Customs Act 1901 - CEO Instrument of Approval No. 16 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02018 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 16 of 2012

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. 16 of 2012 approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for the purposes of providing, in the simplified Chinese 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 incoming passenger card is being re-made due to changes to questions six and seven, and a minor change to question 9, by the Department of Agriculture, Fisheries and Forestry. The amendments to these questions aim at a more efficient clearance of increasing international passenger volumes by allowing Biosecurity officers to spend less time interviewing passengers declaring highly processed food items such as commercially prepared lollies and chocolates and instead focus on targetting items which pose the highest level of biosecurity risk such as raw meats, seeds and fresh fruit and vegetables.

 

 

 

 

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.

 

Commencement

 

The instrument commences on the day after it is registered.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 16 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 16 of 2012 approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for the purposes of providing, in the simplified Chinese 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect changes being made by the Department of Agriculture, Forestry and Fisheries to the biosecurity questions aimed at a more efficient clearance of increasing international passenger volumes.

 

 

Human Rights Implications

 

Right to Privacy

 

The Incoming passenger card engages the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights.

 

The incoming passenger card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the incoming passenger card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The incoming passenger card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

 

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to affect or disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as, although it engages the right to privacy, the instrument maintains all existing protections contained in Australian law and does not seek to limit the right to privacy in anyway.  

 

 

 

 

 

Michael Pezzullo, Acting Chief Executive Officer, Australian Customs and Border Protection Service

Overview

The Customs Act 1901, enacted by the Australian Parliament, aims to regulate the import and export of goods into and out of Australia, ensuring compliance with various legislative and administrative requirements. CEO Instrument No. 16 of 2012, issued under the authority of the Chief Executive Officer of Customs, addresses the need for streamlined information collection regarding the import of personal or household effects by passengers arriving on ships or aircraft. This instrument approves the "incoming passenger card" form, designed in simplified Chinese, to facilitate the efficient gathering of necessary information, thereby aiding in the biosecurity clearance process. The instrument was introduced to modernise the form in line with changes proposed by the Department of Agriculture, Fisheries and Forestry, aiming to optimise the clearance process for high volumes of international passengers by reallocating resources to higher-risk items. This legislative instrument is deemed compatible with human rights, particularly the right to privacy, as it upholds existing legal protections and informs passengers of the lawful basis for information collection and its intended use.

Scope and Application

The Customs Act 1901, as amended, provides for the approval of certain forms required for the declaration of goods imported into Australia, including those that are accompanied personal or household effects of a passenger of a ship or aircraft. CEO Instrument No. 16 of 2012 specifically approves the "incoming passenger card" form in simplified Chinese language for this purpose. This instrument is applicable to passengers arriving in Australia via ships or aircraft who have accompanied personal or household effects that need to be declared. It aims to facilitate the efficient clearance process by allowing biosecurity officers to focus on high-risk items. The instrument does not require consultation as it is of minor nature and does not substantially alter existing arrangements. The instrument is compatible with human rights, particularly the right to privacy, as it maintains existing protections and ensures that the collection of personal information is authorised by law and reasonable in the circumstances.

Key Provisions

The key provisions of CEO Instrument No. 16 of 2012 concern the approval of the "incoming passenger card" form as an approved form under the Customs Act 1901. This form, now in simplified Chinese, is used to gather information required under subsection 71AAAB(1) of the Act regarding imported goods that are personal or household effects of passengers arriving by ship or aircraft. Specifically, the form is designed to facilitate a more efficient clearance process by adjusting the focus of biosecurity questions to high-risk items, thereby allowing Biosecurity officers to spend less time on low-risk goods such as commercially prepared lollies and chocolates, and more time on items like raw meats, seeds, and fresh fruit and vegetables. This approval is significant as it ensures that the form aligns with current regulatory requirements and facilitates the smooth processing of international passengers. The obligations imposed by this instrument primarily pertain to the completion and submission of the incoming passenger card form. Passengers are required to provide specific information, including personal details such as their name, date of birth, passport number, and intended address in Australia. This information is necessary to administer various Australian laws, including Customs, quarantine, statistical, health, wildlife, and currency laws. The form must be filled out in the manner and form specified by the relevant regulations, ensuring that all necessary details are provided accurately and in a timely manner. Furthermore, the form must be completed in simplified Chinese, reflecting the linguistic needs of a significant portion of incoming passengers. Failure to comply with the requirements outlined in the instrument may lead to various consequences. Although the explanatory statement does not explicitly detail the specific offences or penalties for non-compliance, it is reasonable to infer that breaches could result in administrative actions or delays in processing. Given the context of the Customs Act 1901, non-compliance might also attract penalties under relevant sections of the Act or associated regulations. For example, providing false or misleading information could potentially result in fines or other civil or criminal penalties as stipulated in the Customs Act. The precise penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or both, depending on the specific circumstances.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.