Customs Act 1901 - CEO Instrument of Approval No. 26 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02029 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 26 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. 26 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 Thai 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. 26 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. 26 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 Thai 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, as amended by CEO Instrument of Approval No. 26 of 2012, addresses the need for streamlined and efficient biosecurity clearance procedures for incoming passengers. This legislative instrument was introduced to facilitate the collection of necessary information from passengers in a more targeted manner, focusing on high-risk items while expediting the process for commonly imported goods. The instrument, which does not require parliamentary scrutiny as it is of a minor nature, was enacted by the Chief Executive Officer of Customs under the authority of the Customs Act 1901 and the Legislative Instruments Act 2003. The policy objective is to enhance biosecurity measures by ensuring that resources are allocated more effectively, thereby improving the clearance process for international passengers and their personal effects while maintaining compliance with Australian law. The instrument also ensures compatibility with human rights, particularly the right to privacy, by maintaining existing legal protections and informing passengers about the purposes and scope of the information collected.

Scope and Application

The CEO Instrument No. 26 of 2012, under the Customs Act 1901, specifically addresses the approval of the "incoming passenger card" form (No. 15, Design date 11/12) in the Thai language, for use in providing required information about imported goods that are accompanied personal or household effects of passengers arriving by ship or aircraft. This instrument applies to passengers entering Australia via international flights or ships, requiring them to provide specific details about their belongings in an approved format. The instrument extends its jurisdiction to encompass the entirety of Australia, as it pertains to the national customs and biosecurity regulations enforced by the Department of Agriculture, Fisheries and Forestry. This approval facilitates the efficient processing of increasing international passenger volumes by enabling biosecurity officers to focus on higher-risk items, thereby streamlining the clearance process. The instrument is designed to maintain and enhance existing legal frameworks without imposing additional burdens on passengers, ensuring compliance with relevant Australian laws and international human rights standards.

Key Provisions

The primary sections of CEO Instrument No. 26 of 2012, under the Customs Act 1901, approve the "incoming passenger card" form (No. 15 (Design date 11/12)) as the approved form for providing, in the Thai language, information required under subsection 71AAAB(1) of the Act. This form is used for accompanying personal or household effects of passengers arriving by ship or aircraft. This approval is significant as it facilitates the collection of necessary information in a specified language to streamline customs clearance, particularly in relation to biosecurity concerns. The changes to questions six and seven, and the minor adjustment to question nine, aim to focus biosecurity efforts on higher-risk items, thereby expediting the clearance process for lower-risk goods such as commercially prepared food items. Under this Act, the obligations imposed on the relevant parties, such as passengers and customs officers, include the requirement for passengers to complete the incoming passenger card accurately and in the specified language (Thai) when required. The form must be filled out at the time and in the manner specified in the regulations. Customs officers, on the other hand, are obligated to request this form from passengers as per the regulations and ensure that the provided information is adequate and accurate. These obligations are crucial for maintaining the efficiency and effectiveness of the customs clearance process, especially concerning biosecurity and the protection of Australian borders. Breaches of the requirements set forth by this Act can lead to various consequences. While the explanatory statement does not specify criminal penalties, it is understood that failure to provide the required information or providing false information could result in legal action under the Customs Act 1901. This could include civil penalties or administrative actions such as fines or detention of goods. The specific penalties would depend on the severity of the breach and the discretion of the relevant authorities. The intent of the Act is to ensure compliance through these measures, thereby upholding the integrity of the customs clearance process and biosecurity protocols.

Legal classification tags

Area of Law
Customs Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Compliance Obligations
Biosecurity

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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.