EXPLANATORY STATEMENT

CEO Instrument of Approval No. 95 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

Subsection 162A(2A) of the Act provides for the communication of information to Customs in relation to goods to be imported temporarily without payment of duty.  Paragraph 162AA(3)(a) provides that an application communicated by document for the purposes of subsection 162A(2A) must be in an approved form.

The CEO previously approved the “Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty” form (No. B46AA (MAY 2000)) form as the approved form for the purposes of communicating, by document, an application under subsection 162A(2A) of the Act to take delivery of goods temporarily imported without duty.

The CEO has approved a new form to reflect changes to the method of giving a security to Customs for the purposes of section 162A of the Act.  The new form also reflects changes to the Act by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (the ITM Act).  The new form reflects these changes through the following features:

• return of security can now be paid by electronic funds transfer, or by cheque;
• other minor changes due to the new payment method for securities;
• changes to account for minor terminology changes as a result of the ITM Act; and
• replacing the term ‘importer’ with the term ‘owner’ (to align with the wording of section 162A of the Act).

Additionally, a new agreement has been added to the list of agreements to which section 162A applies.

CEO Instrument of Approval No. 95 of 2005 revokes CEO Instrument of Approval No. 4 of 2001 which approved the “Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty” form (No. B46AA (MAY 2000)) form.  CEO Instrument of Approval No. 95 of 2005 also approves the “Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty, GST And LCT (Form 46AA (Sep/05))” form as the approved form for the purposes of communicating, by document, an application under subsection 162A(2A) of the Act to take delivery of goods temporarily imported without duty.

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 12 October 2005.