Customs Act 1901 - CEO Instrument of Approval No. 2 of 2014

Administered by Department of Home Affairs

Legislation au F2014L01405 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 2 of 2014

Customs Act 1901

 

Subsection 4A(1) of the Customs Act 1901 (the Act) defines an approved statement as a statement 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 statement 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 statements are legislative instruments.  

 

Background

Paragraphs 68(1)(d) to (j) of the Act list certain classes of goods which, if imported into Australia, are not required to be entered for home consumption or for warehousing. Pursuant to paragraph 68(1)(d), this includes goods that are the unaccompanied personal or household effects of a passenger of a ship or aircraft. 

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 (the Regulations) provides that if a Collector requires information under subsection 71AAAB(1) of the Act, then the owner must provide the information in an approved form or an approved statement.

On 14 September 2005 the CEO approved Instrument No. 73 of 2005 “UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION” as an approved statement to enable passengers of a ship or aircraft to communicate electronically to the Australian Customs and Border Protection Service (ACBPS) information about the passengers’ unaccompanied personal or household effects.

 

Instrument

CEO Instrument of Approval No. 2 of 2014 (the instrument) repeals and replaces CEO Instrument of Approval No. 73 of 2005 “UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION” as the approved statement for the purposes of communicating electronically to the ACBPS information in relation to goods that are the unaccompanied personal or household effects of a passenger of a ship or aircraft.  The instrument is being re-made to incorporate a new data field at item 72, “Spouse Passport Country of Issue”. 

The UPE Declaration allows for the personal effects of an individual, or their spouse, or both, to be covered by the declaration.  To verify that the unaccompanied personal effects are those of a passenger who was on board a ship or aircraft that arrived in Australia from a place outside Australia, personal information about the owner of the goods is collected as part of the declaration. 

Currently, information such as the owner’s name, passport number and passport country of issue are collected.  If the UPE Declaration contains personal effects of a spouse, then the name and passport number of the spouse are also collected. These data fields become mandatory once “Spouse Name” has been completed.  The new data field will now also require a spouse’s passport country of issue to be collected as part of this process.

This will align the passport information collected for each person covered by the declaration and assist the ACBPS to verify that the unaccompanied personal effects in the declaration are those of a passenger who was on board a ship or aircraft which arrived in Australia from a place outside Australia. 

 

Consultation

The following stakeholders have been consulted and support the amendments:

  • Customs Brokers and Forwarders Council of Australia Inc.
  • Australian Federation of International Forwarders
  • King and Wilson (International Removalists)
  • TNT Australia
  • DHL Australia
  • UPS Australia Pty Ltd
  • FedEx Corporation

 

Commencement

The instrument commences on day after it is registered on the Federal Register of Legislative Instruments.

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 2014

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

This instrument repeals and replaces CEO Instrument of Approval No. 73 of 2005 dated 14 September 2005 which approved the “UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION” as an approved statement for the purposes of communicating electronically to the ACBPS information in relation to goods that are the unaccompanied personal or household effects of a passenger of a ship or aircraft.

This instrument is being re-made to incorporate an additional data field being the “Spouse Passport Country of Issue” at item 72.

 

Human Rights Implications

 

Right to Privacy

The UPE Declaration engages the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights.

The UPE Declaration allows for the personal effects of an individual, or their spouse, or both, to be covered by the declaration.  To verify that the unaccompanied personal effects are those of a passenger who was on board a ship or aircraft that arrived in Australia from a place outside Australia, personal information about the owner(s) of the goods is collected as part of the declaration. 

Information such as the owner’s name, passport number and passport country of issue are collected.  If the UPE Declaration contains personal effects of a spouse, then the spouse’s name and passport information are also collected.  This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law.

The UPE Declaration notifies applicants of the purposes for which the information is collected and that the collection of the personal information is authorised by law. Applicants 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. 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, it maintains all existing protections contained in Australian law and does not seek to limit the right to privacy in anyway.  

 

Roman Quaedvlieg

Chief Executive Officer, Australian Customs and Border Protection Service

Overview

The CEO Instrument of Approval No. 2 of 2014 amends the existing “Unaccompanied Personal Effects (UPE) Declaration” under the Customs Act 1901, aiming to enhance the process of verifying the ownership of unaccompanied personal or household effects of passengers arriving in Australia. The instrument replaces CEO Instrument of Approval No. 73 of 2005 to include an additional data field for “Spouse Passport Country of Issue,” thereby ensuring consistency in the passport information collected for each person covered by the declaration. This amendment seeks to streamline the verification process and align with the existing legal framework that protects personal information under Australian law. The instrument was approved by the Chief Executive Officer of Customs and is supported by various stakeholders including Customs Brokers, Forwarders, and International Removalists. It commenced on the day after its registration on the Federal Register of Legislative Instruments, reflecting the need for a timely update to the declaration process to meet current administrative requirements.

Scope and Application

The CEO Instrument of Approval No. 2 of 2014 amends the approved statement for the purposes of communicating electronically to the Australian Customs and Border Protection Service (ACBPS) information in relation to unaccompanied personal or household effects of passengers arriving in Australia. The instrument applies to any individual or entity, including passengers of ships or aircraft, who wish to declare their personal effects when entering Australia. It ensures that personal information, such as the name, passport number, and passport country of issue, is collected to verify the identity of the passengers and the legitimacy of their belongings. This instrument has a national reach within Australia and is applicable across all states and territories. While the Act itself does not specify exclusions, the approved statement is tailored to ensure compliance with relevant Australian Customs, quarantine, statistical, health, wildlife, and currency laws. The instrument extends its application through the regulations and subordinate instruments, such as the Customs Regulations 1926, which further detail the requirements and processes for making such declarations.

Key Provisions

The CEO Instrument of Approval No. 2 of 2014 amends the previous Instrument of Approval No. 73 of 2005, which had established the “Unaccompanied Personal Effects (UPE) Declaration” as an approved statement for communicating information about the personal effects of passengers arriving in Australia from abroad (subsection 4A(1)). This new instrument introduces a modification by adding a new data field, “Spouse Passport Country of Issue,” to item 72 of the UPE Declaration (subsection 4A(2)). The UPE Declaration allows passengers to electronically submit information about their unaccompanied personal or household effects to the Australian Customs and Border Protection Service (ACBPS) (subsection 71AAAB(1)). The addition of the spouse's passport country of issue aims to align passport information collected for both the passenger and their spouse, facilitating verification by the ACBPS. The UPE Declaration imposes certain obligations on passengers travelling with unaccompanied personal or household effects. They must provide personal information, including the names, passport numbers, and countries of issue for themselves and their spouse if applicable, as part of the declaration (Regulation 41 of the Customs Regulations 1926). This information is necessary to verify the ownership and origin of the goods being declared. The declaration must be completed in an approved form or statement, as stipulated in the Customs Act 1901. Failure to comply with these requirements could result in delays or issues with the clearance of their personal effects upon arrival in Australia. The Customs Act 1901 does not explicitly outline specific penalties for failure to provide the required information in the UPE Declaration. However, non-compliance with customs regulations generally can result in various civil and criminal consequences. Under section 135 of the Act, a person who contravenes any provision of the Act or the regulations is liable to a penalty of up to $11,100 for an individual and $55,500 for a body corporate, reflecting the severity of non-compliance. Additionally, persistent non-compliance may lead to legal action, including fines, seizure of goods, or even prosecution under criminal law, depending on the circumstances and the extent of the breach. It is crucial for passengers to accurately complete the UPE Declaration to avoid these potential consequences.

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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.