Overview

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, enacted in 2001, was introduced to modernise and streamline customs operations in Australia, particularly focusing on the facilitation of international trade. This Act aimed to address inefficiencies and outdated practices within the Customs Act 1901 by introducing a more contemporary framework that aligns with global trade standards. In 2005, the Customs Legislation Amendment and Repeal (International Trade Modernisation) Regulations were further refined, and CEO Instrument No. 26 of 2005 was enacted to approve the "Incoming passenger card" form for use under the new section 71AAAB of the Customs Act 1901. This change aimed to ensure that arriving passengers can efficiently provide information about their accompanied personal or household effects, facilitating smoother customs processing. The instrument was approved by the Chief Executive Officer of Customs, under the authority granted by the Customs Act 1901, and it commenced on the day after its registration.

Scope and Application

The Customs Act 1901, as amended, governs the import and export of goods in Australia, and the CEO Instrument of Approval No. 26 of 2005, under the Act's subsection 4A(1), designates the "Incoming passenger card" form (No. 15, dated 03/05) as an approved form for use by arriving passengers when providing information about their accompanied personal or household effects. This form has been approved for the purposes of section 71AAAB of the Act, which replaced the previous requirements set out in section 71 and is specified in Regulation 41 of the Customs Regulations 1926. This legislative instrument applies to any person, including passengers, who are required to provide information about their accompanied personal or household effects upon arrival in Australia. The instrument has a national reach, applying across the Commonwealth of Australia, and there are no stated exclusions or thresholds in this particular approval. While the Act itself extends its application through various subordinate instruments, this specific approval is of a minor or machinery nature, does not substantially alter existing arrangements, and thus no consultation was undertaken prior to its enactment. The instrument commences on the day after it is registered.

Key Provisions

The primary sections of this legislation, specifically F2005L02402, pertain to the approval and use of the "Incoming passenger card" form, which is now designated as an approved form under subsection 4A(1) of the Customs Act 1901. This approval allows the form to be used by incoming passengers to provide information about their accompanied personal or household effects, as stipulated in section 71AAAB of the Act. The form, which has been approved in multiple languages, is detailed in regulation 41 of the Customs Regulations 1926 and is intended to facilitate compliance with the new requirements that replaced the repealed subsection 71(1) of the Act. This form is crucial for the accurate and timely reporting of personal goods by travellers entering Australia. The obligations under this legislation primarily rest on incoming passengers, requiring them to complete the approved "Incoming passenger card" form when requested by a Collector. This requirement is particularly applicable to those carrying personal or household effects, and failure to provide the necessary information can lead to complications in the customs clearance process. The Act mandates that the information must be provided in the approved form or an approved statement, ensuring uniformity and ease of processing by customs officials. The form must be filled out in accordance with the instructions provided by the Collector, and the language used on the form must match the language in which the information is provided. Failure to comply with the requirements to provide information about accompanied personal or household effects can result in various penalties and consequences. While specific penalties are not outlined in the explanatory statement, the Customs Act 1901 generally provides for a range of civil and criminal penalties for non-compliance with its provisions. These can include fines, imprisonment, or both, depending on the severity of the breach. The precise penalties would be determined by the courts, taking into account the specific circumstances of the offence. However, the use of an approved form, as mandated by this legislation, is intended to streamline compliance and reduce the likelihood of such breaches occurring.