EXPLANATORY STATEMENT

CEO Instrument of Approval No. 15 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 (j) 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 member of the crew of an aircraft are such a class of goods (paragraph 68(1)(d) refers).  Subsection 71AAAB(1) of the Act provides that the owner of such goods must, in any circumstances specified in the regulations, provide such information, at such time, and in such manner and form specified in the regulations.

Regulation 41 of the Customs Regulations 1926 (the Regulations) 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.  In September 2005, the CEO approved the “Aircrew Declaration” form, for use by members of the crew of an aircraft to provide information about the crew members' accompanied personal or household effects.

Instrument

CEO Instrument of Approval No. 15 of 2009 approves the “Aircrew Declaration (B465 (OCT 2009))” form as an approved form for the purpose of providing information required under section 71AAAB of the Act and regulation 41 of the Regulations in relation to imported goods that are accompanied personal or household effects of a crew member of an aircraft (aircrew).

The main changes to the previous "Aircrew Declaration" form are to:

a)        include a reference to 'pornography' as a good that may be a restricted item.  Including an express reference to 'pornography' is intended to enhance the interception of prohibited pornography at the border by making aircrew aware that pornography may be a prohibited import;

b)        include in the question regarding where the aircrew has been in the last 6 days, Central America and the Caribbean.  This question relates to identifying aircrew who may have been exposed to Yellow Fever;

c)        update the references to the "Australian Customs Service" to the "Australian Customs and Border Protection Service" and the references to other agencies on the form;

d)        update the reference to the form on which currency movements must be reported;

e)        include a Note which warns aircrew 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;

f)          remove the reference to the form being returned to foreign aircrew once Customs, Immigration and Quarantine clearance has been completed, as this no longer occurs in practice; and

g)        make minor design modifications to the form.

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.