EXPLANATORY STATEMENT
CEO Instrument of Approval No. 14 of 2010
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 (CEO). Subsection 4A(2) of the Act provides that the instrument by which a form is approved by the CEO 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 2010 approves the "Incoming passenger card" form (No. 15 SPA (Design date 11/10)) as the approved form for the purposes of providing, in the Spanish 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 change from the previously approved "Incoming passenger card" form involves the inclusion in Question 1 of the word ‘illegal’ immediately before the word 'pornography.’ The “Incoming passenger form” as it currently reads includes all pornography. By including an express reference to 'illegal pornography' is intended to clarify the type of pornography that must be declared.
Consultation
Consultation was not required under section 17 of the Legislative Instruments Act 2003 as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements. However, Customs and Border Protection has consulted with key stakeholders including Classification Operations Branch of the Attorney-General’s Department and the key association representing the Australian adult retailers and entertainment industry about the preferred approach to amending the wording of the IPC to clarify the type of pornography to be declared on arrival.
Commencement
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901 was enacted by the Commonwealth Parliament to regulate the importation and exportation of goods into and out of Australia, among other things. The Act aims to facilitate the movement of goods while ensuring the protection of the country's borders and revenue collection. The CEO Instrument No. 14 of 2010, approved under the Act, addresses the need for clear and precise documentation when passengers import personal or household effects into Australia, particularly in relation to the declaration of illegal pornography. This instrument, which does not require consultation as it is considered minor and of a machinery nature, was approved by the Chief Executive Officer of Customs and aims to enhance the clarity and specificity of the information required on incoming passenger cards to ensure compliance with Australian laws. The instrument came into effect on the day following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The CEO Instrument No. 14 of 2010, made under the Customs Act 1901, serves to approve the "Incoming passenger card" form, specifically form No. 15 SPA (Design date 11/10), for the purpose of providing information in the Spanish language regarding accompanied personal or household effects of passengers arriving by ship or aircraft. This form is designated as an approved form under the Act and is intended for use when owners of such goods must declare the information specified in the regulations at the time and in the manner and form specified in the regulations. The form is used to collect information from passengers regarding the importation of goods that are exempt from formal entry requirements but still necessitate the provision of certain details. The instrument specifies that the form must be used to capture information about illegal pornography, thereby clarifying the scope of the declaration requirements. This legislative instrument applies to individuals, entities, and industries involved in the importation of personal or household effects by passengers, particularly those arriving from Spanish-speaking countries, and is relevant to the operations of customs officials and travellers alike. The geographic and jurisdictional reach of this instrument is within the Commonwealth of Australia, as it is an instrument made under federal legislation. The instrument does not specify any exclusions, exemptions, or thresholds, and its operation is not extended or restricted through subordinate instruments. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key provisions of CEO Instrument No. 14 of 2010, as outlined in the Explanatory Statement, primarily focus on the approval of a specific form for use under the Customs Act 1901 (section 4A(1)). This instrument approves the "Incoming passenger card" form (No. 15 SPA (Design date 11/10)) as the approved form for providing, in the Spanish language, the 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 (subsection 71AAAB(1)). The form serves as a crucial document for complying with customs regulations for such imported goods, ensuring that the required information is provided in the correct format and language as specified by the regulations.
The obligations imposed by this instrument are directed towards individuals or entities that need to provide information regarding the import of personal or household effects carried by passengers. Specifically, under the Customs Act 1901, the owner of these goods must provide the necessary information as per subsection 71AAAB(1) at the time and in the manner specified by the regulations. The regulations, in turn, mandate that this information be submitted using the approved form, which has now been specified as the "Incoming passenger card" form (No. 15 SPA (Design date 11/10)) in the Spanish language. This requirement ensures consistency and accuracy in the information provided, facilitating the customs clearance process.
In terms of consequences for non-compliance, the Explanatory Statement does not explicitly outline specific offences, penalties, or consequences for failing to comply with the requirements of this instrument. However, the Customs Act 1901 and related regulations generally provide for various offences and penalties for breaches of customs requirements. These may include fines and, in more serious cases, potential criminal charges. The precise penalties would depend on the nature and severity of the breach, as well as other relevant provisions of the Act and subsidiary legislation. It is important for individuals and entities subject to these requirements to ensure they comply with the approved form and provide the necessary information to avoid any potential penalties.