Customs Act 1901 - CEO Instrument of Approval No. 18 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02020 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 18 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. 18 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 French 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 registration.

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. 18 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. 18 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 French 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 was enacted to regulate and facilitate the importation and exportation of goods into and out of Australia. It addresses the need for a streamlined and efficient process for the administration of customs, quarantine, and other related regulations. The Act was enacted by the Parliament of Australia and its policy objective is to ensure that the importation and exportation of goods are conducted in a manner that supports economic growth while protecting public health, safety, and biosecurity. One of the key provisions of the Act is the approval of forms for the collection of necessary information from importers and passengers. The CEO Instrument No. 18 of 2012, an instrument under the Customs Act, serves to approve the "incoming passenger card" form in the French language for use in gathering information from passengers regarding their accompanied personal or household effects. This instrument reflects updates made by the Department of Agriculture, Forestry and Fisheries to streamline biosecurity clearance processes, allowing for a more efficient handling of international passenger volumes by targeting high-risk items. The instrument ensures compliance with human rights by maintaining the existing protections for privacy as outlined in Australian law, ensuring that the collection of personal information remains authorised and transparent.

Scope and Application

The CEO Instrument No. 18 of 2012, an instrument of approval under the Customs Act 1901, designates the "incoming passenger card" form as the approved form for passengers travelling by ship or aircraft to provide information in French about their accompanied personal or household effects. This form is intended to facilitate the efficient clearance of passengers by redirecting Biosecurity officers' focus to higher-risk items, thus streamlining the customs process. The instrument applies to passengers bringing accompanied personal or household effects into Australia and is relevant to the Customs and Biosecurity sectors. It has a national jurisdictional reach as it operates under the Commonwealth Customs Act 1901. The approval of this form is a legislative instrument under the Legislative Instruments Act 2003, and it is exempt from certain consultation requirements as it is considered a minor or machinery change. The instrument commenced on the day following its registration and is compatible with human rights as it engages the right to privacy in a manner consistent with Australian law, maintaining existing protections and notifying passengers of the purposes and legal basis for information collection.

Key Provisions

CEO Instrument No. 18 of 2012, issued under the Customs Act 1901 (the Act), approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for providing, in the French language, the information required under subsection 71AAAB(1) of the Act. This requirement applies to the import of goods that are accompanied personal or household effects of a passenger of a ship or an aircraft. The purpose of this form is to streamline the information collection process for these goods, which are exempt from formal entry requirements under paragraph 68(1)(d) of the Act but must still have their details declared in the manner specified in the regulations. The approval of this form places certain obligations on the parties involved. Owners of the goods must provide the required information under section 71 of the Act, as stipulated in the regulations, in the approved form when requested by a Collector. This ensures that the information is collected in a standardised format, facilitating the efficient administration of the relevant laws. Furthermore, the form must be completed in French, reflecting its use for passengers who primarily speak this language. The approved form must be used for all information submissions under the specified circumstances, ensuring consistency and compliance with the regulatory requirements. Failure to comply with the requirements of this instrument may result in legal consequences. While the explanatory statement does not specify particular offences or penalties, it is understood that non-compliance with the Act's provisions, including the use of an unapproved form, could lead to enforcement actions. The penalties for non-compliance could include fines or other civil or criminal consequences as prescribed by the relevant laws. The specifics of these penalties would be governed by the broader provisions of the Customs Act and associated regulations. Additionally, the use of personal information collected through the form is subject to existing protections under Australian law, ensuring that privacy rights are safeguarded. The instrument, which is of a minor or machinery nature, was made without consultation as it does not substantially alter existing arrangements. It commences on the day after registration. The compatibility of this instrument with human rights is affirmed in the Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The right to privacy is addressed, with the collection and use of personal information being authorised by law and protected under Australian law. The instrument maintains all existing protections and does not limit the right to privacy in any way.

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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.