EXPLANATORY STATEMENT
CEO Instrument of Approval No. 31 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 31 of 2005 approves the “Incoming passenger card” form (No. 15 IND (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, enacted in 2001, was introduced to modernise Australia's customs legislation, streamline international trade, and enhance the efficiency of customs processes. The problem it aimed to address was the need to update and simplify customs regulations in line with international trade practices and to improve the management of goods entering and leaving the country. The Act was passed by the Australian Parliament and seeks to facilitate smoother trade operations and better align Australia's customs regime with global standards. The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 introduced various reforms, including the replacement of section 71 of the Customs Act 1901 with new section 71AAAB, which addresses the requirements for passengers to provide information about their accompanied personal or household effects. This change was further operationalised through amendments to Regulation 41 of the Customs Regulations 1926, specifying that information must be provided in an approved form. CEO Instrument No. 31 of 2005 approved the "Incoming passenger card" form (No. 15 IND, dated 03/05) for use under the new section 71AAAB, ensuring that the necessary documentation remains consistent and effective for customs processing.
Scope and Application
The CEO Instrument of Approval No. 31 of 2005 applies to the approval of the "Incoming passenger card" form, which is used for recording information about the personal or household effects of passengers arriving in Australia on ships or aircraft. This form is applicable to individuals entering Australia with their personal or household belongings, as outlined in the Customs Act 1901. The instrument’s geographic reach extends to Australia, encompassing all customs points of entry across the nation. The approval pertains to the specific form (No. 15 IND, dated 03/05) and its use under the revised section 71AAAB of the Customs Act 1901, which replaced the previous section 71. The instrument does not specify any exclusions or exemptions; however, it is important to note that the requirement to fill out the card applies only to certain classes of goods as defined in the Act. The application of the form is regulated through the Customs Regulations 1926, which have been amended to incorporate the new legislative changes. The instrument does not substantially alter existing arrangements and was made without prior consultation as it is considered of a minor or machinery nature.
Key Provisions
The primary sections of the legislation in question involve the approval of forms under the Customs Act 1901, specifically through CEO Instrument No. 31 of 2005. This instrument approves the "Incoming passenger card" form (No. 15 IND, design date 03/05) for use by passengers entering Australia to declare their accompanied personal or household effects. This form is critical as it replaces the previous requirement under section 71 of the Act, which has been repealed and replaced by new section 71AAAB. The form must be used in an approved manner as stipulated in regulation 41 of the Customs Regulations 1926, ensuring that all necessary information is provided to the Collector of Customs at the appropriate time and in the correct format.
The Act imposes certain obligations on the parties it governs. Passengers entering Australia must complete the approved "Incoming passenger card" form if they are carrying accompanied personal or household effects. This requirement is enforced by the Collector of Customs, who may request this information as per section 71AAAB of the Customs Act 1901. The form must be filled out accurately and submitted in one of the languages approved by the CEO. Failure to comply with this requirement can lead to complications at the border and potential delays or penalties.
Failure to provide the required information on the approved form, as mandated by section 71AAAB of the Customs Act 1901, can result in civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, the Act generally allows for penalties for non-compliance with customs requirements. These penalties can include fines or other civil sanctions for minor infractions, while more serious breaches may result in criminal charges, depending on the severity and intent behind the non-compliance. The precise penalties would be determined based on the specific circumstances of the breach and any applicable laws.