Customs Act 1901 - CEO Instrument of Approval No. 23 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02027 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 23 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. 23 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 Korean 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 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. 23 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. 23 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 Korean 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 CEO Instrument No. 23 of 2012, enacted to amend the Customs Act 1901, addresses the need for a standardised form to collect necessary information from international passengers regarding their accompanied personal or household effects upon entry into Australia. This instrument was approved by the Chief Executive Officer of Customs, as mandated by the Customs Act 1901, to ensure compliance with legislative requirements and to facilitate efficient customs clearance procedures. The primary policy objective is to streamline the customs clearance process for increasing passenger volumes by refining the focus of biosecurity checks, thus allowing for quicker processing of less risky items while prioritising high-risk goods. The instrument specifies the use of the "incoming passenger card" form in Korean to cater to the growing number of Korean passengers and to enhance the accuracy and efficiency of data collection related to imported goods. This legislative instrument was deemed not to require consultation as it was considered minor and did not substantially alter existing arrangements. It is compatible with human rights as recognised in international instruments, specifically addressing the right to privacy by ensuring that the collection and use of personal information are authorised by law and that passengers are fully informed about the purposes and legal basis for data collection, as well as the agencies to which the information may be disclosed. This approach upholds existing protections under Australian law and does not limit the right to privacy.

Scope and Application

The CEO Instrument of Approval No. 23 of 2012 pertains to the Customs Act 1901, specifically addressing the approval of a form for the provision of information related to the importation of accompanied personal or household effects by passengers of ships or aircraft. The approved form, the "incoming passenger card" (No. 15, Design date 11/12), is mandated for the submission of required information in the Korean language under subsection 71AAAB(1) of the Act. This instrument applies to individuals who are passengers of ships or aircraft and are bringing accompanied personal or household effects into Australia. The instrument's reach is national, as it pertains to the implementation of the Customs Act 1901 across Australia. The instrument does not explicitly state any exclusions or thresholds but operates under the existing regulatory framework provided by the Customs Regulations 1926. The application of the instrument may be further extended or restricted through subordinate instruments, although the specific details of such instruments are not provided in the explanatory statement.

Key Provisions

CEO Instrument No. 23 of 2012, under the Customs Act 1901 (the Act), approves the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for the purposes of providing, in the Korean 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 form is intended for use when passengers declare their personal or household effects, which are exempt from formal import entry requirements but still necessitate the provision of certain information. This form replaces the previously approved incoming passenger card to reflect changes made by the Department of Agriculture, Forestry and Fisheries to the biosecurity questions. These changes aim to streamline the clearance process for increasing international passenger volumes by shifting the focus of Biosecurity officers from highly processed food items to items that pose a higher biosecurity risk. The obligations imposed by this instrument include the requirement for passengers to provide specific information in the approved form when required by a Collector under subsection 71AAAB(1) of the Act. This information pertains to the personal or household effects they are bringing into Australia. The approved form must be completed in the Korean language as specified in Regulation 41 of the Customs Regulations 1926. The information provided must be accurate and given at the time and in the manner and form specified in the regulations. The use of the approved form ensures that the necessary information is collected in a standardised manner, facilitating efficient processing by Customs and other relevant agencies. Breach of the obligations imposed by this instrument may result in penalties or other consequences. Although the specific penalties are not detailed in the text, breaches of customs regulations generally can lead to fines and, in some cases, criminal charges. The penalties can vary depending on the severity and intent of the breach. For example, providing false or misleading information can result in fines of up to $22,200 for individuals and $111,000 for corporations. In cases where the breach is deemed to be deliberate, the penalties can be more severe, including potential imprisonment. The Act and associated regulations provide for enforcement actions to be taken by Customs officers to ensure compliance with the requirements set out in the instrument.

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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.