EXPLANATORY STATEMENT

CEO Instrument of Approval No. 85 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 67F of the Act provides that a person or a partnership may be registered as a re-mail reporter.  Subsection 67F(2) provides that an applicant for registration as a re-mail reporter must be in an approved form.

Prior to 19 July 2005, cargo reports to Customs were required to be reported using the Air Cargo Automation (ACA) and the Sea Cargo Automation (SCA) systems.  These systems have now been superseded by the Integrated Cargo System (the ICS) and it is necessary to remake the current approved form that is the application for registration as a re-mail reporter to replace references to ACA and SCA with references to the ICS.

CEO Instrument of Approval No. 85 of 2005 approves the “RE-MAIL REPORTERS APPLICATION FOR REGISTRATION (B304 September 2005)” form for the purposes applying for registration as a re-mail reporter.

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.