Overview

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to modernise and streamline the customs process in Australia. This Act aimed to address the need for updating and simplifying the customs procedures, particularly concerning the import of personal or household effects of passengers. The Customs Act 1901 was amended to reflect these changes, including the introduction of new section 71AAAB that specifies the requirement for passengers to provide information about their accompanied personal or household effects. The problem this legislation aimed to resolve was the outdated and cumbersome process that required passengers to provide information in a manner and form specified by regulations, which was subsequently streamlined and standardised through the use of approved forms such as the Incoming Passenger Cards. The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted by the Parliament of Australia. The policy objective of this Act was to enhance the efficiency and effectiveness of customs processes, facilitating smoother international trade and travel. The approval of the Incoming Passenger Cards by the Chief Executive Officer of Customs under CEO Instrument No. 27 of 2005 ensures that the information required from passengers is collected in a consistent and approved manner, aligning with the modernised customs framework. This legislative instrument, which did not require consultation due to its minor nature, commenced on the day after its registration.

Scope and Application

The Customs Act 1901 applies to a broad range of persons and entities involved in the import and export of goods into and out of Australia, as well as those involved in related administrative and regulatory processes. Specifically, this Act governs the conduct and transactions associated with the customs and excise duties, the importation and exportation of goods, and the control of goods entering and leaving the country. The Act has a national reach, applying across the Commonwealth of Australia, and is applicable to all states and territories within the country. It is pertinent to note that the Act extends its application through subordinate instruments, such as regulations and approved forms, which are integral to its implementation and enforcement. The CEO Instrument No. 27 of 2005 approving the "Incoming passenger card" form (No. 15 ARA) exemplifies this, as it provides a specific form for passengers to declare their personal or household effects upon arrival, thereby facilitating compliance with the Act. While the Act comprehensively regulates customs processes, it does not apply to certain classes of goods, such as accompanied personal or household effects of passengers, under specific conditions detailed in the Act and its subsidiary instruments.

Key Provisions

The key operative sections of the legislation are subsections 4A(1) and 4A(2) of the Customs Act 1901, which together establish the process for the approval of forms by the Chief Executive Officer of Customs (subsection 4A(1)), and the nature of these instruments as disallowable under the Acts Interpretation Act 1901 (subsection 4A(2)). Specifically, section 71AAAB, introduced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, now governs the requirement for passengers to provide information about their accompanied personal or household effects, with regulation 41 of the Customs Regulations 1926 specifying that this information must be provided in an approved form or statement. The Act imposes several obligations on the parties it governs. The Chief Executive Officer of Customs is required to approve forms that will be used for the purposes specified under the Act, with these forms being legislative instruments as defined by the Legislative Instruments Act 2003. The approved forms, such as the Incoming Passenger Cards, must be used by passengers to provide the necessary information about their accompanied personal or household effects as required under section 71AAAB of the Act. Furthermore, these approved forms must be completed in accordance with the regulations, which may specify the time, manner, and form of the information to be provided. In terms of breaches and consequences, the Act does not explicitly state the penalties for failing to comply with the requirements to provide information in an approved form or for any other breaches of the regulations. However, non-compliance with customs requirements can generally lead to civil or criminal penalties under other sections of the Customs Act 1901. For example, failure to provide required information could result in fines, and more serious breaches might lead to prosecution with penalties that can include substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents.