Customs Act 1901 - CEO Instrument of Approval No. 20 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02033 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 20 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. 20 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 Indonesian 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 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. 20 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. 20 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 Indonesian 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 by the Parliament of Australia to provide for the regulation of customs and excise duties and the control of goods entering and leaving Australia. One of the gaps this Act was introduced to address is the need for a streamlined and efficient process for collecting information on imported goods that are accompanied personal or household effects of passengers of ships or aircraft. To address this, CEO Instrument No. 20 of 2012 was introduced to approve the "incoming passenger card" form as an approved form for the purposes of providing, in the Indonesian language, the information required under subsection 71AAAB(1) of the Act in relation to these imported goods. This instrument was approved by the Acting Chief Executive Officer, Australian Customs and Border Protection Service, and it is compatible with human rights as it maintains all existing protections contained in Australian law and does not seek to limit the right to privacy in any way.

Scope and Application

CEO Instrument No. 20 of 2012 pertains to the Customs Act 1901 and is concerned with the approval of an incoming passenger card form in the Indonesian language. This form is designated for the submission of information about imported goods that are personal or household effects accompanying passengers arriving by ship or aircraft into Australia. This approval applies to individuals entering Australia with such goods, necessitating them to provide specific information under the Customs Act, as mandated by regulation. The geographic reach of this instrument is national, as it applies across all Australian borders. The instrument does not specify any exclusions or exemptions but extends its application to those passengers required to provide the specified information. It is a legislative instrument and can be amended through subordinate instruments. The instrument ensures compliance with human rights, particularly the right to privacy, as it involves the collection of personal information which is authorised by law and necessary for administering various Australian laws related to customs, quarantine, statistics, health, wildlife, and currency.

Key Provisions

The CEO Instrument No. 20 of 2012, which approves the "incoming passenger card" form (No. 15 (Design date 11/12)), establishes the approved form for providing information in the Indonesian language under subsection 71AAAB(1) of the Customs Act 1901. This form is designated for the collection of information about imported goods that are accompanied personal or household effects of passengers arriving by ship or aircraft. The instrument (subsection 4A(1)) is an approved form under the Customs Act 1901, and its approval is a legislative instrument (paragraph 6(d) of the Legislative Instruments Act 2003). It replaces the previous approved form to reflect updates to biosecurity questions by the Department of Agriculture, Fisheries and Forestry, aimed at more efficiently clearing the increasing volume of international passengers. The Customs Act 1901 imposes several obligations on the parties it governs. Firstly, under subsection 71AAAB(1), the owner of imported goods that are accompanied personal or household effects of a passenger must provide specified information at the time and in the manner and form required by the regulations. This obligation is fulfilled by using the approved incoming passenger card form, as per Regulation 41 of the Customs Regulations 1926. The instrument requires passengers to provide personal information, which is authorised by law for administering various Australian laws including Customs, quarantine, statistical, health, wildlife, and currency laws. Furthermore, passengers must be notified of the purposes for which the information is collected, the agencies to whom it will be disclosed, and the rights they have regarding the safeguarding of their personal information. The Customs Act 1901 and the related regulations establish several potential consequences for non-compliance. While the explanatory statement does not specify particular offences or penalties under this instrument, non-compliance with the Act's requirements could lead to civil or criminal penalties as outlined in other sections of the Act. For instance, providing false or misleading information could result in fines or imprisonment. The approved form itself ensures compliance by standardising the method of information collection, thus minimising the risk of non-compliance. Moreover, the instrument's compatibility with human rights, as stated in the Statement of Compatibility with Human Rights, ensures that the collection of personal information is lawful and respects existing protections.

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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.