores. The approved form must meet the criteria set out in the Customs Act, including containing the required information and being signed as specified. The instrument applies to any individual or entity acting as a cargo reporter for goods being carried on a ship into Australia, ensuring that the required information is accurately documented and reported. The instrument’s scope is limited to documentary requirements for maritime cargo, and it does not apply to other modes of transport or different types of approved forms.
Key Provisions
The main operative sections of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, as referenced in CEO Instrument of Approval No. 83 of 2005, pertain to the documentation requirements for cargo being transported into Australia. Specifically, subsection 64AB(4A) of the Act now stipulates that any documentary cargo report must be in writing, adhere to an approved form, include the requisite information as specified by the form, and be signed in the manner prescribed by the form. This requirement is critical for ensuring that all goods being transported into Australia are properly documented and declared.
The obligations imposed by the Act and subsequent CEO approval on the parties involved are stringent and clear. Cargo reporters, who are individuals or entities arranging for goods to be transported, must ensure that a detailed cargo report is prepared. This report must be comprehensive, covering all goods intended for unloading in Australia as well as those intended to remain on the ship for shipment elsewhere. Furthermore, the report must be completed in an approved form, specifically the "CARGO LIST REPORT (SEA) (B360 September 2005)" as endorsed by the CEO, and must be signed appropriately. The information provided must be accurate and must exclude personal or household effects of passengers or crew and ship’s stores, ensuring that only commercial goods are the focus of the report.
Failure to comply with the requirements outlined in the Act and the CEO-approved form can result in significant consequences. While the explanatory statement does not detail specific offences or penalties, the general framework of the Customs Act 1901 suggests that non-compliance could lead to enforcement actions. These could include fines, penalties, or other administrative sanctions imposed by Customs authorities. The maximum penalties for such breaches are not explicitly stated in the explanatory statement but can be severe, reflecting the importance of accurate and complete documentation in international trade.