Customs Act 1901 - CEO Instrument of Approval No. 3 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01747 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 3 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 (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 2012 approves the "Incoming passenger card" form (No. 15 CHS (Design date 09/12)) as the approved form for the purposes of providing, in the simplified Chinese 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 change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

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 1 September 2012.


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. 3 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. 3 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the simplified Chinese 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 the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

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 disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The CEO Instrument of Approval No. 3 of 2012 amends the Customs Act 1901 by updating the approved form for incoming passenger cards, addressing the reduction of the duty-free concession amount for tobacco products from 250 cigarettes or 250 grams to 50 cigarettes or 50 grams, effective from 1 September 2012. This change is necessary to comply with the updated regulations under the Customs Act and is approved by the Chief Executive Officer of Customs. The instrument ensures that the incoming passenger card, used to collect necessary information from passengers regarding their accompanied personal or household effects, remains aligned with the current legislative requirements. The enactment of this instrument by the Australian Customs and Border Protection Service aims to facilitate compliance with customs regulations while maintaining the integrity of the administrative processes involved.

Scope and Application

The Customs Act 1901, as supplemented by CEO Instrument No. 3 of 2012, mandates the use of an approved form for incoming passengers to declare their accompanied personal or household effects, particularly tobacco products, when entering Australia. This legislation applies to all passengers of ships and aircraft bringing such goods into the country and is a Commonwealth Act, thereby having a national reach. The approved form, known as the "Incoming passenger card," has been updated to reflect changes in duty-free allowances, reducing the permissible quantity of tobacco products. The instrument ensures compliance with Australian laws by requiring the collection of specific information in a prescribed manner and language, in this case, simplified Chinese. The instrument became effective on 1 September 2012 and, as it does not substantially alter existing arrangements, it was not subject to the consultation requirements under the Legislative Instruments Act 2003. Additionally, the instrument is compatible with human rights, as it ensures the collection of personal information is authorised by law and does not infringe on the right to privacy, given the explicit notification to passengers about the purpose and lawful basis for information collection.

Key Provisions

CEO Instrument No. 3 of 2012 addresses the approval of a specific form under the Customs Act 1901. It approves the "Incoming passenger card" form, numbered 15 CHS (Design date 09/12), as the approved form for providing information in simplified Chinese about imported goods that are personal or household effects of passengers arriving by ship or aircraft. This form is required under subsection 71AAAB(1) of the Act, which mandates that such information be provided at the time and in the manner and form specified in the regulations. The form replaces the previous version to reflect a change in the duty-free allowance for tobacco products, reducing it from 250 cigarettes or 250 grams of tobacco to 50 cigarettes or 50 grams, effective from 1 September 2012. The obligations imposed by this instrument on the parties it governs include the requirement for passengers to complete the approved "Incoming passenger card" form accurately and in the specified language when importing personal or household effects. This form is mandatory when required by a Collector under the Customs Regulations 1926. The approved form ensures that the information collected is consistent with the regulations and facilitates the administration of various Australian laws, including those relating to Customs, quarantine, statistics, health, wildlife, and currency. Passengers must provide personal information such as their name, date of birth, passport number, and intended address in Australia. The instrument does not explicitly state any penalties for non-compliance, but non-compliance with customs regulations generally can lead to a range of civil and criminal consequences. These may include fines, confiscation of goods, or legal action. Under the Customs Act, penalties can include fines of up to $16,500 for individuals and $82,500 for corporations for various offences. The seriousness of the breach and any previous history of non-compliance can influence the severity of the penalties imposed. Additionally, persistent or serious non-compliance could lead to criminal charges, resulting in more severe penalties, including imprisonment.

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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.