Customs Act 1901 - CEO Instrument of Approval No. 19 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02023 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 19 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. 19 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 Greek 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.

 

The re-made passenger card also includes an amendment to Question 2 to reflect the reduction of the duty free concession amount from 250g of tobacco products to 50 cigarettes or 50g of tobacco products.

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. 19 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. 19 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 Greek 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.

 

The instrument also reflects the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products.

 

 

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

CEO Instrument No. 19 of 2012, which approves the "incoming passenger card" form in the Greek language, is a legislative instrument under the Customs Act 1901. This instrument aims to update the form to reflect changes in biosecurity questions, enhancing the efficiency of the clearance process for increasing international passenger volumes. The changes focus on allowing Biosecurity officers to spend less time on low-risk items and more on high-risk ones, thereby improving overall border security. Additionally, the instrument updates the duty-free concession amount for tobacco products, reflecting recent policy changes. The instrument does not require consultation as it is of a minor nature and does not substantially alter existing arrangements. It is compatible with human rights, particularly the right to privacy, as it maintains existing protections and legal frameworks for the collection and use of personal information. This legislative instrument ensures that the incoming passenger card remains a relevant and effective tool for customs, quarantine, and other related authorities by aligning it with current policy objectives and legal requirements. The instrument's compatibility with human rights ensures that while it engages the right to privacy, it does so within the bounds of existing Australian laws, protecting both the rights of individuals and the operational efficiency of border management.

Scope and Application

The CEO Instrument No. 19 of 2012, approved under the Customs Act 1901, establishes the "incoming passenger card" form (No. 15, Design date 11/12) as the approved form for the submission of information required by subsection 71AAAB(1) of the Act. This applies to the accompanied personal or household effects of passengers arriving by ship or aircraft into Australia, which, despite being exempt from formal import entry requirements, necessitate the provision of certain information at specified times and in specified forms as regulated by the Customs Regulations 1926. The approved form, available in Greek, has been updated to streamline biosecurity clearance processes by re-prioritising the focus on items posing higher biosecurity risks and adjusting the duty-free concession for tobacco products. The approval by the Chief Executive Officer of Customs designates this form as a legislative instrument under the Legislative Instruments Act 2003. This legislative instrument does not require consultation as it does not substantially alter existing arrangements and will come into effect upon registration. The instrument is compatible with human rights as it maintains the existing protections in Australian law while engaging the right to privacy by ensuring that the collection of personal information is authorised by law and necessary for the administration of various Australian laws.

Key Provisions

The primary operative sections of CEO Instrument No. 19 of 2012, under the Customs Act 1901, involve the approval of the "incoming passenger card" form, specifically designed for the Greek language, to be used for providing information required under subsection 71AAAB(1) of the Act (Subsection 4A(1)). This form is tailored for passengers arriving by ship or aircraft who are required to declare their accompanied personal or household effects (subsection 71AAAB(1)). Regulation 41 of the Customs Regulations 1926 mandates that if a Collector requests information under this subsection, it must be provided in an approved form or statement, and this instrument designates the incoming passenger card as the approved form for such declarations (Regulation 41). The obligations imposed by this Act on the parties governed by it include the requirement for passengers arriving by ship or aircraft to provide the information specified in the regulations at the time and in the manner and form prescribed by the regulations (subsection 71AAAB(1)). Specifically, passengers must complete the incoming passenger card in Greek, detailing their personal information and the nature of their accompanied personal or household effects. This information is crucial for the administration of various Australian laws, including customs, quarantine, statistical, health, wildlife, and currency laws. Breach of the requirements set forth in this instrument may result in various civil or criminal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, under Australian law, failure to provide the required information accurately and completely can lead to penalties such as fines or, in severe cases, criminal charges. The penalties for providing false information can be substantial and may include imprisonment, reflecting the importance of compliance with these regulations for maintaining the integrity of Australia's border control and biosecurity measures. The incoming passenger card, therefore, plays a critical role in ensuring that passengers declare their goods accurately and fully, thereby facilitating the efficient clearance of passengers and the protection of Australia's borders.

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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.