Overview

The Customs Act 1901 was enacted to regulate the importation and exportation of goods into and out of Australia, providing a framework for the administration of customs duties and the control of goods. A problem this legislation addresses is the need for clarity in the declaration of certain goods, particularly those that fall under specific exemptions from formal entry requirements but still necessitate information disclosure. CEO Instrument of Approval No. 16 of 2010 was introduced to provide an approved form for Vietnamese-speaking passengers to declare accompanied personal or household effects, clarifying the type of pornography that must be declared. This instrument was approved by the Chief Executive Officer of Customs and aims to ensure compliance with the Act by specifying the form to be used for the required information, particularly in relation to illegal pornography. The instrument was not subject to consultation as it was deemed minor but involved discussions with relevant stakeholders to refine the form's wording. The instrument will come into effect on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Customs Act 1901, as amended and supplemented by the CEO Instrument of Approval No. 16 of 2010, governs the use of approved forms for the entry of certain classes of goods into Australia, particularly those that are the accompanied personal or household effects of a passenger arriving by ship or aircraft. This legislation applies to individuals and entities responsible for the importation of these goods, requiring them to provide specific information regarding such goods at the time and in the manner prescribed by the regulations. The approved form, in this case, is the "Incoming passenger card," which has been specifically adapted to include the Vietnamese language to facilitate compliance from passengers arriving from Vietnam. This instrument is applicable nationwide and is intended to ensure that the type of goods being brought into the country is accurately declared, with a specific focus on the clarification of the declaration of illegal pornography. The instrument does not require consultation as it pertains to minor changes in existing machinery but has involved consultation with relevant stakeholders to ensure effective implementation. The changes introduced by the CEO Instrument of Approval No. 16 of 2010 become effective upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The CEO Instrument of Approval No. 16 of 2010, under the Customs Act 1901, provides for the approval of a form to be used for the entry of information concerning accompanied personal or household effects of passengers arriving in Australia by ship or aircraft. Section 4A(1) of the Act defines an approved form as one that has been approved by the Chief Executive Officer of Customs through a written instrument. This approval process is further outlined in section 4A(2) of the Act, which specifies that such instruments are disallowable under the Acts Interpretation Act 1901. This instrument, as stated in paragraph 6(d) of the Legislative Instruments Act 2003, is considered a legislative instrument. The primary requirement of this legislation is that individuals who are bringing accompanied personal or household effects into Australia must provide specific information about these goods at the time and in the manner specified by the regulations. This requirement is set out in subsection 71AAAB(1) of the Act, and the information must be provided in an approved form as specified in regulation 41 of the Customs Regulations 1926. The approved form, as outlined in the instrument, is the "Incoming passenger card" form, which has been updated to include a reference to 'illegal pornography' in Question 1 to clarify the type of pornography that must be declared. The obligations imposed by this legislation are primarily on the individuals bringing these goods into Australia. They must ensure that the information required under the Act is provided accurately and in the approved form. This involves declaring any illegal pornography among their personal or household effects, as explicitly stated in the updated form. The regulations mandate that this information must be provided when requested by a Collector, which is a representative of the Australian Customs and Border Protection Service. Failure to comply with the requirements of the Act and the regulations could result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is generally understood that non-compliance with customs regulations can lead to penalties such as fines, confiscation of goods, or in severe cases, criminal charges. The instrument does not specify the exact penalties but refers to the broader framework of the Customs Act 1901 and the Customs Regulations 1926, which outline various penalties for non-compliance.