Overview

The Customs Act 1901, enacted by the Parliament of Australia, governs the regulation of imports and exports, and includes provisions for approved forms to be used for various customs-related purposes. Specifically, CEO Instrument No. 10 of 2010 was introduced to address the need for clarity regarding the type of pornography that must be declared under the Act when imported as personal or household effects of a passenger. This instrument, approved by the Chief Executive Officer of Customs, updates the "Incoming passenger card" form to explicitly require the declaration of 'illegal pornography,' thus refining the existing requirements and ensuring that only illegal materials are subject to declaration. The instrument was deemed not to require consultation as it was of a minor nature, but discussions were held with relevant stakeholders to reach a consensus on the wording changes. The instrument takes effect from the day it is registered on the Federal Register of Legislative Instruments.

Scope and Application

The CEO Instrument of Approval No. 10 of 2010, under the Customs Act 1901, pertains to the approval of a specific form, namely the "Incoming passenger card," for the declaration of accompanied personal or household effects brought into Australia by passengers of ships or aircraft. This instrument applies to individuals who import such goods and are required to provide specific information as outlined in the Customs Regulations 1926. The approved form, now including a reference to "illegal pornography," must be used to declare these items, thereby ensuring clarity on what constitutes the type of pornography that must be declared. The scope of this legislation extends to Commonwealth jurisdiction, applying across all states and territories of Australia. No exclusions or exemptions are explicitly stated in this particular instrument, though it builds upon the broader regulatory framework set out in the Customs Act 1901 and associated regulations. The instrument is considered minor and does not require formal consultation beyond internal and stakeholder discussions, as noted in the Explanatory Statement.

Key Provisions

The key provision of CEO Instrument No. 10 of 2010, under the Customs Act 1901, is the approval of the "Incoming passenger card" form as an approved form for providing information in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This form is specifically approved for the Italian language (subsection 4A(1) and (2) of the Act). The approved form is designated as form No. 15 ITA (Design date 11/10) and is intended to be used to declare goods under subsection 71AAAB(1) of the Act. The primary change in the form is the inclusion of the word ‘illegal’ immediately before the word ‘pornography’ in Question 1, clarifying the type of pornography that must be declared. This Act imposes certain obligations on the parties or entities it governs. Owners of imported goods, specifically accompanied personal or household effects of a passenger, are required to provide specified information at the time and in the manner and form prescribed by the regulations (subsection 71AAAB(1) of the Act). This information must be provided using the approved form or an approved statement, as outlined in regulation 41 of the Customs Regulations 1926. The approved form, being an approved form under the Act, must be used when a Collector requests the information under the Act. Breach of the requirements to provide information as specified by the Customs Act 1901 and the Customs Regulations 1926 may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is implied that failure to comply with the Act and the regulations could lead to penalties under the Customs Act 1901. The approved form serves to ensure that the information provided is in a prescribed format, thereby facilitating compliance and potentially avoiding penalties associated with non-compliance.