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.
Overview
The Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, was updated through CEO Instrument of Approval No. 84 of 2005. This instrument addresses a legislative gap by approving the "Special Reporter – Mail Order Consignments APPLICATION FOR REGISTRATION (B303 September 2005)" form for applicants seeking registration as a special reporter in relation to low value cargo from a particular mail-order house. The Act, enacted by the Commonwealth Parliament, seeks to streamline the process for such applications by updating the requisite forms to reflect the reduced threshold for consignments per month, from 5000 to 1000 as stipulated by the 2001 Amendment Act. This update ensures that the legislative instruments remain current and effective in meeting the evolving needs of the international trade system.
Scope and Application
CEO Instrument of Approval No. 84 of 2005 pertains to the Customs Act 1901 and specifically addresses the approved form for an application to register as a special reporter in relation to low value cargo consigned from a particular mail-order house. The Act applies to individuals or partnerships who wish to apply for registration as a special reporter in the context of low value cargo, with a particular focus on mail order consignments. The scope of this instrument is to update the application form to reflect the new threshold of 1000 consignments per month, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The application of this instrument is limited to the Commonwealth of Australia, with no exclusions or exemptions specified in the text. Additionally, it is noted that no consultation was undertaken due to the minor nature of the changes, and the instrument will take effect from the day following its registration.
Key Provisions
The Customs Act 1901 (the Act) contains provisions for the approval of forms used for certain customs-related applications, with section 4A(1) defining an approved form as one that is approved in writing by the Chief Executive Officer of Customs (the CEO). This approval process is crucial for ensuring that the forms used comply with the necessary legal and administrative requirements. Section 67EA of the Act allows for individuals or partnerships to become special reporters in relation to low value cargo, while section 67EC stipulates that an application for such registration must be made in an approved form.
Under CEO Instrument of Approval No. 84 of 2005, the "Special Reporter – Mail Order Consignments APPLICATION FOR REGISTRATION (B303 September 2005)" form has been approved for use in applications for registration as a special reporter concerning low value cargo from a particular mail-order house. This approval was necessitated by amendments reducing the required number of consignments per month for such registration from 5000 to 1000, a change implemented by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (the ITM Act). This form ensures that all applications for special reporter status are consistent with the current legal requirements.
The Act imposes specific obligations on applicants for special reporter status. These include the requirement to submit an application in the approved form, which must be the "Special Reporter – Mail Order Consignments APPLICATION FOR REGISTRATION (B303 September 2005)" form as approved by the CEO. This form must accurately reflect the updated threshold of 1000 consignments per month and include all necessary information as specified in the approved form. Failure to comply with these requirements could result in the application being deemed invalid, potentially leading to delays or refusals in the registration process.
Breach of the requirements set forth in the Act can lead to various consequences. While the Explanatory Statement does not specify detailed civil or criminal penalties, non-compliance with the form requirements could result in the application being rejected. This could potentially have broader implications for the applicant’s ability to engage in customs-related activities. Additionally, any legislative instrument approved by the CEO is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it can be subject to disallowance by Parliament, further underscoring the importance of compliance.