EXPLANATORY STATEMENT

CEO Instrument of Approval No. 1 of 2012

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 (j) 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 a ship or aircraft are such a class of goods (paragraph 68(1)(d) refers).  Subsection 71AAAB(1) of the Act provides 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 specified in the regulations.

Regulation 41 of the Customs Regulations 1926 (the Regulations) provides that if a Collector requires information under subsection 71AAAB(1) of the Act, then it must be provided in an approved form or an approved statement.  In October 2009, the then Acting CEO approved the “Aircrew Declaration” form, for use by members of the crew of an aircraft to provide information about the crew members' accompanied personal or household effects.

Instrument

CEO Instrument of Approval No. 1 of 2012 approves the “Crew Declaration (B465 (May 2012))” 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 a ship or aircraft.

The main changes differences between the “Crew Declaration” and the "Aircrew Declaration" form are to:

a)        extend the operation of the form to include the crew signing off a ship;

b)        include the word ‘illegal’ immediately before the word 'pornography’ in Question 1 of the “Crew Declaration”.  The wording of the current form includes all pornography, both legal and illegal. By including an express reference to “illegal pornography” it is intended to clarify the type of pornography that must be declared.  This amendment complements amendments made to the Incoming Passenger Cards in 2010 in relation to the same issue;

c)        change Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012;

d)        make design modifications to the form, in particular to reduce the form to one page from its current two pages and to make the form consistent with the Incoming Passenger Cards with respect to both appearance and the phrasing of questions and wording used in the forms.

Consultation

No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 prior to the making of this instrument as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Human Rights

The Crew Declaration Form does not raise any human rights issues. Further detail set out in the Statement of Compatibility at Attachment A.

Commencement

The instrument commences on 1 September 2012.

ATTACHMENT A

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

CEO Instrument of Approval No. 1 of 2012

Overview of the Legislative Instrument

CEO Instrument of Approval No. 1 of 2012 approves the “Crew Declaration Form (B465 (May 2012)”.

The Crew Declaration Form is an approved form pursuant to section 4A(1) of the Customs Act 1901 and is required for the purposes of providing information under section 71AAAB of the Customs Act 1901 and regulation 41 of the Customs Regulations 1926 in relation to imported goods that are accompanied personal or household effects of a crew member of a ship or aircraft.

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Human Rights implications

The Crew Declaration Form potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights.  However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

The Crew Declaration requires the crew of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia.  This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law.  This law is precise and is reasonable in these circumstances.

The person from whom the information is collected is notified on the Crew Declaration Form the purposes for which the information is collected and that the collection of the personal information is authorised by law.  They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law.

The Crew Declaration Form also advises crew of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

Conclusion

This legislative instrument does not raise any human rights issues. 

Chief Executive Officer, Australian Customs and Border Protection Service