EXPLANATORY STATEMENT
CEO Instrument of Approval No. 3 of 2010
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 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. 3 of 2010 approves the "Incoming passenger card" form (No. 15 (Design date 11/10)) as the approved form for the purposes of providing, in the English 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 main change from the previously approved "Incoming passenger card" form involves the inclusion in Question 1 of the word ‘illegal’ immediately before the word 'pornography.’ The “Incoming passenger form” as it currently reads includes all pornography. By including an express reference to 'illegal pornography' is intended to clarify the type of pornography that must be declared.
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. However, Customs and Border Protection has consulted with key stakeholders including Classification Operations Branch of the Attorney-General’s Department and the key association representing the Australian adult retailers and entertainment industry about the preferred approach to amending the wording of the IPC to clarify the type of pornography to be declared on arrival.
Commencement
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901 was enacted by the Parliament of Australia to provide for the regulation of customs and excise and the administration of related laws. The Act aims to facilitate trade while protecting the community from illegal imports and ensuring the correct collection of duties and taxes. CEO Instrument No. 3 of 2010, issued under the authority of the Chief Executive Officer of Customs, addresses a gap in the clarity of existing requirements for declaring accompanied personal or household effects imported by passengers. This instrument approves a revised version of the "Incoming passenger card" form, specifically modifying Question 1 to include the term 'illegal' before 'pornography'. The policy objective is to clarify the type of pornography that must be declared upon arrival, thereby ensuring compliance with Australian regulations and avoiding ambiguity in the declaration process. The instrument was not subject to mandatory consultation as it is considered minor and of a machinery nature, though consultation with relevant stakeholders was undertaken to refine the approach to wording the declaration form.
Scope and Application
The Customs Act 1901, as amended and supplemented through CEO Instrument No. 3 of 2010, specifies the approved form for passengers arriving in Australia to declare certain goods as accompanied personal or household effects. The Act applies to individuals and entities bringing personal or household effects into Australia on ships or aircraft, requiring them to declare these goods in the specified approved form. This declaration is mandatory under certain conditions, despite the exemption from formal import entry procedures for these goods. The instrument, which amends the previously approved "Incoming passenger card" form to explicitly include "illegal pornography" in the declaration requirements, is intended to clarify the types of items that need to be reported. The geographic and jurisdictional reach of this Act is national, governing practices across the Commonwealth of Australia. The approval of the form is a legislative instrument under the Legislative Instruments Act 2003 and does not require consultation as it is considered a minor amendment. The instrument came into effect on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument No. 3 of 2010, as specified under subsection 4A(1) of the Customs Act 1901, establishes the "Incoming passenger card" form (No. 15, Design date 11/10) as the approved form for providing information regarding imported goods that are accompanied personal or household effects of a passenger arriving by ship or aircraft. This form, which must be completed in English, is required for the submission of information as outlined in subsection 71AAAB(1) of the Act, as per the regulations set out in Regulation 41 of the Customs Regulations 1926. The key amendment to the previously approved form is the addition of the word 'illegal' before 'pornography' in Question 1, aiming to clarify that only illegal pornography must be declared.
The Act imposes specific obligations on individuals or entities involved in the import of goods that are accompanied personal or household effects. Primarily, the owner of these goods must provide the information specified in the regulations at the designated time, in the manner, and form as stipulated. This requirement ensures that the importation process remains transparent and compliant with Australian regulations. Furthermore, the approved form, as outlined in the CEO Instrument, must be used for the submission of this information, ensuring consistency and standardisation in the reporting process.
Failure to comply with the requirements set forth in the Act and the regulations can result in various consequences. While the Explanatory Statement does not detail specific offences or penalties, breaches of customs regulations generally can lead to civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the seriousness with which the Australian government treats non-compliance with customs laws. The precise penalties are determined by the nature and severity of the breach, in accordance with the applicable sections of the Customs Act 1901 and other relevant legislation.