Overview

CEO Instrument No. 10 of 2012 was enacted under the Customs Act 1901 to address the need for an updated form to collect information from passengers entering Australia by ship or aircraft. The instrument, approved by the Chief Executive Officer of Customs, updates the "Incoming passenger card" form to reflect a reduction in the duty-free allowance for tobacco products, which took effect on 1 September 2012. The instrument was issued without the need for consultation as it did not substantially alter existing arrangements. It is compatible with human rights as it does not raise any issues and ensures that the collection and disclosure of personal information by passengers are authorised by law and subject to existing protections.

Scope and Application

CEO Instrument No. 10 of 2012 under the Customs Act 1901 is specifically designed to approve a form for providing information regarding imported goods that are accompanied personal or household effects of a passenger arriving in Australia by ship or aircraft. This legislative instrument applies to passengers who are required to declare their personal effects upon entry into Australia, which are exempt from formal import entry requirements but must still comply with certain notification obligations. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, was approved by the Chief Executive Officer of Customs and modifies the "Incoming passenger card" form to reflect a reduction in duty-free allowances for tobacco products, effective from 1 September 2012. This change does not substantially alter existing arrangements and therefore did not require consultation under section 17 of the Legislative Instruments Act 2003. The approved form is intended for use in the Korean language and is used to collect information as required under the Customs Act 1901 in relation to these imported goods. The instrument ensures that the information provided is in the approved form and manner specified by the Customs Regulations 1926. Additionally, the instrument is compatible with human rights as it does not engage, impact on, or limit in any way the right to privacy, given that the collection and use of personal information are authorised by law and subject to existing protections.

Key Provisions

The CEO Instrument of Approval No. 10 of 2012 under the Customs Act 1901 (section 4A) approves the "Incoming passenger card" form (No. 15 KOR (Design date 09/12)) as the approved form for providing, in the Korean language, information required under subsection 71AAAB(1) of the Act regarding imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft (subsection 4A(1)). This instrument is a legislative instrument and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (subsection 4A(2)). The instrument updates Question 2 to reflect the reduction of the duty-free concession amount for tobacco products from 250 cigarettes or 250g to 50 cigarettes or 50g, effective from 1 September 2012. The obligations imposed by this Act require the owner of imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft to provide the information specified in the regulations at the time and in the manner and form specified in the regulations (subsection 71AAAB(1)). If a Collector requires information under this subsection, it must be provided in an approved form or an approved statement (regulation 41 of the Customs Regulations 1926). The approved form, the "Incoming passenger card," must be used for this purpose, ensuring compliance with the requirements outlined in the Customs Act 1901. Failure to comply with the requirements to provide information in the approved form may result in civil or criminal consequences. The Act does not specify a maximum penalty for non-compliance in this context, but general provisions in the Customs Act 1901 provide for fines and imprisonment for offences related to customs and border protection. The collection and use of personal information on the Incoming Passenger Card are authorised by law, and the card must notify passengers of the purposes for which their information is collected and the agencies to whom it will be disclosed. The information is used to administer various Australian laws, including Customs, quarantine, statistical, health, wildlife, and currency laws. The collection of personal information is protected under Australian law, and this instrument does not seek to disapply any of the existing protections. This legislative instrument has been reviewed for compatibility with human rights and is considered to be 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. The Incoming Passenger Card does not engage, impact on, or limit in any way the right to privacy, as the collection of personal information is authorised by law and passengers are notified of the purposes and agencies involved in its use. The card also provides information about the availability of further details regarding personal information rights.