EXPLANATORY STATEMENT

CEO Instrument of Approval No. 86 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 statements are legislative instruments.

Background

Section 71DA of the Act provides that, if an import declaration has been made in respect of goods, authority to deal with the goods in accordance with entry may be refused until the officer doing duty in relation to the declaration has verified particulars of the goods or is satisfied of any other matter that may be relevant to granting the authority to deal.  In order to achieve this, the officer may require the owner of the goods to deliver to officer commercial documents in respect of the goods or information in relating the goods.

Under subsection 71DA(3) of the Act, a documentary requirement for the delivery of documents or information must be communicated to the person by whom, or on whose behalf, the declaration was communicated and be in an approved form and contain such particulars as the form requires.

CEO Instrument of Approval No. 86 of 2005 approves the “Notice to Produce Documents Pursuant to section 71DA of the Customs Act 1901 (B651 AUG/05)” form as an approved form for the purposes of making, by document, a requirement for the delivery of documents or information in respect of an import declaration.

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.