Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, serves as the foundational legislation governing customs duties and the regulation of goods entering Australia. One of its provisions, Subsection 4A(1), defines an approved form as one that is formally sanctioned, in written form, by the Chief Executive Officer of Customs. The Act identifies several classes of goods exempt from formal import entry requirements, including accompanied personal or household effects of passengers arriving by ship or aircraft, as outlined in paragraphs 68(1)(d) to (i). However, under certain circumstances, owners of such goods must provide specific information as required by regulation. To facilitate this, CEO Instrument No. 13 of 2009 was introduced to approve the "Incoming passenger card" form as the designated format for providing necessary information, specifically in relation to the Spanish language, concerning imported goods that fall under the category of accompanied personal or household effects. This instrument updates the previously approved form by including references to prohibited items like pornography and additional geographical regions, enhancing border control efficacy and compliance with customs regulations.

Scope and Application

The CEO Instrument of Approval No. 13 of 2009 pertains to the Customs Act 1901, specifically addressing the approval of a form for use in providing information regarding the importation of personal or household effects of passengers arriving by ship or aircraft. This form, known as the "Incoming passenger card," is approved for use in the Spanish language to facilitate the communication of necessary information as stipulated under subsection 71AAAB(1) of the Act. The approved form is designed to assist in the interception of prohibited goods, such as pornography, and to ensure compliance with regulations concerning the reporting of bearer negotiable instruments. The instrument applies to individuals who are importing goods as accompanied personal or household effects and must provide the requisite information at the border, as outlined in the Customs Regulations 1926. This approval extends nationally across Australia, with the instrument itself becoming effective on the day following its registration on the Federal Register of Legislative Instruments. The instrument does not require consultation under the Legislative Instruments Act 2003 as it is considered minor and does not substantially change existing arrangements.

Key Provisions

The CEO Instrument of Approval No. 13 of 2009, issued under the Customs Act 1901, designates the "Incoming passenger card" form (No. 15 SPA, dated November 2009) as the approved form for Spanish-speaking passengers to provide information about their accompanied personal or household effects that are being imported into Australia. This form is used to comply with the requirements set out in subsection 71AAAB(1) of the Act. This subsection mandates that owners of such goods must provide specified information at the time and in the manner prescribed by the regulations. Regulation 41 of the Customs Regulations 1926 stipulates that this information must be submitted in an approved form or statement. The approved form now includes several updates to enhance border security and compliance, such as the inclusion of 'pornography' in Question 1 to make passengers aware that such items may be prohibited or subject to restrictions, a note in Question 5 warning passengers that they may be required to report bearer negotiable instruments, and the inclusion of Central America and the Caribbean in Question 11 to identify passengers potentially exposed to Yellow Fever. The obligations imposed by this Act and the approved form are primarily on incoming passengers carrying personal or household effects. They are required to complete the "Incoming passenger card" form accurately and provide truthful information about the goods they are importing. This includes declaring any items that may be prohibited or subject to restrictions, such as pornography, and being prepared to report bearer negotiable instruments if requested by a customs or police officer. The form also seeks to identify any potential health risks, such as exposure to Yellow Fever, by asking about recent travel to high-risk areas. Failure to comply with these requirements can result in delays, additional scrutiny, or even seizure of the goods in question. Breaches of the requirements to provide accurate and truthful information on the approved form can lead to several consequences. Under the Customs Act 1901, providing false information can be considered an offence, potentially leading to criminal charges. The severity of the offence and the corresponding penalties would depend on the nature and extent of the false information provided. The Act also provides for civil penalties for non-compliance with its requirements. The maximum penalties for offences under the Customs Act can include substantial fines and, in some cases, imprisonment. For instance, providing false information could attract a penalty of up to 5,000 penalty units, which, as of 2023, equates to AUD 1,050,000, or imprisonment for up to five years, or both, depending on the gravity of the offence. The Act also allows for the seizure of goods that are falsely declared or involved in non-compliance with import regulations.