EXPLANATORY STATEMENT
CEO Instrument of Approval No. 11 of 2009
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 (i) 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 passenger of a ship or an aircraft are such a class of goods (paragraph 68(1)(d) refers). Despite being exempt from formal import entry requirements, subsection 71AAAB(1) of the Act provides that the owner of such goods must, in the circumstances specified in the regulations, provide, under section 71, the information specified in the regulations at the time and in the manner and form specified in the regulations.
Regulation 41 of the Customs Regulations 1926 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.
Instrument
CEO Instrument No. 11 of 2009 approves the "Incoming passenger card" form (No. 15 KOR (Design date 11/09)) as the approved form for the purposes of providing, in the Korean language, information required under subsection 71AAAB(1) of the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft.
The main changes from the previously approved "Incoming passenger card" form include:
a) the inclusion in Question 1 of 'pornography' as a good that may be prohibited or subject to restrictions. Including an express reference to 'pornography' is intended to enhance the interception of prohibited pornography at the border by making passengers aware that pornography may be a prohibited import;
b) the inclusion, at the end of Question 5, of a Note which warns passengers that they may be required to report travellers cheques, money orders or other bearer negotiable instruments of any amount if asked to do so by a customs or police officer; and
c) the inclusion of Central America and the Caribbean in Question 11. Question 11 relates to identifying passengers who may have been exposed to Yellow Fever.
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.
Overview
The Customs Act 1901, enacted by the Parliament of Australia, provides the framework for the regulation of customs and excise in Australia. The CEO Instrument No. 11 of 2009 is an instrument made under the Customs Act 1901 to address the need for an approved form for incoming passengers to declare information about their accompanied personal or household effects when entering Australia. This instrument aims to ensure that passengers are aware of the requirements and restrictions concerning the importation of certain goods, such as pornography, and to provide a mechanism for reporting bearer negotiable instruments if requested by customs or police officers. Additionally, the instrument seeks to enhance the identification of passengers who may have been exposed to Yellow Fever by including Central America and the Caribbean in the list of regions in Question 11 of the approved form. The instrument was made without consultation as it is considered to be of a minor or machinery nature and does not substantially alter existing arrangements.
Scope and Application
The CEO Instrument No. 11 of 2009, approved under subsection 4A(1) of the Customs Act 1901, establishes the "Incoming passenger card" form (No. 15 KOR) as the approved format for providing information in the Korean language, as required under subsection 71AAAB(1) of the Act, concerning imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This applies to passengers who are entering Australia and carrying such goods. The instrument adheres to the regulatory framework set by Regulation 41 of the Customs Regulations 1926, which mandates that information must be submitted in an approved form or statement when requested by a Collector. The scope of the legislation extends to Commonwealth jurisdiction, ensuring uniformity in customs procedures across Australia. This instrument does not introduce new exclusions but refines the existing requirements to improve border security and compliance, particularly by explicitly addressing the prohibition and restriction of pornography and enhancing awareness regarding the reporting of financial instruments and potential exposure to Yellow Fever. The instrument becomes effective on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The F2009L03871 instrument, under the Customs Act 1901, specifies the "Incoming passenger card" form as the approved means for providing information about imported goods that are personal or household effects of a passenger arriving by ship or aircraft (section 4A(1)). This form is intended to be used when providing information in the Korean language, as specified under subsection 71AAAB(1) of the Act (subsection 71AAAB(1)). This requirement is enforced by Regulation 41 of the Customs Regulations 1926, which mandates that the information must be given in an approved form or statement when requested by a Collector.
This legislation imposes several obligations on the parties involved. The owner of the imported goods must provide the required information as stipulated in the regulations at the specified time, manner, and form (subsection 71AAAB(1)). The approved form, which is the "Incoming passenger card," must be filled out accurately and completely to comply with these requirements. The form also serves to inform passengers about certain prohibited items, such as pornography, and potential reporting requirements for bearer negotiable instruments, as well as regions of interest for Yellow Fever exposure (subsection 71AAAB(1) and Regulation 41).
Failure to comply with the provisions of this Act and its regulations could result in various legal consequences. While the explanatory statement does not explicitly mention specific penalties, non-compliance with customs regulations generally could lead to civil or criminal penalties under the Customs Act 1901. Such penalties may include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach.