Customs Act 1901 - CEO Instrument of Approval No. 27 of 2012

Administered by Department of Home Affairs

Legislation au F2012L02030 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 27 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. 27 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 Vietnamese 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. 27 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. 27 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 Vietnamese 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 (the Act) was enacted to address the need for a streamlined process for the collection of information regarding the importation of goods that are accompanied personal or household effects of passengers of ships or aircraft. This legislation was enacted by the Australian Parliament and seeks to facilitate efficient clearance procedures while ensuring compliance with various regulatory requirements. CEO Instrument No. 27 of 2012, issued under the authority of the Act, serves to approve the "incoming passenger card" form (No. 15 (Design date 11/12)) in the Vietnamese language for the purpose of collecting the requisite information under subsection 71AAAB(1) of the Act. This instrument replaces a previous form to reflect changes in biosecurity questions aimed at enhancing the efficiency of international passenger clearance. The instrument is compatible with human rights as it engages the right to privacy while maintaining existing protections under Australian law.

Scope and Application

CEO Instrument No. 27 of 2012, under the Customs Act 1901, approves a revised "incoming passenger card" form to be used in the Vietnamese language for collecting information from passengers entering Australia on ships or aircraft. This form serves as an approved instrument under the Act, specifically for the purposes of providing details about imported goods that are personal or household effects of the passengers. The card must be used to furnish information required under section 71AAAB(1) of the Act, as stipulated by the Customs Regulations 1926, in relation to these specific goods. The changes to the form are aimed at streamlining the customs clearance process, particularly for biosecurity purposes, by allowing officers to focus on items that pose a higher biosecurity risk. This legislative instrument applies to all passengers arriving in Australia who need to declare personal or household effects and is subject to the jurisdictional reach of the Commonwealth of Australia. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements, as per section 17 of the Legislative Instruments Act 2003. It is compatible with human rights, particularly the right to privacy, as it maintains the existing protections under Australian law and does not limit these rights in any way.

Key Provisions

CEO Instrument No. 27 of 2012 amends the Customs Act 1901 by approving the "incoming passenger card" form (No. 15 (Design date 11/12)) as an approved form in the Vietnamese language (subsection 4A(1)). This form is intended to facilitate the provision of 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 (subsection 71AAAB(1)). The instrument serves to replace an earlier version of the form to incorporate changes to specific questions, particularly those pertaining to biosecurity, aimed at streamlining the clearance process for increasing international passenger volumes. The Act imposes certain obligations on the parties involved. Specifically, the owner of goods that are accompanied personal or household effects of a passenger of a ship or aircraft must provide the information specified in the regulations at the time and in the manner and form specified in the regulations (subsection 71AAAB(1)). When a Collector requires information under this subsection, it must be provided in an approved form or an approved statement (Regulation 41). The approved incoming passenger card form must be used to gather this information, ensuring compliance with the regulatory requirements. There are no specific offences, penalties, or civil/criminal consequences outlined in the Act or the instrument for breach of the requirements to provide information using the approved form. However, the instrument does engage with the right to privacy as outlined in Article 17 of the International Covenant on Civil and Political Rights. The collection of personal information, such as name, date of birth, passport number, and intended address in Australia, is authorised by law and is used to administer various Australian laws. The instrument ensures that all existing protections under Australian law are maintained and does not seek to limit the right to privacy in any way. The card also informs passengers about the purposes for which the information is collected, the agencies to whom it will be disclosed, and the rights of the individuals regarding their personal information.

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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.