Overview

The Customs Act 1901, enacted by the Australian Parliament, establishes the framework for the regulation of customs and excise in Australia. The Act provides for the administration of border control, the collection of duties and taxes, and the enforcement of customs-related laws. CEO Instrument No. 24 of 2012, issued under the authority of the Customs Act, approves the "incoming passenger card" form as an approved form for collecting information from passengers entering Australia via ships or aircraft. This instrument replaces the previous form to align with changes made by the Department of Agriculture, Forestry and Fisheries to the biosecurity questions, aiming to streamline the clearance process for international passengers and focus on high-risk items. The instrument does not 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, particularly the right to privacy, as it maintains the existing protections under Australian law while collecting necessary personal information for the administration of various Australian laws.

Scope and Application

The CEO Instrument No. 24 of 2012, issued under the Customs Act 1901, pertains to the approval of a specific form for the purpose of collecting information from passengers arriving in Australia by ship or aircraft. The form, known as the "incoming passenger card" (No. 15, Design date 11/12), is approved for use in the Malaysian language to gather details about the personal or household effects being imported by these passengers. This approval is in line with the requirements of subsection 71AAAB(1) of the Act, which mandates that owners of such goods provide certain information at specified times and in specified forms, as outlined in the regulations. The card is designed to facilitate the efficient clearance of international passengers by streamlining the declaration process for commonly imported items, allowing biosecurity officers to focus on higher-risk items. The instrument applies to all passengers arriving in Australia, regardless of their nationality or the specific nature of their imported goods, within the scope of the Customs Act 1901, which has a national jurisdictional reach. The instrument does not require consultation as it is of a minor or machinery nature, and it does not substantially alter existing arrangements. The instrument comes into effect on the day following its registration and has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, demonstrating compatibility with human rights, particularly the right to privacy, by maintaining existing protections and legal authorisations for information collection.

Key Provisions

The CEO Instrument of Approval No. 24 of 2012, under the Customs Act 1901, approves the "incoming passenger card" form (No. 15, dated 11/12) as the approved form for providing information in the Malaysian language about imported goods that are accompanied personal or household effects of a passenger arriving by ship or aircraft (subsection 4A(1)). This instrument, which is a legislative instrument as per the Legislative Instruments Act 2003, replaces a previously approved form to accommodate updates by the Department of Agriculture, Fisheries and Forestry. These updates are intended to streamline the clearance process for increasing international passenger volumes by allowing biosecurity officers to focus more on high-risk items such as raw meats, seeds, and fresh fruit and vegetables, instead of spending time on highly processed food items like lollies and chocolates (subsection 71AAAB(1); Regulation 41 of the Customs Regulations 1926). This legislation imposes several obligations on the parties involved. It mandates that the owner of goods that are accompanied personal or household effects of a passenger must provide specified information at the time and in the manner and form specified by the regulations (subsection 71AAAB(1)). Additionally, when a Collector requires information under this subsection, it must be provided in an approved form or statement (Regulation 41 of the Customs Regulations 1926). The approved incoming passenger card ensures that the required information is collected in a standardised format, facilitating the efficient processing of passenger declarations and the enforcement of Australian Customs, quarantine, statistical, health, wildlife, and currency laws. Failure to comply with the requirements set out in this legislation may result in civil or criminal consequences, although specific penalties are not detailed within the explanatory statement. However, the Customs Act 1901 generally provides for various penalties for breaches, which could include fines or imprisonment depending on the nature and severity of the offence. The approved form ensures that the information collection process is compliant with Australian law and respects the right to privacy, as it notifies passengers of the purposes for which their information is collected, the agencies to whom it will be disclosed, and the legal basis for the collection. This legislative instrument is compatible with human rights as it engages the right to privacy in a manner consistent with Australian law and does not limit existing protections. In summary, the CEO Instrument of Approval No. 24 of 2012 facilitates the efficient clearance of passengers by approving a standardised form for collecting necessary information in the Malaysian language. It imposes obligations on passengers to provide specified information and on the Australian Customs and Border Protection Service to collect this information in an approved format. While the specific penalties for non-compliance are not detailed, the legislation aligns with Australian law and human rights standards, ensuring that the collection of personal information is authorised, reasonable, and protected.