Overview

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, enacted in 2001, was introduced to modernise Australia's customs legislation, streamline processes, and enhance the efficiency of international trade. The Act, enacted by the Australian Parliament, aimed to address the need for more efficient customs processes, particularly in the context of the growing volume of international trade. The Explanatory Statement to CEO Instrument No. 34 of 2005 indicates that this particular instrument, which approves the "Incoming passenger card" form for use under the Customs Act 1901, is a minor administrative change that does not substantially alter existing arrangements. Consequently, no consultation was required under the Legislative Instruments Act 2003. The instrument comes into effect on the day after it is registered.

Scope and Application

The CEO Instrument of Approval No. 34 of 2005, issued under the Customs Act 1901, pertains to the approval of the "Incoming passenger card" form (No. 15 KOR, dated 03/05) for use by passengers entering Australia. This form is intended for providing information about their accompanied personal or household effects, which are exempt from entry requirements under paragraph 68(1)(d) of the Act. The instrument specifically addresses the transition from the repealed section 71 to the new section 71AAAB introduced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, ensuring that the approved form remains compliant with the current legislative framework. The approval applies to arriving passengers who need to declare their personal or household effects, and it is effective immediately upon registration of the instrument, thus aligning with the Customs Regulations 1926 as amended.

Key Provisions

The main operative sections of this legislation involve the approval of forms under the Customs Act 1901. Specifically, subsection 4A(1) of the Customs Act (the Act) establishes the framework for what constitutes an approved form, defined as a form that has been approved by the Chief Executive Officer (CEO) of Customs through a written instrument. This approval process is further detailed in subsection 4A(2) of the Act, which specifies that the instrument approving a form is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The form that has been approved in this instance is the "Incoming passenger card" form (No. 15 KOR), as detailed in CEO Instrument No. 34 of 2005. The Act imposes several obligations on the parties it governs. Most notably, it mandates that if a Collector requires information about accompanied personal or household effects of a passenger arriving in Australia, this information must be provided in an approved form or statement, as outlined in regulation 41 of the Customs Regulations 1926. The CEO has approved the Incoming Passenger Cards for this purpose, which must be used by passengers to provide the required information. This requirement applies under the new section 71AAAB of the Act, which replaced the previous subsection 71(1) through the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. Breaches of the provisions outlined in this legislation can lead to various civil or criminal consequences. While the explanatory statement does not detail specific penalties, it is known that under the Customs Act, non-compliance with the requirements for providing information or using approved forms can result in fines and other sanctions. For example, failure to provide the required information about accompanied personal or household effects could lead to financial penalties, and in severe cases, criminal charges. The maximum penalties for breaches of customs regulations can be substantial, reflecting the importance of compliance with these requirements.