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.
Overview
The CEO Instrument of Approval No. 15 of 2009 was enacted to update and enhance the existing “Aircrew Declaration” form used by crew members of aircraft to declare their accompanied personal or household effects upon entering Australia. This instrument was introduced to address gaps in the existing form that needed updating to align with current practices and regulatory requirements. The Customs Act 1901, administered by the Australian Customs and Border Protection Service, provides the legislative framework for the approval of such forms, with the objective of ensuring that all necessary information is collected in an approved manner to facilitate the interception of prohibited goods, such as pornography, and to manage health risks like Yellow Fever exposure. The instrument was approved by the Chief Executive Officer of Customs and commenced on the day after its registration on the Federal Register of Legislative Instruments, without prior consultation due to its minor nature.
Scope and Application
CEO Instrument of Approval No. 15 of 2009 pertains to the Customs Act 1901 and serves to approve a particular form used by crew members of aircraft to declare their personal or household effects when importing such goods into Australia. This instrument applies specifically to the aircrew of aircraft, requiring them to provide information about their accompanied goods in the approved "Aircrew Declaration" form, which is mandated under section 71AAAB of the Act and regulation 41 of the Customs Regulations 1926. The approved form helps streamline the process of declaring these goods, ensuring compliance with customs regulations. The instrument also includes updates to the form to enhance clarity and effectiveness, such as the inclusion of references to pornography as a restricted item and questions about recent travel to regions where Yellow Fever is prevalent. The form is part of a larger legislative framework designed to manage the importation of personal or household effects and is applicable nationally within Australia. The instrument does not extend to other entities or industries, nor does it involve any exclusions, exemptions, or thresholds beyond the specified requirements for aircrew declarations.
Key Provisions
The CEO Instrument of Approval No. 15 of 2009, as referenced in subsection 4A(1) of the Customs Act 1901, approves the "Aircrew Declaration (B465 (OCT 2009))" form for use by crew members of an aircraft to provide information about their accompanied personal or household effects that are imported into Australia. This form is an approved form as defined by the Act, and it must be used in accordance with the requirements set out in section 71AAAB of the Customs Act 1901 and regulation 41 of the Customs Regulations 1926. The form replaces the previous "Aircrew Declaration" form and incorporates several changes aimed at improving the interception of prohibited items and updating references to relevant agencies.
The Act imposes certain obligations on the parties it governs, including the requirement for the owner of accompanied personal or household effects of a crew member of an aircraft to provide specified information in the approved form when required by a Collector. This information must be provided at the time, and in the manner and form, as specified in the regulations. The approved form, "Aircrew Declaration (B465 (OCT 2009))", must be used to comply with these obligations, and any failure to do so may result in the imposition of civil or criminal penalties.
The Act also imposes certain obligations on the Chief Executive Officer of Customs, who is responsible for approving forms that are to be used in accordance with the Customs Act 1901 and the Customs Regulations 1926. In this case, the CEO has approved the "Aircrew Declaration (B465 (OCT 2009))" form for use by crew members of an aircraft to provide information about their accompanied personal or household effects that are imported into Australia. The CEO must ensure that any approved form meets the requirements of the Act and the Regulations, and any failure to do so may result in the form being disallowed under section 46A of the Acts Interpretation Act 1901.
The Act imposes certain civil and criminal penalties for non-compliance with its provisions. For example, subsection 183(1) of the Customs Act 1901 provides that a person who contravenes any provision of the Act, or any regulation made under the Act, is liable to a penalty of up to 5,000 penalty units (currently AUD 1,050,000) for a body corporate and up to 2,100 penalty units (currently AUD 420,000) for an individual. Subsection 183(2) of the Act also provides that a person who is convicted of an offence against the Act is liable to imprisonment for up to five years. The Act also imposes civil penalties for non-compliance with certain provisions, such as the requirement to provide information in an approved form, which may result in the imposition of a penalty of up to 1,050 penalty units (currently AUD 210,000) for a body corporate and up to 210 penalty units (currently AUD 42,000) for an individual.