EXPLANATORY STATEMENT
CEO Instrument of Approval No. 28 of 2005
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 (the CEO). Subsection 4A(2) of the Act provides that the instrument by which a form is approved 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 Instrument 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). Prior to 19 July 2005, subsection 71(1) of the Act provided that the owner of such goods “must, in any circumstances specified in the regulations, provide such information, at such time, and in such manner and form as the regulations specify...”.
On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The requirement on a passenger to provide information about their accompanied personal or household effects is now contained in new section 71AAAB of the Act.
Regulation 41 of the Customs Regulations 1926 has been amended as a consequence of the enactment of new section 71AAAB and provides that if a Collector requires information under section 71AAAB of the Act, then it must be provided in an approved form or an approved statement. Under regulation 41, the CEO has previously approved, for the purposes of section 71 of the Act, Incoming Passenger Cards, in a number of languages, which are used by arriving passengers to provide information about the passengers accompanied personal or household effects.
The CEO has now approved the same Incoming Passenger Cards for the purposes of new section 71AAAB of the Act.
CEO Instrument No. 28 of 2005 approves the “Incoming passenger card” form (No. 15 CHS (Design date 03/05)).
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Commencement
The instrument commences on the day after it is registered.
Overview
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to streamline and modernise customs procedures in Australia, addressing inefficiencies and outdated practices in the Customs Act 1901. This Act introduced significant changes to customs regulations, including the replacement of section 71 with new section 71AAAB, which pertains to the information requirements for passengers bringing accompanied personal or household effects into Australia. The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted by the Australian Parliament to modernise customs regulations and enhance efficiency in customs procedures. The objective of this Act was to update and streamline customs processes to better align with international trade practices and requirements. The Chief Executive Officer of Customs, under the authority granted by the Customs Act 1901, has approved the "Incoming passenger card" form (No. 15 CHS) for use in providing necessary information as per the new regulatory requirements. This form, available in multiple languages, assists arriving passengers in complying with the updated customs information provisions.
Scope and Application
The CEO Instrument of Approval No. 28 of 2005 applies to the "Incoming passenger card" form, which is approved for use under section 71AAAB of the Customs Act 1901. This approval pertains specifically to the requirement for passengers arriving in Australia to provide information about their accompanied personal or household effects. The instrument applies to passengers entering Australia, as it pertains to the completion of the Incoming Passenger Card to declare their personal or household effects. The geographic reach of this Act is national, as it applies across Australia in accordance with the Customs Act 1901. There are no specific exclusions or thresholds mentioned within the text; however, the application of the form is contingent on the regulations and requirements set forth by the Customs Act and the Customs Regulations 1926. The CEO Instrument of Approval extends the application of the Incoming Passenger Card form through subordinate instruments, ensuring compliance with the Customs Act. The instrument does not substantially alter existing arrangements and is of a minor or machinery nature, as no consultation was undertaken prior to its creation.
Key Provisions
The main operative sections of the F2005L02442 instrument pertain to the approval of the "Incoming passenger card" form (No. 15 CHS) for use under section 71AAAB of the Customs Act 1901. This section now governs the requirement for passengers to provide information about their accompanied personal or household effects upon entering Australia. Section 71AAAB replaces the repealed subsection 71(1), and requires that any necessary information must be provided in an approved form or approved statement, as detailed in regulation 41 of the Customs Regulations 1926. The instrument approves the Incoming Passenger Cards in multiple languages, which were previously approved for use under section 71 of the Act, for the purposes of the new section 71AAAB.
The obligations imposed by this Act on the relevant parties are primarily concerned with the provision of information about accompanied personal or household effects by passengers entering Australia. Passengers must provide this information in an approved form or statement, as specified in regulation 41. The Chief Executive Officer of Customs has approved the Incoming Passenger Cards for this purpose, meaning that these forms must be used by passengers to provide the required information. The Act does not substantially alter existing arrangements, but ensures that the information required under section 71AAAB is collected in a consistent and approved manner.
The Act does not explicitly state any offences, penalties, or consequences for breach, but it is reasonable to infer that failure to comply with the requirements to provide information in an approved form or statement could result in penalties under the Customs Act 1901. Non-compliance with customs requirements can lead to civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for breaches of the Customs Act 1901 can vary widely, but may include fines of up to $13,200 for individuals and $66,000 for corporations, as well as imprisonment for up to five years in certain cases. It is important to note that the specific penalties for a particular breach will depend on the circumstances of the case and the discretion of the court.