EXPLANATORY STATEMENT
CEO Instrument of Approval No. 15 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. 15 of 2010 approves the "Incoming passenger card" form (No. 15 THA (Design date 11/10)) as the approved form for the purposes of providing, in the Thai 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 Australian Parliament to regulate the importation and exportation of goods, including the collection of duties and taxes, and to provide for related matters. The Act was introduced to address the need for a comprehensive framework governing the customs process in Australia, ensuring effective border control, revenue collection, and enforcement of trade regulations. CEO Instrument No. 15 of 2010, which is a legislative instrument, was approved by the Chief Executive Officer of Customs to address a specific gap in the regulation of imported accompanied personal or household effects. This instrument amends the previously approved "Incoming passenger card" form to include a clarification regarding the declaration of illegal pornography, thereby ensuring that only illegal items are reported. The policy objective is to enhance clarity and compliance with customs regulations concerning the importation of such goods.
Scope and Application
CEO Instrument No. 15 of 2010 amends the approved form for providing information about imported goods that are accompanied personal or household effects of a passenger arriving by ship or aircraft into Australia. This instrument applies to individuals who are importing such goods and are required to provide the relevant information in the approved form or statement as specified under the Customs Regulations 1926. The approved form, the "Incoming passenger card," is used to declare the presence of specific items, including illegal pornography, upon arrival. The instrument operates within the Commonwealth jurisdiction, adhering to the Customs Act 1901, and is designed to streamline and clarify the declaration process for certain types of personal effects. The amendment to include the term 'illegal' before 'pornography' in the form seeks to enhance clarity and ensure that only prohibited items are subject to declaration. This change is effective from the day it is registered on the Federal Register of Legislative Instruments, and no consultation was required due to the minor nature of the changes.
Key Provisions
The Customs Act 1901, as amended by CEO Instrument No. 15 of 2010, includes a provision that mandates the use of an approved form for certain information related to accompanied personal or household effects of passengers. Under section 71AAAB(1) of the Act, the owner of goods that fall under this category must provide specified information at the time and in the manner and form prescribed by regulation (subsection 71AAAB(1)). Regulation 41 of the Customs Regulations 1926 further specifies that this information must be provided in an approved form or an approved statement when requested by a Collector. The CEO Instrument No. 15 of 2010 has approved a specific "Incoming passenger card" form (No. 15 THA, Design date 11/10) for use in providing this information in the Thai language. The form is designed to capture details of any illegal pornography among the personal or household effects being imported, a change intended to clarify the type of pornography that needs to be declared.
The obligations imposed by the Act and the regulations on the parties concerned primarily involve ensuring that the information regarding accompanied personal or household effects is accurately and promptly provided. The owners of such goods must comply with the requirement to provide information in the approved form as stipulated by regulation 41 of the Customs Regulations 1926. This includes filling out the "Incoming passenger card" form in its approved Thai language version, which now explicitly mentions illegal pornography as a category that must be declared. The form must be completed accurately to avoid any potential legal consequences of non-compliance or incorrect declaration.
Failure to comply with the provisions of the Act and the regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, breaches of the Customs Act 1901 generally attract significant fines and potential imprisonment under section 178 of the Act. The penalties may vary depending on the nature and severity of the breach, but they underscore the importance of adhering to the requirements set forth by the Act and the associated regulations. The accuracy and completeness of the information provided on the approved form are critical to avoiding any adverse legal consequences.