Customs Act 1901 - CEO Instrument of Approval No. 22 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02026 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 22 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. 22 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 Japanese 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 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. 22 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. 22 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 Japanese 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, enacted by the Parliament of Australia, establishes the regulatory framework for the administration of customs and excise duties in Australia. One of the gaps it addressed was the need for streamlined and efficient procedures for the entry of information concerning imported goods, particularly those that are accompanied personal or household effects of passengers arriving by ship or aircraft. To address this, CEO Instrument No. 22 of 2012 was introduced, approving a specific form, the "incoming passenger card", for collecting information in the Japanese language. This instrument aims to facilitate the clearance process by enabling biosecurity officers to focus on high-risk items while reducing the time spent on low-risk food items, thereby enhancing the efficiency of international passenger processing. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, does not require consultation as it is of a minor nature and does not substantially alter existing arrangements. The instrument's compatibility with human rights has been affirmed, particularly in relation to the right to privacy, as it adheres to existing legal protections and informs passengers of the purposes and lawful basis for information collection.

Scope and Application

CEO Instrument No. 22 of 2012 pertains to the approval of a specific form under the Customs Act 1901, impacting the procedures for the import of personal or household effects accompanying passengers arriving by ship or aircraft into Australia. This instrument applies to passengers who are required to provide information regarding such imported goods, ensuring they comply with the regulations set forth by the Customs Act. The geographic scope of the Act is national, extending across all jurisdictions within Australia, while the instrument itself is a legislative tool approved by the Chief Executive Officer of Customs. It is noteworthy that this instrument does not require consultation as it is classified as a minor or machinery nature, and it does not significantly alter existing arrangements. Instead, it updates the "incoming passenger card" form to align with recent changes made by the Department of Agriculture, Forestry and Fisheries, which aim to streamline biosecurity processes at borders. The instrument ensures compatibility with human rights by maintaining the existing protections for privacy and personal information as stipulated under Australian law, while also adhering to international human rights standards.

Key Provisions

The key provision of CEO Instrument No. 22 of 2012 is the approval of the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for providing information in the Japanese language, as required by subsection 71AAAB(1) of the Customs Act 1901, concerning imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft (subsection 4A(1)). This instrument ensures that the form used for providing the specified information is compliant with the requirements of the Act and any relevant regulations (subsection 4A(2)). The obligations imposed by the Act on the parties or entities it governs include the requirement for the owner of accompanied personal or household effects to provide the specified information at the time and in the manner and form specified in the regulations (subsection 71AAAB(1)). This obligation is further detailed in Regulation 41 of the Customs Regulations 1926, which states that the information must be provided in an approved form or an approved statement if a Collector requires it. Any breach of the obligations under the Customs Act 1901 or the Customs Regulations 1926 may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement. It is noted that the instrument does not substantially alter existing arrangements and does not require consultation under section 17 of the Legislative Instruments Act 2003. The compatibility of this legislative instrument with human rights is addressed in the Statement of Compatibility with Human Rights, which asserts that it 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. The incoming passenger card engages the right to privacy under Article 17 of the International Covenant on Civil and Political Rights. However, the instrument maintains all existing protections contained in Australian law and does not seek to limit the right to privacy in any way. The collection of personal information is protected under Australian Law, and passengers are informed of the purposes for which the information is collected, the agencies to whom it will be disclosed, and the availability of further information about their rights.

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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.