EXPLANATORY STATEMENT
CEO Instrument of Approval No. 94 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 68 of the Act provides that goods that are imported into Australia and goods that are intended to be imported into Australia must be entered for home consumption or warehousing. Prior to 19 July 2005, an entry for home consumption or warehousing was made under section 71A of the Act as an import entry.
On 19 July 2005, section 71A was repealed by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (the ITM Act) and replaced with three new provisions. An entry for home consumption is now made under section 71A of the Act (as an import declaration) or under section 71DB of the Act (as a request for cargo release). An entry for warehousing is made under section 71DH of the Act (as a warehouse declaration).
Under new section 71D of the Act, if a person making an import declaration does not have the information to complete the declaration, application can be made for permission to examine the goods in the presence of an officer of Customs. Under new section 71DK of the Act, a similar application can be made in respect of a warehouse declaration. New sections 71D and 71DK replace section 71C of the Act, which was repealed by the ITM Act, under which the application for permission to examine the goods was previously made.
Under section 71K of the Act, a documentary application for these permissions must be in an approved form. Under section 71K, the CEO has previously approved the form for applying for permission to examine goods in the presence of an officer of Customs.
However, as a consequence of the repeal of section 71C, the CEO has approved a new form for making a documentary application for permission to examine the goods under new sections 71D and 71DK of the Act.
CEO Instrument of Approval No. 94 of 2005 approves the “Visual Examination Application (B637 JUN/05)” form as an approved form for the purposes of making, by document, an application for permission to examine goods in the presence of an officer of Customs.
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.