Overview

The Customs Act 1901, enacted by the Parliament of Australia, governs the regulation of imports and exports across the nation. A notable gap in the Act pertained to the need for a standardised form to collect necessary information from passengers regarding accompanied personal or household effects, which are exempt from formal import entry requirements but still subject to information disclosure obligations. To address this, CEO Instrument No. 10 of 2009 was introduced, providing an approved form for the collection of such information, specifically the "Incoming passenger card" form in the Japanese language. This instrument was designed to streamline the process of gathering crucial data from passengers and enhance border security by making passengers aware of potential restrictions, such as the prohibition of pornography, and to include additional regions in health-related queries about Yellow Fever exposure. The instrument was enacted without consultation due to its minor nature and does not substantially alter existing arrangements. It came into effect on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Customs Act 1901, which governs the importation and exportation of goods in Australia, has been supplemented by CEO Instrument No. 10 of 2009 to standardise the form used for providing information about accompanied personal or household effects of passengers. This instrument applies to individuals who import such goods, making them liable for providing specific information as stipulated by the regulations. The scope of the Act, in this instance, is specifically tailored to passengers bringing in their personal belongings via ships or aircraft into Australia, which are exempt from formal entry requirements but still subject to information disclosure mandates. The instrument is national in reach, applying across the Commonwealth of Australia, and is not limited by state or territory boundaries. It does not introduce new exclusions or exemptions beyond those already established under the Customs Act 1901 but refines the process of information collection by mandating the use of an approved form. This instrument extends the application of the Customs Act 1901 by specifying the approved form for providing information on prohibited goods, including pornography, and by clarifying reporting requirements for certain financial instruments, thereby ensuring compliance with existing legislative frameworks.

Key Provisions

The Customs Act 1901 (the Act) defines an approved form as one that is approved by the Chief Executive Officer of Customs in writing (section 4A(1)). This approval is a disallowable instrument under the Acts Interpretation Act 1901 (section 46A). Approved forms are considered legislative instruments under the Legislative Instruments Act 2003. The Act exempts certain classes of goods from formal import entry requirements, such as accompanied personal or household effects of a passenger of a ship or an aircraft (paragraph 68(1)(d)). However, the owner of such goods must provide specific information as per the regulations, at the time, and in the manner and form specified (subsection 71AAAB(1)). Regulation 41 of the Customs Regulations 1926 mandates that this information must be provided in an approved form or statement when required by a Collector. CEO Instrument No. 10 of 2009 specifically approves the "Incoming passenger card" form (No. 15 JAP, Design date 11/09) for providing, in the Japanese language, information required under subsection 71AAAB(1) of the Act. The form is intended for goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The recent changes to the form include the addition of 'pornography' in Question 1 to highlight its potential as a prohibited import, a note in Question 5 warning passengers about the possible requirement to report bearer negotiable instruments, and the inclusion of Central America and the Caribbean in Question 11 to identify passengers who may have been exposed to Yellow Fever. The obligations imposed by this legislation on the parties it governs include the requirement for owners of certain imported goods to provide the specified information in the approved form when requested by a Collector. The approved form must be used to inform passengers about the potential restrictions and prohibitions on certain items, such as pornography, and to warn them of the requirement to report bearer negotiable instruments if asked by a customs or police officer. Additionally, the form assists in identifying passengers who may have been exposed to Yellow Fever. Breach of the requirements to provide information in the approved form could lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is implied that non-compliance with the Act's provisions could result in penalties as prescribed by the Act. The instrument, being a disallowable instrument, allows for parliamentary scrutiny, and failure to adhere to its provisions could lead to enforcement actions by Customs officials.