Customs Act 1901 - CEO Instrument of Approval No. 11 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01758 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 11 of 2012

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 (CEO).  Subsection 4A(2) of the Act provides that the instrument by which a form is approved by the CEO 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 2012 approves the "Incoming passenger card" form (No. 15 MLY (Design date 09/12)) as the approved form for the purposes of providing, in the Malay 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 change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

Consultation

Consultation was not required under section 17 of the Legislative Instruments Act 2003 as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

Commencement

The instrument commences on 1 September 2012.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 11 of 2012

 

 

This legislative instrument is 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.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 11 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the Malay 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

The Incoming Passenger Card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the Incoming Passenger Card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The Incoming Passenger Card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The Customs Act 1901 governs the administration of customs and border protection in Australia, establishing the framework for the regulation of imported and exported goods. CEO Instrument No. 11 of 2012, issued under the authority of the Customs Act, was introduced to address the need for updated documentation for incoming passengers to reflect changes in duty-free allowances. The instrument was enacted to approve a revised "Incoming passenger card" form, effective from 1 September 2012, to align with the new duty-free limits for tobacco products. The instrument was developed by the Chief Executive Officer of Customs and does not require parliamentary scrutiny as it is deemed minor and does not substantially alter existing arrangements. The policy objective is to ensure accurate and up-to-date information collection from passengers to facilitate the administration of relevant Australian laws.

Scope and Application

CEO Instrument No. 11 of 2012 under the Customs Act 1901 approves the "Incoming passenger card" form as the approved form for the purposes of providing information required under the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This form is specifically intended for use in the Malay language, ensuring that non-English speaking passengers can provide necessary information in their native language. The form has been updated to reflect changes in duty-free allowances, reducing the amount of tobacco products allowed from 250 cigarettes or 250g to 50 cigarettes or 50g, effective from 1 September 2012. The instrument applies to incoming passengers who are required to provide personal information, such as name, date of birth, passport number, and intended address in Australia, to comply with Australian Customs, quarantine, statistical, health, wildlife, and currency laws. The form's approval ensures that the information is provided in a manner and form specified in the regulations, thus maintaining compliance with Australian laws. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements.

Key Provisions

The CEO Instrument of Approval No. 11 of 2012, pursuant to the Customs Act 1901, introduces the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for providing, in the Malay 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. This legislative instrument serves to replace the previously approved form to reflect the reduced duty-free concession amount for tobacco products from 250 cigarettes or 250 grams to 50 cigarettes or 50 grams, effective from 1 September 2012. The form requires passengers to provide personal information, including name, date of birth, passport number, and intended address in Australia, to administer various Australian laws such as Customs, quarantine, statistical, health, wildlife, and currency laws. The form also notifies passengers about the authorised collection of personal information and the agencies to which this information may be disclosed. Under the Customs Act 1901, the obligations imposed on parties and entities include providing the necessary information in the approved form when importing accompanied personal or household effects. This requirement is particularly relevant for passengers entering Australia by ship or aircraft. The approved form ensures that the information collected is authorised by law and serves specific administrative purposes. Additionally, passengers must adhere to the specified timelines and methods for providing this information as outlined in the relevant regulations. The form also informs passengers of the availability of additional resources, such as the leaflet "Safeguarding your personal information," which provides further details about their rights concerning the collection and use of personal information. Failure to comply with the requirements set forth in the CEO Instrument of Approval No. 11 of 2012 could result in legal consequences, although the specific penalties are not detailed in the explanatory statement. Generally, under the Customs Act 1901, breaches of the Act's provisions can lead to civil or criminal penalties, depending on the severity of the offence. For instance, penalties can include fines and, in some cases, imprisonment. The exact penalties would be determined by the courts based on the circumstances of the breach. It is important to note that the collection and use of personal information are protected under Australian law, and the instrument does not seek to disapply any existing protections, ensuring that the rights of individuals are safeguarded.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.