COMMONWEALTH OF AUSTRALIA
CEO INSTRUMENT OF APPROVAL No. 9 of 2004
CUSTOMS ACT 1901
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs, under section 4A and subsection 114F(1A) of the Customs Act 1901 (the Act), approve the attached “RECEIPT OF GOODS AT A WHARF OR AIRPORT” as the approved statement for the purposes of communicating electronically to Customs particulars where goods for export have been delivered to a wharf or airport, in accordance with subsection 114F(1A) of the Act.
This instrument commences on the commencement of item 12 of Schedule 2 to the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004.
Dated: 9 September 2004
LIONEL BARRIE WOODWARD
Chief Executive Officer of Customs
RECEIPT OF GOODS AT A WHARF OR AIRPORT
Approved statement – Customs Act 1901 subsection 114F(1A)
Item No. | Short title | Information required |
1 | Sender Reference | The identifier assigned by the person communicating the notice to identify (and distinguish from others) the notice and all subsequent amendments to the notice. |
2 | Sender Reference Version | The numeric identifier assigned by the person communicating the notice to identify the version of a communication or a sequence of related communications. |
3 | Reporting Party Identifier | The Australian Business Number (ABN), or code allocated by Customs (the Customs Client Identifier or CCID), that identifies the person communicating the notice. |
4 | CTO Establishment Identifier | The identifying code allocated by Customs to identify the cargo terminal operator who received the goods. |
| Mode of Transport | Air or Sea |
5 | Line Number | The number that identifies each separate line of goods on the notice. |
6 | Offload Indicator | If a line of goods is received from another wharf or airport, the offload indicator may be checked. |
7 | Goods Owner Party Identifier | If the goods are described in paragraph 113(2)(a) or (b) of the Act and the owner has an ABN or CCID - the ABN or CCID of the owner of the goods. Air only |
8 | Owner Name | If the goods are described in paragraph 113(2)(a) or (b) of the Act and the owner does not have an ABN or CCID - the name of the Australian owner of the goods. Air Only |
9 | Goods Description | If the goods are described in paragraph 113(2)(a) or (b) of the Act - a description of the goods. Air only |
10 | Country of Destination | The ISO code for the country of destination of the goods. Air only |
11 | Proposed Departure Date | The expected date that the goods will be exported. Air only |
12 | Customs Authority Number (CAN) | For each line of goods that are not: - goods described in paragraph 113(2)(a) or (b) of the Customs Act 1901 (the Act);
- goods consigned by post and diplomatic bags of mail;
- goods covered by section 130A of the Act;
- goods that have a permission under subsection 162A(6) of the Act; and
- military goods that are the property of Australian Government, for use overseas by the Australian Defence Forces;
one of the following numbers: - the export entry advice number (see subsection 114C(2) of the Act) which identifies the export declaration on which the goods have been entered for export;
- the ACEAN (as defined in section 4 of the Act) for the goods;
- the submanifest number (see subsection 117A(3) of the Act) for the goods; or
- if a cargo report relating to the goods states that the goods destination is a place outside Australia - the number or code allocated by Customs to the goods.
|
13 | Contingency Customs Authority Number
(C-CAN) | EXCC - goods normally subject to entry that have been delivered for export or have been exported in accordance with an authority to deal given when the CEO has given notice that the ICS is temporarily inoperative and the goods have been entered by document under paragraph 126E(2)(b) of the Act. |
14 | Export Entry Exemption Code | For each line, if the goods are described below - the exemption code specified below: - EXPE for goods described in paragraph 113(2)(a) of the Act .
- EXLV for goods described in paragraph 113(2)(b) of the Act.
- EXML for goods consigned by post or diplomatic bags of mail.
- EXSP for goods covered by s130A of the Act.
- EXTI for goods that have a permission under subsection 162A(6) of the Act.
