EXPLANATORY STATEMENT
CEO Instrument of Approval No. 84 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 67EA of the Act provides that a person or a partnership may become a special reporter in relation to low value cargo or a particular kind. Section 67EC of the Act provides that an applicant for registration as a special reporter in respect of low value cargo of a particular kind may make an application in relation to cargo of that kind and that the application must be in an approved form.
Prior to 19 July 2005, an applicant for registration as a special reporter in relation to low value cargo had to be likely to make cargo reports covering at least 5000 consignments per month from a particular mail order house to consignees in Australia. This number was reduced to 1000 consignments per month by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (the ITM Act). As a result of this amendment, it was necessary to remake the approved form that is the application form for registration to refer to the new amount.
CEO Instrument of Approval No. 84 of 2005 approves the “Special Reporter – Mail Order Consignments APPLICATION FOR REGISTRATION (B303 September 2005)” form for the purposes applying for registration as a special reporter in relation to low value cargo consigned from a particular mail-order house.
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.