Overview

The Customs Act 1901 was enacted to provide a framework for the administration of customs duties and the regulation of imports and exports in Australia. The Act was introduced to address the need for a structured approach to the collection of customs duties and the management of imported and exported goods. The Customs Act 1901 is administered by the Parliament of Australia, with the objective of ensuring efficient and effective border control, revenue collection, and protection of the community from harmful or prohibited goods. One of the mechanisms through which the Act operates is the approval of forms for specific purposes, such as the incoming passenger card approved under CEO Instrument No. 15 of 2012. This instrument ensures that the forms used for the collection of necessary information comply with the requirements of the Customs Act 1901 and related regulations, facilitating the smooth clearance of passengers and their accompanied personal or household effects.

Scope and Application

The Customs Act 1901, through CEO Instrument No. 15 of 2012, establishes the "incoming passenger card" form as an approved means for passengers arriving by ship or aircraft to provide necessary information regarding their accompanied personal or household effects in accordance with subsection 71AAAB(1). This form, available in Arabic, facilitates the efficient processing of increasing international passenger volumes by modifying specific biosecurity questions to target higher-risk items, thereby allowing biosecurity officers to focus more on items such as raw meats, seeds, and fresh produce. The instrument applies to all passengers entering Australia via ship or aircraft, requiring them to complete the incoming passenger card when entering goods that qualify as accompanied personal or household effects. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance under the Acts Interpretation Act 1901. This legislative instrument does not require consultation as it is deemed minor and does not substantially alter existing arrangements. The instrument's amendments aim to streamline the clearance process while maintaining the integrity of biosecurity protocols. The human rights implications, particularly the right to privacy, are addressed by ensuring that the collection of personal information adheres to Australian law and existing protections, with clear notification to passengers about the purposes and lawful basis for information collection.

Key Provisions

The primary operative sections of the Customs Act 1901 (the Act) referenced in this legislation pertain to the approval of forms by the Chief Executive Officer (CEO) of Customs. Specifically, subsection 4A(1) defines an approved form as one approved by the CEO in writing, while subsection 4A(2) states that such an instrument is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Additionally, paragraph 6(d) of the Legislative Instruments Act 2003 identifies approved forms as legislative instruments. In relation to imported goods, paragraph 68(1)(d) of the Act exempts certain classes of goods from formal import entry requirements. However, subsection 71AAAB(1) mandates that the owner of these goods must provide specific information as outlined in the regulations at the time and in the manner specified. Regulation 41 of the Customs Regulations 1926 further specifies that this information must be provided in an approved form or an approved statement if required by a Collector. The CEO Instrument No. 15 of 2012 imposes specific obligations on passengers entering Australia. It mandates that they provide information about their accompanied personal or household effects in an approved form, specifically the "incoming passenger card" in the Arabic language. This requirement is particularly pertinent for goods that are accompanied personal or household effects of a passenger of a ship or aircraft, ensuring that the information is provided as specified by the regulations. The approved form must be used to streamline the clearance process, particularly for biosecurity purposes, by allowing customs and biosecurity officers to focus on high-risk items. Failure to comply with the requirements of the CEO Instrument No. 15 of 2012 may result in various consequences. While the specific offences and penalties are not detailed in this legislation, it is implied that non-compliance could lead to administrative or legal actions under the Customs Act 1901 or other relevant laws. The penalties could range from fines to more severe sanctions, depending on the nature and extent of the breach. The Act and accompanying regulations provide a framework for enforcement and penalties, which may include civil or criminal penalties as deemed appropriate by the relevant authorities. The instrument also highlights the compatibility of the incoming passenger card with human rights, particularly the right to privacy as outlined in Article 17 of the International Covenant on Civil and Political Rights. The instrument ensures that the collection of personal information is authorised by law and that passengers are informed of the purposes for which their information is collected, the agencies to which it will be disclosed, and their rights under Australian law. This transparency and adherence to legal protections ensure that the right to privacy is maintained without limiting it in any way. The instrument's compatibility with human rights underscores its alignment with both domestic and international standards.