EXPLANATORY STATEMENT
CEO Instrument of Approval No. 14 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. 14 of 2009 approves the "Incoming passenger card" form (No. 15 THA (Design date 11/09)) as the approved form for the purposes of providing, in the Thai 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.