Customs Act 1901 - CEO Instrument of Approval No. 14 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02015 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

CEO Instrument of Approval No. 14 of 2012

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 2012 approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for the purposes of providing, in the English 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 incoming passenger card is being re-made due to changes to questions six and seven, and a minor change to question 9, by the Department of Agriculture, Fisheries and Forestry. The amendments to these questions aim at a more efficient clearance of increasing international passenger volumes by allowing Biosecurity officers to spend less time interviewing passengers declaring highly processed food items such as commercially prepared lollies and chocolates and instead focus on targetting items which pose the highest level of biosecurity risk such as raw meats, seeds and fresh fruit and vegetables.

 

 

 

 

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.

 

Commencement

 

The instrument commences on the day after it is registered.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 14 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 14 of 2012 approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for the purposes of providing, in the English 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect changes being made by the Department of Agriculture, Forestry and Fisheries to the biosecurity questions aimed at a more efficient clearance of increasing international passenger volumes.

 

 

Human Rights Implications

 

Right to Privacy

 

The Incoming passenger card engages the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights.

 

The incoming passenger card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the incoming passenger card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The incoming passenger card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

 

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to affect or disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as, although it engages the right to privacy, the instrument maintains all existing protections contained in Australian law and does not seek to limit the right to privacy in anyway.  

 

 

 

 

 

Michael Pezzullo, Acting Chief Executive Officer, Australian Customs and Border Protection Service

Overview

The Customs Act 1901, enacted by the Parliament of Australia, governs the administration of customs and excise duties and the regulation of imports and exports. It aims to facilitate trade while ensuring the efficient collection of revenue and protection of the country's borders. In this context, the Customs (Incoming Passenger Card) Approval Instrument 2012, CEO Instrument No. 14, was introduced to update the approved form for incoming passengers to declare their personal and household effects. This update was in response to changes in biosecurity protocols to streamline the clearance process for international passengers, focusing more on high-risk items. The instrument, approved by the Chief Executive Officer of Customs, ensures that the incoming passenger card aligns with current regulatory requirements and biosecurity priorities. The instrument was not subject to consultation as it was deemed minor and of a machinery nature, thus not substantially altering existing arrangements. It commenced on the day following its registration, ensuring immediate implementation of the updated form.

Scope and Application

The Customs Act 1901 governs the importation and exportation of goods in Australia and includes provisions for the approval of forms used in the customs clearance process. The CEO Instrument No. 14 of 2012, approved by the Chief Executive Officer of Customs, specifies the "incoming passenger card" form as the approved format for passengers entering Australia via ship or aircraft to declare their accompanied personal or household effects. This form, designed to streamline the customs and biosecurity clearance process, requires passengers to provide specific information in English, including personal details and the nature of their belongings. The form is approved under the Customs Act 1901 and is subject to the requirements set out in the Customs Regulations 1926. The instrument applies to all passengers entering Australia with personal or household effects, ensuring compliance with customs and biosecurity regulations while facilitating a more efficient process by redirecting resources towards higher-risk items. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights, maintaining existing protections for personal information provided by passengers.

Key Provisions

CEO Instrument No. 14 of 2012 under the Customs Act 1901 (the Act) pertains to the approval of a specific form, known as the "incoming passenger card" (No. 15 (Design date 11/12)), which must be used for providing information required under subsection 71AAAB(1) of the Act regarding imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This form is intended to streamline the clearance process for incoming international passengers, particularly focusing on biosecurity risks while reducing the time spent on low-risk items such as commercially prepared lollies and chocolates. This form replaces a previously approved version to incorporate changes suggested by the Department of Agriculture, Fisheries and Forestry. The Act imposes obligations on passengers to provide the required information in the approved form or an approved statement, as mandated by Regulation 41 of the Customs Regulations 1926. Specifically, the information must be provided in English, at the specified time, in the manner and form specified in the regulations. The approved form, the incoming passenger card, must be used to collect personal information including the passenger's name, date of birth, passport number, and intended address in Australia. This information is necessary for the administration of various Australian laws such as Customs, quarantine, statistical, health, wildlife, and currency laws. Failure to comply with the requirements set out in the Act and the accompanying regulations may result in civil or criminal penalties, although specific penalties are not detailed in the explanatory statement. The Act does not specify the exact penalties for non-compliance but implies that breaches may be subject to the general provisions for non-compliance with customs regulations. Additionally, the incoming passenger card, while engaging the right to privacy, ensures that all personal information collected is protected under Australian law and complies with the International Covenant on Civil and Political Rights. The instrument does not seek to affect or disapply any existing protections and is thus compatible with the human rights as recognised in the international instruments.

Legal classification tags

Area of Law
Customs Law
Privacy Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Rights & Protections

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.