Overview

CEO Instrument No. 13 of 2012, made under the Customs Act 1901, was enacted to address a need for an updated "Incoming passenger card" form in light of a change in the duty-free allowance for tobacco products. This instrument, approved by the Chief Executive Officer of Customs, reflects the reduction of the duty-free concession amount from 250 grams of tobacco products to 50 cigarettes or 50 grams of tobacco products, effective from 1 September 2012. The instrument replaces the previous form to ensure compliance with the updated regulations. The legislative instrument was not subject to mandatory consultation as it is considered minor and does not significantly alter existing arrangements. The instrument is compatible with human rights, particularly the right to privacy, as the collection of personal information is authorised by law, and passengers are informed of the purposes and lawful basis for the collection, as well as the agencies to which the information may be disclosed.

Scope and Application

CEO Instrument No. 13 of 2012, an instrument of the Customs Act 1901, applies to individuals and entities involved in the importation of personal or household effects by passengers arriving in Australia via ships or aircraft. The instrument specifically governs the form and procedure for providing information required under subsection 71AAAB(1) of the Customs Act concerning these imported goods. The instrument, approved by the Chief Executive Officer of Customs, specifies that the "Incoming passenger card" form, updated to reflect changes in duty-free allowances for tobacco products, is the approved format for collecting necessary information from passengers. This form is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The instrument's application is limited to Australia and does not require consultation as it is considered a minor change under section 17 of the Legislative Instruments Act 2003. The instrument commenced on 1 September 2012 and aligns with human rights standards, as it does not engage with or limit any human rights, including privacy rights under Article 17 of the International Covenant on Civil and Political Rights.

Key Provisions

The CEO Instrument of Approval No. 13 of 2012 (the Instrument) pertains to the Customs Act 1901 (the Act) and specifically addresses the requirements for the approval of forms under subsection 4A(1) of the Act (section 4A(1)). This instrument designates the "Incoming passenger card" form (No. 15 (Design date 09/12)) as the approved form for providing information about imported goods that are accompanied personal or household effects of a passenger of a ship or an aircraft. This form must be used in accordance with the regulations specified in subsection 71AAAB(1) of the Act (subsection 71AAAB(1)). Regulation 41 of the Customs Regulations 1926 stipulates that the required information must be provided in an approved form or an approved statement. The Instrument imposes several obligations on the parties involved. Firstly, it mandates that passengers must provide certain information about their imported goods in the approved form, specifically in the English language. This information includes details about the goods, such as the type, quantity, and value, as well as personal details of the passenger such as their name, date of birth, passport number, and intended address in Australia. These obligations are essential for the administration of Customs, quarantine, statistical, health, wildlife, and currency laws in Australia. The information collected must be used solely for these authorised purposes and must be disclosed only to the relevant agencies. There are consequences for non-compliance with the requirements of the Instrument. While the Explanatory Statement does not detail specific offences or penalties, breaches of the Customs Act 1901 or the Customs Regulations 1926 could lead to civil or criminal penalties. For instance, under section 162 of the Customs Act 1901, a person who contravenes the Act may be liable for a penalty, the amount of which can be substantial, depending on the nature and seriousness of the offence. Additionally, section 165 of the Act allows for the imposition of fines or imprisonment for certain offences. It is also worth noting that failure to comply with the requirements of the Instrument could result in the refusal of entry for the passenger or their goods, or other administrative actions taken by the Australian Customs and Border Protection Service. The Instrument does not engage, impact on, or limit the right to privacy as outlined in Article 17 of the International Covenant on Civil and Political Rights. The collection of personal information is authorised by law and is necessary for the administration of Australian laws. Passengers are informed about the purposes for which their information is collected and the agencies to whom it will be disclosed. They are also notified of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights. The collection of personal information is protected under Australian law, and this Instrument does not seek to disapply any of the existing protections.