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 These systems have now been superseded by the Integrated Cargo System (the ICS) and it is necessary to remake the current approved form that is the application for registration as a re-mail reporter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.
Overview
The Customs (Re-mail Reporters) Instrument 2005 (F2005L03006), approved by the Chief Executive Officer of Customs, updates the registration process for re-mail reporters under the Customs Act 1901. This legislation was introduced to address the outdated references to the Air Cargo Automation (ACA) and Sea Cargo Automation (SCA) systems in the existing approved form for re-mail reporter registration, which have since been replaced by the Integrated Cargo System (ICS). The objective of this instrument is to ensure that the application form for re-mail reporter registration accurately reflects the current systems in use, thereby maintaining the efficiency and accuracy of cargo reporting to Customs. This update was deemed to be of a minor nature and did not require consultation as it does not substantially alter existing arrangements, in accordance with the Legislative Instruments Act 2003. The instrument comes into effect on the day after its registration.
Scope and Application
CEO Instrument of Approval No. 85 of 2005, pursuant to the Customs Act 1901, updates the approved form for registration as a re-mail reporter to align with the current Integrated Cargo System (ICS), replacing references to the superseded Air Cargo Automation (ACA) and Sea Cargo Automation (SCA) systems. This legislative instrument applies to individuals or partnerships seeking to register as re-mail reporters, ensuring that the application process remains current with technological advancements in cargo reporting systems. The updated form, approved by the Chief Executive Officer of Customs, serves as a legislative instrument under the Customs Act 1901, and its approval is a disallowable instrument under the Acts Interpretation Act 1901. While the instrument does not undergo formal consultation due to its minor nature, it remains a critical update to maintain the efficiency and accuracy of cargo reporting in line with modern systems.
Key Provisions
The main operative sections of the Customs Act 1901 relevant to this legislative instrument are Sections 4A(1) and 4A(2) (subs. 4A(1) and 4A(2)), which define an approved form and its legal status, and Section 67F (subs. 67F), which specifies the requirements for registering as a re-mail reporter. Section 67F(2) (subs. 67F(2)) states that an application for registration must be made on an approved form. CEO Instrument of Approval No. 85 of 2005 approves the "RE-MAIL REPORTERS APPLICATION FOR REGISTRATION (B304 September 2005)" form for this purpose. This form replaces references to the old Air Cargo Automation (ACA) and Sea Cargo Automation (SCA) systems with the current Integrated Cargo System (ICS).
The obligations imposed by this Act primarily concern the process of registering as a re-mail reporter. As per Section 67F(2) (subs. 67F(2)), applicants must use the approved form to apply for registration. This requirement ensures consistency and accuracy in the information provided to Customs. Additionally, since approved forms are considered legislative instruments under the Legislative Instruments Act 2003, the form must meet the standards and requirements set by that Act. The approval of the form by the Chief Executive Officer of Customs (as per Section 4A(1) (subs. 4A(1))) means that the form has the necessary legal authority to be used for its intended purpose.
Failure to comply with the requirements of this Act could result in various consequences. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to the use of the approved form. However, it is reasonable to infer that any failure to use the correct form or provide accurate information could lead to complications in the registration process, potentially resulting in delays or refusal of registration. Furthermore, any inaccuracies or omissions in the application could be grounds for investigation or further action by Customs. While the explanatory statement does not detail specific penalties, breaches of Customs regulations can generally lead to fines, legal action, or other administrative consequences as prescribed under the Customs Act 1901 and related legislation.