EXPLANATORY STATEMENT
CEO Instrument of Approval No. 97 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
Paragraphs 68(1)(d) to (i) of the Act list certain classes of goods which, if imported into Australia, are not required to be entered. Goods that are the accompanied personal or household effects of a member of the crew of an aircraft are such a class of goods (paragraph 68(1)(d) refers). Prior to 19 July 2005, subsection 71(1) of the Act provided that the owner of such goods “must, in any circumstances specified in the regulations, provide such information, at such time, and in such manner and form as the regulations specify...”.
On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The requirement on a crew member to provide information about their accompanied personal or household effects is now contained in new section 71AAAB of the Act.
Regulation 41 of the Customs Regulations 1926 (the Regulations) has been amended as a consequence of the enactment of new section 71AAAB and provides that if a Collector requires information under section 71AAAB of the Act, then it must be provided in an approved form or an approved statement. Under regulation 41, the CEO has previously approved, for the purposes of section 71 of the Act, the “Aircrew declaration” form, which is used by members of the crew of an aircraft to provide information about the crew members accompanied personal or household effects.
The CEO has now approved the same “Aircrew declaration” form for the purposes of new section 71AAAB of the Act, which will be used by members of the crew of an aircraft to provide information about the crew members accompanied personal or household effects.
CEO Instrument of Approval No. 97 of 2005 approves the “Aircrew Declaration (B465 (Sept 2005))” form as an approved form for the purpose of providing information required under section 71AAAB of the Act and regulation 41 of the Regulations in relation to imported goods that are accompanied personal or household effects of a crew member of an aircraft.
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.
Overview
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to modernise and streamline Australia's customs processes, particularly in the context of international trade. This Act, administered by the Parliament of Australia, was introduced to address inefficiencies and outdated practices within the existing customs framework. One of its key objectives was to simplify and update the procedures for handling accompanied personal or household effects of aircraft crew members, thereby facilitating smoother and more efficient customs clearance processes. In line with this objective, the Act repealed and replaced section 71 of the Customs Act 1901 with new provisions, including section 71AAAB, which mandates that information regarding these effects be provided in an approved form. The Chief Executive Officer Instrument of Approval No. 97 of 2005 subsequently approved the "Aircrew Declaration (B465 (Sept 2005))" form to be used for this purpose, ensuring compliance with the updated regulatory requirements.
Scope and Application
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, as amended by the CEO Instrument of Approval No. 97 of 2005, applies to crew members of aircraft entering Australia with personal or household effects. The Act requires these crew members to provide specific information regarding their accompanied goods. This requirement is operationalised through Regulation 41 of the Customs Regulations 1926, which mandates the use of an approved form for the submission of such information. The CEO Instrument of Approval No. 97 of 2005 specifically approves the "Aircrew Declaration (B465 (Sept 2005))" form for this purpose, ensuring that the process for declaring these goods remains consistent and compliant with current legislative requirements. The instrument applies nationally across Australia, and its scope is limited to the specific context of aircraft crew members and their personal or household effects. The approval of this form is a minor administrative change, and no consultation was deemed necessary under section 17 of the Legislative Instruments Act 2003. The instrument's commencement is effective from the day after its registration.
Key Provisions
The main operative sections of this legislation, F2005L02982, focus on the approval and use of a specific form for reporting accompanied personal or household effects of aircraft crew members. According to section 4A of the Customs Act 1901, an approved form is one that has been formally endorsed by the Chief Executive Officer of Customs. This particular instrument of approval, CEO Instrument of Approval No. 97 of 2005, serves to approve the "Aircrew Declaration (B465 (Sept 2005))" form for the purpose of section 71AAAB of the Customs Act 1901 and regulation 41 of the Customs Regulations 1926. This form is designed to be used by crew members to provide the necessary information about their accompanied personal or household effects when these goods are imported into Australia.
The obligations imposed by this Act on the relevant parties primarily concern the use of the approved "Aircrew Declaration" form. Crew members of aircraft are now required to use this specific form to declare their personal or household effects when entering Australia. This requirement is to ensure compliance with the new section 71AAAB of the Customs Act 1901, which was introduced as a replacement for the repealed subsection 71(1). The approved form must be used in accordance with the provisions set forth in regulation 41 of the Customs Regulations 1926, which specifies the manner and timing for providing this information.
Breaches of the requirements outlined in this legislation may have certain legal consequences. Although the explanatory statement does not detail specific offences or penalties, it is understood that failure to comply with the Customs Act 1901 and the Customs Regulations 1926 could result in civil or criminal penalties. These penalties may vary depending on the nature and severity of the breach but could include fines or other enforcement actions as prescribed by the relevant laws. It is important for crew members and relevant authorities to adhere to these regulations to avoid any potential legal repercussions.