EXPLANATORY STATEMENT
CEO Instrument of Approval No. 12 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. 12 of 2009 approves the "Incoming passenger card" form (No. 15 MLY (Design date 11/09)) 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 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 Australian Parliament, provides a framework for the regulation of customs and excise in Australia, including the administration of import and export goods. To address specific operational needs and ensure compliance with customs regulations, the Act allows for the approval of certain forms used in the customs process. CEO Instrument No. 12 of 2009, issued under the authority of the Customs Act 1901, aims to update the "Incoming passenger card" form to enhance border security and compliance with customs regulations. This instrument, which does not require consultation as it is considered minor and of a machinery nature, updates the form to include references to prohibited items such as pornography, and adds warnings and geographical references relevant to customs reporting and health screening, such as the requirement to report bearer negotiable instruments and exposure to Yellow Fever. The instrument comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.
Scope and Application
The CEO Instrument of Approval No. 12 of 2009 pertains to the Customs Act 1901 and establishes the "Incoming passenger card" form, number 15 MLY (Design date 11/09), as the approved form for providing information in the Malay language under subsection 71AAAB(1) of the Act, concerning imported goods that constitute accompanied personal or household effects of passengers arriving via ship or aircraft. This instrument applies to the owner of such goods who must supply specific information at the designated time, manner, and form, as outlined in the regulations. The approved form replaces the previous "Incoming passenger card" form with several updates, including a reference to 'pornography' in Question 1 to increase awareness of prohibited imports, a warning note in Question 5 regarding the potential requirement to report bearer negotiable instruments, and the inclusion of Central America and the Caribbean in Question 11 for Yellow Fever exposure identification. The instrument has a national reach within Australia and is effective from the day it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument of Approval No. 12 of 2009, under the Customs Act 1901, provides the legal framework for the "Incoming passenger card" form, which must be used for the purpose of providing information in the Malay language regarding goods that are accompanied personal or household effects of a passenger of a ship or an aircraft (subsection 71AAAB(1) of the Act). This form is crucial for ensuring that passengers are aware of the import requirements and restrictions, including the specific mention of 'pornography' in Question 1, and the warning note about reporting travellers cheques, money orders, or other bearer negotiable instruments in Question 5. Furthermore, Question 11 has been updated to include Central America and the Caribbean to identify potential exposure to Yellow Fever.
Entities and individuals governed by this Act are required to comply with the provisions outlined in the approved form. This includes the obligation to provide information as specified in the regulations, at the time and in the manner prescribed. The form must be filled out accurately and completely, with specific attention to the details mentioned in the new sections. For example, passengers must declare any prohibited items such as pornography and be prepared to report certain financial instruments if requested by customs or police officers.
Failure to comply with the requirements set forth in the Act and the approved form may result in legal consequences. Although the Explanatory Statement does not explicitly detail the penalties for non-compliance, under the Customs Act 1901, breaches of the Act can lead to significant fines and potential criminal charges. The specific penalties depend on the nature and severity of the breach, but they can include substantial fines and imprisonment. It is essential for all parties involved to adhere strictly to the requirements to avoid any legal repercussions.