- EXDD military goods that are the property of Australian Government, for use overseas by the Australian Defence Forces.
|
15 | Container Number | For each line of goods being consigned by ship in an ISO container - the container number of the container in which the goods are packed. |
16 | Non-Containerised Identifier | For each line of goods being consigned by ship that are not packed into an ISO container - the booking reference or bill of lading reference. |
17 | Air Waybill Number | For air cargo, the Master Air Waybill number for the |
18 | Cargo ID Type | Whether the Cargo ID is an Air Waybill, Container Number or Non-Containerised ID. |
19 | Carrier Party ID | The ABN or CCID of the shipping company or slot charterer that is responsible for this line of cargo. Sea only |
20 | Vessel ID | Lloyds number or Customs vessel ID for the vessel the goods will be loaded onto. Sea only. |
21 | Voyage Number | The voyage number for the vessel that the goods will be loaded onto. Sea only |
Overview
The Customs Act 1901, amended by the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004, was enacted to modernise and streamline customs processes in Australia, enhancing efficiency and security in international trade. This legislative instrument, titled CEO Instrument of Approval No. 9 of 2004, was approved by Lionel Barrie Woodward, the Chief Executive Officer of Customs, under section 4A and subsection 114F(1A) of the Customs Act 1901. The primary objective is to facilitate the electronic communication to Customs of specific details when goods for export are delivered to a wharf or airport. This streamlined process aims to improve the accuracy and timeliness of customs reporting, thereby supporting the broader policy objective of efficient and secure international trade operations.
Scope and Application
The Customs Act 1901, as approved by the Chief Executive Officer of Customs through CEO Instrument of Approval No. 9 of 2004, applies to individuals, businesses, and entities involved in the export of goods from Australia, specifically those delivering goods to a wharf or airport for subsequent export. This legislation pertains to the electronic communication of particulars regarding exported goods to Customs, ensuring compliance with customs regulations. The scope of this Act is national, operating within the Commonwealth of Australia, and it provides a structured approach to the documentation and reporting of exported goods. The Act delineates specific information that must be included in the electronic communication to Customs, such as the sender reference, reporting party identifier, and details about the goods being exported, including their destination and mode of transport. This Act does not explicitly state any exclusions or exemptions, but it does detail specific codes and identifiers that must be used in the electronic communication, such as the Export Entry Exemption Code and the Cargo ID Type. The application of the Act can be further refined or extended through subordinate instruments, which may provide additional guidelines or clarifications on the required electronic communications.
Key Provisions
The Legislative Instrument F2006B11698 provides an approved statement for communicating electronically to Customs under the Customs Act 1901 (the Act) when goods for export are delivered to a wharf or airport. This approved statement, detailed in subsection 114F(1A) of the Act, specifies the information required to be sent electronically to Customs, including details such as the sender reference, reporting party identifier, and mode of transport (sections 1 to 5). The statement also outlines specific information required for air and sea transport, such as the Air Waybill number for air cargo and the vessel ID for sea cargo (sections 7 to 21).
The obligations imposed on the parties governed by this Act include the accurate and timely communication of the specified information to Customs. The reporting party, such as a cargo terminal operator, must ensure that the approved statement includes all necessary details, such as the sender reference, reporting party identifier, and any relevant exemptions or customs authority numbers (sections 3, 4, and 12 to 14). For air cargo, specific information such as the owner's name, goods description, and country of destination must also be provided if applicable (sections 8 to 11). For sea cargo, additional details like the vessel ID and voyage number are required (sections 20 and 21).
Breach of the requirements to provide accurate and timely information to Customs may result in various consequences. While specific penalties are not outlined in this legislative instrument, breaches of the Customs Act 1901 can lead to administrative penalties, fines, or even criminal charges, depending on the severity and intent of the breach. The maximum penalties for offences under the Customs Act can include substantial fines and imprisonment for serious offences, as outlined in other sections of the Act. Compliance with this legislative instrument is crucial to avoid these potential consequences.