EXPLANATORY STATEMENT

CEO Instrument of Approval No. 25 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. 25 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 Spanish 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. 25 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. 25 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 Spanish 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