EXPLANATORY STATEMENT

CEO Instrument of Approval No. 92 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 71E of the Act provides that where goods, after their importation, will be subject to the control of Customs, application may be made to Customs for permission to move those goods, or goods of that kind, to a place specified in the application.

Under amendments made the section 71E by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (the ITM Act), if imported goods have been entered for home consumption or warehousing, the movement application may be made be made by the owner of the goods electronically or by document. 

Under section 71K of the Act, a documentary movement application must be in an approved form; must contain such information as the approved form requires; and must be signed in the manner indicated in the approved form.

CEO Instrument of Approval No. 92 of 2005 approves the “MOVEMENT PERMISSION APPLICATION (B370 Sept 05)” form as an approved form for the purposes of making, by document, an application for permission to move goods that are subject to Customs control.

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.