Overview

The Customs Act 1901, as amended, addresses various aspects of the import and export of goods, including the requirements for information to be provided about certain classes of goods. One particular area of focus is the management of accompanied personal or household effects of passengers arriving by ship or aircraft, which are exempt from formal import entry requirements but still necessitate the provision of specified information under the Act. To facilitate this, CEO Instrument No. 3 of 2009 was enacted to approve a form for passengers to use in providing the necessary information in Arabic. This instrument aims to streamline the process for passengers to declare items such as prohibited goods, including pornography, and to ensure compliance with regulations concerning financial instruments and health declarations, particularly in relation to potential exposure to Yellow Fever. The instrument was approved by the Chief Executive Officer of Customs and is intended to enhance the efficiency and effectiveness of customs procedures at the border.

Scope and Application

The CEO Instrument No. 3 of 2009 applies to individuals and entities involved in the importation of goods into Australia, particularly those who are passengers of ships or aircraft bringing accompanied personal or household effects into the country. The instrument approves the "Incoming passenger card" form as the approved means for providing information in the Arabic language about these imported goods, which are exempt from formal entry requirements but still subject to certain notification obligations under the Customs Act 1901. The geographic reach of this Act is national, as it pertains to the importation of goods into Australia. There are no stated exclusions or exemptions within the scope of the approved form itself; however, the exemptions from formal entry requirements for accompanied personal or household effects are governed by the Customs Act and related regulations. The application of the Act may be extended or restricted through subordinate instruments such as the Customs Regulations 1926, which mandate the use of the approved form for specific information. This instrument does not require consultation and commences on the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation are subsections 4A(1) and 4A(2) of the Customs Act 1901, which define an approved form as one that is approved by the Chief Executive Officer of Customs. Additionally, subsection 71AAAB(1) of the Act requires the owner of certain imported goods to provide information specified in regulations, which must be done in an approved form or an approved statement (subsection 71). Regulation 41 of the Customs Regulations 1926 mandates that if a Collector requires information, it must be provided in an approved form or statement. The CEO Instrument No. 3 of 2009 approves the "Incoming passenger card" form as the approved form for providing information in the Arabic language concerning imported goods that are accompanied personal or household effects of a passenger. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that the information regarding imported goods is provided in the approved form. Specifically, the owner of the goods must provide the required information at the time and in the manner specified in the regulations. This is to ensure that the information is complete and accurate, facilitating the customs process. The approved form, "Incoming passenger card," must be used for this purpose, particularly for Arabic-speaking passengers. The form has been updated to include references to prohibited goods such as pornography, a note warning about the reporting of bearer negotiable instruments, and an expanded list of regions for Yellow Fever exposure identification. The Act imposes penalties for failure to comply with the requirements set out in the approved form. Subsection 71AAAB(1) mandates the provision of information on imported goods, and any breach of this requirement may result in civil or criminal consequences. Although specific penalties are not detailed in the explanatory statement, the Act generally provides for fines and imprisonment for breaches of customs regulations. The penalties may vary depending on the severity of the breach and the intent behind it. Additionally, the use of a non-approved form could result in delays, fines, or other administrative actions as per the regulations. The CEO Instrument No. 3 of 2009, which approves the "Incoming passenger card" form, does not require consultation under section 17 of the Legislative Instruments Act 2003 as it is of minor or machinery nature and does not substantially alter existing arrangements. This means that the changes are procedural and aim to enhance border control efficiency without significantly affecting the rights or obligations of the parties involved. The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments, ensuring that the new form is in use and effective from the specified date.