Federal Register of Legislation - Australian Government

Primary content

No. 1 of 2009 Approvals as made
This instrument approves places for the examination of international mail for the purposes of Division 1 of Part XII of the Customs Act 1901.
Administered by: Home Affairs
Registered 29 Jul 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009
Date of repeal 01 Oct 2019
Repealed by Comptroller-General of Customs (International Mail Centres) Approval 2019

EXPLANATORY STATEMENT

CEO Instrument of Approval No. 1 of 2009

Customs Act 1901

Background

Division 1 of Part XII of the Customs Act 1901 (the Act) relates to the powers of Customs officers, including the power to seize special forfeited goods (see section 203B of the Act) or impound dutiable goods (see section 209 of the Act) found at a Customs place. For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Act defines ‘Customs place’ to include, among other places, ‘a place that is approved, in writing, by the CEO as a place for the examination of international mail’ (see paragraph (f) of the definition).

Under subsection 183UA(2) of the Act, an instrument of approval of a place as a place for the examination of international mail 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, such instruments of approval are legislative instruments.

Purpose of Instrument

CEO Instrument of Approval No. 7 of 2006 approved a number of international mail centres as places for the examination of international mail under paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.  As a number of the international mail centres approved by CEO Instrument of Approval No. 7 of 2006 are no longer used for the examination of international mail, CEO Instrument of Approval No. 1 of 2009 revokes CEO Instrument of Approval No. 7 of 2006 and approves, under paragraph (f) of the definition of 'Customs place' in subsection 183UA(1) of the Act, the places described in the schedule to be places for the examination of international mail. 

The approval of the specified international mail centres under subsection 183UA(1) of the Act allows Customs officers to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during their examination of international mail.

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 on the Federal Register of Legislative Instruments.