Customs Act 1901 - CEO Instrument of Approval No. 21 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02025 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 21 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. 21 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 Italian 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 registration.

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. 21 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. 21 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 Italian 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. 21 of 2012, approved by the Chief Executive Officer of Customs under the Customs Act 1901, serves to update the "incoming passenger card" form (No. 15 (Design date 11/12)) to be used in the Italian language for providing information required under the Act about imported goods that are personal or household effects of a passenger arriving by ship or aircraft. This instrument was introduced to address the need for a more efficient clearance of international passenger volumes, particularly focusing on biosecurity risks by re-aligning the questions on the card to target higher-risk items. Additionally, the instrument reflects a change in the duty-free concession for tobacco products. The approval of this instrument by the Chief Executive Officer of Customs is in accordance with the requirements set out in the Legislative Instruments Act 2003, and it was determined not to require consultation as it is of a minor or machinery nature and does not substantially alter existing arrangements. The instrument is compatible with human rights, specifically addressing the right to privacy under Article 17 of the International Covenant on Civil and Political Rights, while ensuring that the collection and use of personal information is authorised by law and subject to existing protections.

Scope and Application

The Customs Act 1901, as amended, provides the legislative framework for the regulation of customs and border protection in Australia. CEO Instrument No. 21 of 2012 pertains specifically to the approval of a form for the collection of information under subsection 71AAAB(1) of the Act, which relates to the import of accompanied personal or household effects of passengers arriving by ship or aircraft. This instrument serves to approve the "incoming passenger card" form in the Italian language, which is designed to facilitate the efficient clearance of international passengers by focusing biosecurity efforts on higher-risk items. The form captures necessary information such as personal details and details of imported goods, and is subject to the privacy protections under Australian law. The instrument applies to individuals who are passengers arriving in Australia by ship or aircraft and carrying accompanied personal or household effects, as well as the entities and industries involved in customs and biosecurity administration. This instrument is applicable nationally, reflecting the Commonwealth jurisdiction over customs and border protection. No consultation was required as the changes are of a minor or machinery nature. The instrument commenced on the day after its registration and is compatible with human rights as it respects the right to privacy and maintains existing legal protections for personal information.

Key Provisions

CEO Instrument No. 21 of 2012, under the Customs Act 1901 (section 4A(1)), designates the "incoming passenger card" form (No. 15, Design date 11/12) as the approved form for providing, in the Italian language, the information required under subsection 71AAAB(1) of the Act regarding imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This instrument, being a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and classified as a legislative instrument under paragraph 6(d) of the Legislative Instruments Act 2003, serves to replace the previously approved form to align with recent changes by the Department of Agriculture, Forestry and Fisheries. These changes aim to streamline the biosecurity clearance process by modifying questions six and seven, and making a minor adjustment to question nine, to better target high-risk items like raw meats, seeds, and fresh fruit and vegetables. Additionally, the instrument reflects the updated duty-free concession, reducing it from 250 grams of tobacco products to 50 cigarettes or 50 grams of tobacco products. This legislative instrument imposes specific obligations on parties involved with the importation of personal or household effects. The owner of such goods must provide the required information under subsection 71AAAB(1) of the Act in the manner, time, and form specified in the regulations, which, as per Regulation 41 of the Customs Regulations 1926, must be in an approved form or statement. This obligation is crucial for ensuring that the necessary information is collected efficiently and accurately to facilitate customs, quarantine, and other regulatory processes. Failure to comply with these requirements could result in delays, penalties, or other enforcement actions as prescribed by the relevant regulations and laws. The Customs Act 1901, along with the associated regulations, includes provisions for offences and penalties for non-compliance with the requirements set forth in the Act and the approved forms. While specific penalties are not detailed in the Explanatory Statement, breaches of the Customs Act can generally result in civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the offence. The instrument, being compatible with human rights, ensures that any enforcement actions respect the rights of individuals, particularly the right to privacy as protected under Australian law and international covenants. This compatibility ensures that while the requirements are stringent, they are balanced with the necessary protections for personal information.

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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.