Customs Act 1901 - CEO Instrument of Approval No. 2 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01754 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 2 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. 2 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the Arabic 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 change from the previously approved "Incoming passenger card" form is a change 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, which will take effect on 1 September 2012.

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 1 September 2012.


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. 2 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. 2 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the Arabic 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 the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

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 disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, governs the administration of customs and excise laws in Australia. One of its objectives is to facilitate the efficient and secure movement of goods across Australia’s borders while protecting the public from potential risks. The Act addresses the need for streamlined processes and information collection from incoming passengers to ensure compliance with customs regulations without imposing undue burdens on travellers. CEO Instrument of Approval No. 2 of 2012 amends the approved form for incoming passenger cards to reflect changes in duty-free allowances for tobacco products. This legislative instrument updates the form used to collect necessary information from passengers, ensuring it aligns with current regulations and requirements. It is compatible with human rights, as it does not engage, impact on, or limit the right to privacy, given that the collection of personal information is authorised by law and subject to existing protections.

Scope and Application

CEO Instrument of Approval No. 2 of 2012 applies to individuals entering Australia as passengers on a ship or aircraft, requiring them to complete the approved "Incoming passenger card" form in Arabic to declare certain personal and household effects they are bringing into the country. This instrument, which aligns with the Customs Act 1901, applies nationally across Australia and mandates the use of the specified form for the submission of required information, which is necessary despite the exemption from formal entry procedures for these goods. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements. It came into effect on 1 September 2012 and represents a minor update to the form, specifically adjusting the duty-free allowance for tobacco products. The instrument is compatible with human rights, ensuring that the collection and use of personal information on the form is authorised by law, reasonable, and protected under Australian law, thereby not impacting the right to privacy.

Key Provisions

The CEO Instrument of Approval No. 2 of 2012 amends the Customs Act 1901 by approving a new "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) in Arabic, to be used for providing information about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft (subsection 4A(1) of the Customs Act 1901). This form replaces the previously approved incoming passenger card to reflect the reduced duty-free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products (subsection 71AAAB(1) of the Customs Act 1901). The change specifically updates Question 2 on the card to align with the new regulations, which will take effect on 1 September 2012. Under the Customs Act 1901, the approved form must be used when providing information required under subsection 71AAAB(1) of the Act to a Collector, as stipulated in Regulation 41 of the Customs Regulations 1926. This means that passengers arriving by ship or aircraft must complete the "Incoming passenger card" form in Arabic to declare their personal or household effects, ensuring compliance with Australian import laws. The form is designed to capture necessary information such as the passenger's name, date of birth, passport number, and intended address in Australia. This information is critical for the administration of Customs, quarantine, statistical, health, wildlife, and currency laws. The Customs Act 1901 imposes obligations on passengers to provide accurate and complete information on the approved form. Failure to comply with these requirements can result in civil and criminal penalties. The Act does not specify particular offences or penalties for non-compliance with the form requirements, but general provisions within the Act may apply. For instance, providing false information can lead to penalties under section 123 of the Customs Act 1901, which includes fines and imprisonment. Additionally, under section 128 of the Act, any person who wilfully obstructs an officer of Customs or interferes with the officer in the execution of their duties can face severe penalties, including fines and imprisonment. Overall, the CEO Instrument of Approval No. 2 of 2012 ensures that the "Incoming passenger card" form is updated to reflect current regulations, thereby facilitating compliance with Australian import laws and protecting the interests of various regulatory agencies.

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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.