Customs Act 1901 - CEO Instrument of Approval No. 17 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02019 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 17 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. 17 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 traditional 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. 17 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. 17 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 traditional 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 governs the importation of goods into Australia and the collection of duties and taxes on those goods. The Act was enacted to regulate and control the import and export of goods, ensuring that customs duties and other charges are collected efficiently and effectively. CEO Instrument No. 17 of 2012, approved by the Chief Executive Officer of Customs under the Customs Act 1901, is a legislative instrument that updates the "incoming passenger card" form, used for collecting information from passengers regarding imported goods that are their personal or household effects. This update aims to streamline the clearance process for increasing international passenger volumes by refining biosecurity questions to focus on items posing higher biosecurity risks. The instrument ensures that the collection of personal information adheres to existing legal protections and human rights, particularly the right to privacy as outlined in the International Covenant on Civil and Political Rights.

Scope and Application

CEO Instrument No. 17 of 2012 pertains to the Customs Act 1901, specifically approving a form for the submission of information concerning accompanied personal or household effects of international passengers entering Australia via ship or aircraft. The Act applies to any person entering Australia with personal or household effects that require declaration, and the instrument applies nationally, aligning with the overarching scope of the Customs Act. This legislative instrument replaces an existing form to streamline biosecurity checks by focusing on higher-risk items, thus enhancing the efficiency of international passenger clearance. The instrument does not introduce new obligations but rather updates the form to reflect changes in biosecurity questions, aiming to expedite the clearance process. There are no exclusions or exemptions specified within the instrument, but it operates within the existing legislative framework, which includes various thresholds and conditions for entry and declaration. The instrument’s commencement is effective from the day after its registration, and it does not require consultation as it is classified as minor or machinery in nature. The instrument has been assessed for compatibility with human rights, particularly the right to privacy, ensuring that all existing protections remain intact while facilitating the efficient administration of Australian laws.

Key Provisions

CEO Instrument No. 17 of 2012, which approves the "incoming passenger card" form (No. 15 (Design date 11/12)), pertains to the Customs Act 1901, specifically under sections 4A and 71AAAB. Section 4A(1) of the Act defines an approved form, while section 71AAAB(1) requires that the owner of certain imported goods provide specified information. Regulation 41 of the Customs Regulations 1926 stipulates that this information must be provided in an approved form or statement. The instrument ensures that the incoming passenger card, now in traditional Chinese, meets these requirements for passengers bringing accompanied personal or household effects into Australia. The obligations under this instrument are primarily for passengers and the Australian Customs and Border Protection Service. Passengers are required to fill out the incoming passenger card accurately and completely with the required information, including personal details and specifics about their imported goods. The Chief Executive Officer of Customs, through this instrument, ensures that the approved form complies with the legislative requirements and facilitates the efficient processing of passenger information, particularly regarding biosecurity concerns. There are no specific offences or penalties outlined in the instrument itself, but the general provisions of the Customs Act 1901 apply. Providing false or misleading information can lead to civil and criminal penalties under the Act. For example, knowingly providing false information can result in fines and, in severe cases, imprisonment. The Act also allows for the seizure of goods if they are found to be in breach of any regulations. In summary, CEO Instrument No. 17 of 2012 is a minor legislative instrument that ensures the incoming passenger card meets the necessary requirements for collecting information from international passengers. It maintains the existing protections and procedural standards, facilitating the smooth and efficient clearance of passengers while upholding the integrity of Australia's customs and biosecurity laws.

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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.