EXPLANATORY STATEMENT
CEO Instrument of Approval No. 2 of 2009
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 (the CEO). Subsection 4A(2) of the Act provides that the instrument by which a form is approved 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. 2 of 2009 approves the "Incoming passenger card" form (No. 15 (Design date 11/09)) as the approved form for the purposes of providing, in the English 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 main changes from the previously approved "Incoming passenger card" form include:
a) the inclusion in Question 1 of 'pornography' as a good that may be prohibited or subject to restrictions. Including an express reference to 'pornography' is intended to enhance the interception of prohibited pornography at the border by making passengers aware that pornography may be a prohibited import;
b) the inclusion, at the end of Question 5, of a Note which warns passengers that they may be required to report travellers cheques, money orders or other bearer negotiable instruments of any amount if asked to do so by a customs or police officer; and
c) the inclusion of Central America and the Caribbean in Question 11. Question 11 relates to identifying passengers who may have been exposed to Yellow Fever.
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as it 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 on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901, enacted by the Australian Parliament, was introduced to regulate and control the importation and exportation of goods into and out of Australia. One of the key functions of the Act is to ensure that all necessary information regarding imported goods is properly collected and managed. To this end, CEO Instrument No. 2 of 2009, approved by the Chief Executive Officer of Customs, provides an approved form for incoming passengers to declare information about their accompanied personal or household effects, which are exempt from formal import entry requirements. The "Incoming passenger card" form (No. 15) was updated to include references to prohibited goods such as pornography, and to notify passengers of their potential obligations to report certain financial instruments and travel history related to diseases like Yellow Fever. This instrument aims to enhance border security and public health measures by ensuring that passengers are made aware of their obligations and the potential consequences of non-compliance.
Scope and Application
The Customs Act 1901 governs the importation of goods into Australia and includes provisions for the approval of forms to be used for specific declarations and submissions. Under this Act, CEO Instrument No. 2 of 2009, which approves the "Incoming passenger card" form as an approved form for providing information about imported personal or household effects, applies to any person entering Australia as a passenger on a ship or aircraft who is carrying such goods. This form must be completed in English and submitted to a Collector of Customs as required by the Customs Regulations 1926. The instrument's scope is limited to the geographic jurisdiction of Australia and applies to all persons entering the country with personal or household effects. There are no stated exclusions or thresholds in the instrument, but it does extend its application through the approval of a specific form for use under the Customs Act and associated regulations. The instrument became effective on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument No. 2 of 2009, which amends the Customs Act 1901, introduces an updated "Incoming passenger card" form to be used for the import of accompanied personal or household effects of passengers arriving by ship or aircraft. The form, designated as No. 15 (Design date 11/09), must be filled out in English and submitted in the approved format as required by section 71AAAB(1) of the Act and Regulation 41 of the Customs Regulations 1926. The main operative sections of this instrument include the approval of the "Incoming passenger card" form and its amendments, as outlined in the explanatory statement. These changes aim to enhance border security and ensure compliance with import regulations.
The obligations imposed by this Act on the parties governed by it include the requirement for passengers to provide specific information about their accompanied personal or household effects at the time and in the manner and form specified in the regulations. This information is crucial for customs officials to determine whether any goods being imported are prohibited or subject to restrictions, such as pornography. Additionally, passengers must be aware that they may be required to report travellers' cheques, money orders, or other bearer negotiable instruments if asked to do so by a customs or police officer. These obligations are designed to facilitate the smooth processing of accompanied personal or household effects and to prevent the importation of prohibited items.
Breaches of the provisions outlined in the CEO Instrument No. 2 of 2009 may result in civil or criminal consequences, depending on the severity of the violation. While the specific penalties for non-compliance are not explicitly stated in the explanatory statement, it is essential for passengers to adhere to the requirements to avoid potential legal repercussions. In cases of significant non-compliance or deliberate misrepresentation of information, passengers may face fines, confiscation of prohibited goods, or other penalties as determined by the relevant authorities. It is crucial for all parties involved to understand and comply with the obligations and requirements of this instrument to ensure a seamless and lawful import process.