Overview

The Customs Act 1901 was amended by CEO Instrument No. 14 of 2009 to address a specific gap in the reporting requirements for passengers bringing accompanied personal or household effects into Australia. This gap concerns the need for an approved form to collect necessary information from passengers regarding their imports. The instrument was enacted by the Chief Executive Officer of Customs under the authority of the Customs Act 1901 and the Legislative Instruments Act 2003, and it serves as a legislative instrument. The primary policy objective behind the instrument is to enhance border security and compliance by ensuring that passengers are made aware of prohibited items, such as pornography, and are informed about their obligations to report certain financial instruments if requested by customs or police officers. Additionally, the inclusion of Central America and the Caribbean in the form aims to improve the identification of passengers who may have been exposed to Yellow Fever, thereby facilitating public health measures.

Scope and Application

The CEO Instrument of Approval No. 14 of 2009, which is governed under the Customs Act 1901 and the Legislative Instruments Act 2003, establishes the "Incoming passenger card" form (No. 15 THA (Design date 11/09)) as the approved form for passengers bringing accompanied personal or household effects into Australia from a ship or aircraft, specifically for the purpose of providing information in the Thai language about such goods as required by the Customs Act. This instrument applies to all passengers entering Australia with personal or household effects who are required to provide information under subsection 71AAAB(1) of the Customs Act. The geographic reach of this instrument is national, as it applies across Australia, and it extends its application through subordinate instruments as specified by the Customs Regulations 1926. There are no exclusions or exemptions stated within this particular instrument; however, it should be noted that the form itself is a legislative instrument as defined by the Legislative Instruments Act 2003. The instrument was not subject to consultation as it is considered to be of a minor or machinery nature and does not substantially alter existing arrangements. The instrument comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The CEO Instrument No. 14 of 2009, under the Customs Act 1901, focuses on the approval of a specific form, namely the "Incoming passenger card" form (No. 15 THA), to be used for providing information related to certain imported goods. This form is approved for use in the Thai language and is intended for the declaration of accompanied personal or household effects of passengers arriving by ship or aircraft. According to section 4A(1) of the Customs Act 1901, an approved form must be approved in writing by the Chief Executive Officer of Customs. This instrument, being a disallowable instrument under section 46A of the Acts Interpretation Act 1901, was made without consultation as it is considered minor and does not significantly alter existing arrangements. It became effective on the day following its registration on the Federal Register of Legislative Instruments. The obligations imposed by this legislation primarily revolve around the use of the approved "Incoming passenger card" form for the specified purpose. The form must be used by the owner of accompanied personal or household effects to provide required information, as stipulated under section 71AAAB(1) of the Customs Act 1901 and regulation 41 of the Customs Regulations 1926. The information must be provided at the specified time and in the manner and form outlined in the regulations. This requirement ensures that passengers are aware of their obligations when importing certain goods, particularly those that may be subject to restrictions, such as pornography, or require additional reporting, like bearer negotiable instruments. Furthermore, the form is updated to include references to Central America and the Caribbean in relation to the declaration of exposure to Yellow Fever, ensuring that health and safety measures are effectively communicated. Failure to comply with the provisions of the Customs Act 1901 and the approved form requirements may result in various consequences. The penalties for non-compliance can include fines and, in severe cases, imprisonment. Specifically, under section 157 of the Customs Act 1901, a person who contravenes a provision of the Act may be liable to a penalty of up to $22,200 for an individual or $111,000 for a body corporate, depending on the nature and extent of the offence. Additionally, subsection 46A(3) of the Acts Interpretation Act 1901 allows for the disallowance of the instrument by either house of Parliament, which would render it ineffective. The approval of this form is a critical compliance measure to ensure that the importation of certain goods is properly regulated and that passengers are aware of their obligations under Australian customs laws.