Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, governs the regulation of customs and excise in Australia. This legislation addresses various aspects of customs and border control, including the management of import and export activities. The Customs Regulations 1926 further refine the procedures and requirements outlined in the Customs Act. CEO Instrument of Approval No. 11 of 2010 was introduced to address a specific gap in the clarity of the required declaration of certain imported goods. The instrument approves the "Incoming passenger card" form, which is used for providing information in the Japanese language about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The key change from the previous version of the form is the inclusion of the word 'illegal' before 'pornography' in Question 1, aiming to clarify the type of pornography that must be declared. This minor adjustment was made following consultations with relevant stakeholders, including the Classification Operations Branch of the Attorney-General’s Department and an association representing the Australian adult retailers and entertainment industry.

Scope and Application

The Customs Act 1901, under subsection 4A(1), defines an approved form as one that is approved in writing by the Chief Executive Officer of Customs, and these forms are considered legislative instruments under the Legislative Instruments Act 2003. Specifically, CEO Instrument No. 11 of 2010 approves the "Incoming passenger card" form for use in providing information in the Japanese language about accompanied personal or household effects of a passenger entering Australia. This form is required when such goods, which are exempt from formal entry requirements, must be declared under subsection 71AAAB(1) of the Act. The form is intended for use by individuals bringing personal or household effects into Australia as passengers on a ship or aircraft and is subject to regulation 41 of the Customs Regulations 1926, which specifies the circumstances under which the form must be used. The amendment to the form, as detailed in the instrument, includes the addition of the word 'illegal' before 'pornography' in Question 1, aiming to clarify the type of pornography that needs to be declared. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements, though it does involve consultation with relevant stakeholders such as the Classification Operations Branch of the Attorney-General’s Department and representatives from the Australian adult retailers and entertainment industry. The instrument comes into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The CEO Instrument No. 11 of 2010, approved under the Customs Act 1901, specifies the "Incoming passenger card" form (No. 15 JAP (Design date 11/10)) as the approved form for providing information in Japanese about imported goods that are the accompanied personal or household effects of a passenger of a ship or aircraft. This form is designed to meet the requirements outlined in subsection 71AAAB(1) of the Act, which mandates that owners of such goods provide specified information when importing these goods. This requirement is detailed in regulation 41 of the Customs Regulations 1926, which stipulates that the information must be provided in an approved form or an approved statement. The primary change introduced by this instrument is the inclusion of the word ‘illegal’ immediately before ‘pornography’ in Question 1 of the form. This amendment aims to clarify the type of pornography that must be declared. This alteration ensures that only illegal pornography must be reported, thereby differentiating it from other forms of content. The form, as approved, serves as a crucial tool for compliance with customs regulations regarding the declaration of such items. Entities and individuals governed by the Customs Act 1901 are obligated to use this approved form when providing the required information about accompanied personal or household effects of passengers arriving by ship or aircraft. This requirement ensures that all necessary declarations are made in a standardised and approved format, facilitating accurate record-keeping and compliance with customs regulations. The obligation extends to ensuring that the information provided is truthful and complete, as mandated by the Act and the associated regulations. Failure to comply with the requirements set out in the Customs Act 1901 and the Customs Regulations 1926 can result in civil or criminal penalties. While the specific consequences for non-compliance are not detailed in the explanatory statement, breaches of customs regulations can typically lead to fines, seizure of goods, and potential criminal charges. The severity of penalties can vary based on the nature and extent of the breach, with more significant infractions potentially resulting in higher fines and longer-term legal repercussions.