EXPLANATORY STATEMENT
CEO Instrument of Approval No. 35 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 35 of 2005 approves the “Incoming passenger card” form (No. 15 MLY (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 was enacted to modernise the legislative framework governing customs in Australia, aiming to streamline international trade processes and improve efficiency. The Act was introduced by the Australian Parliament and seeks to address the need for updating and simplifying customs regulations to facilitate smoother trade operations. One of the specific changes made by this Act was the repeal of subsection 71(1) of the Customs Act 1901, which previously outlined the requirements for passengers to provide information about their accompanied personal or household effects upon entering Australia. The Act introduced new provisions in section 71AAAB to replace the repealed section, with the Customs Regulations 1926 being subsequently amended to align with these changes. CEO Instrument No. 35 of 2005, which was issued under the authority of the Customs Act 1901, approved the "Incoming passenger card" form to be used by passengers for providing the necessary information, ensuring continuity in the customs process despite the legislative amendments.
Scope and Application
The Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, governs the importation of goods into Australia and the information required from passengers regarding their accompanied personal or household effects. Specifically, section 71AAAB of the Act now outlines the requirements for passengers to provide information about their accompanied personal or household effects. This information must be provided in an approved form or an approved statement as stipulated under regulation 41 of the Customs Regulations 1926. The Chief Executive Officer of Customs has approved the “Incoming passenger card” form (No. 15 MLY (Design date 03/05)) for this purpose, ensuring that the information is collected in a standardised and approved format. This approval, detailed in CEO Instrument No. 35 of 2005, applies to all incoming passengers required to provide details about their accompanied personal or household effects. The instrument, which is of a minor or machinery nature, does not require consultation and commenced on the day after its registration.
Key Provisions
The primary operative sections of the legislation, F2005L02468, focus on the approval of forms under the Customs Act 1901. Specifically, subsection 4A(1) defines an approved form as one that is approved by the Chief Executive Officer of Customs (CEO) through a written instrument. This approval process is detailed in subsection 4A(2), which states that the instrument of approval is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Paragraph 6(d) of the Legislative Instruments Act 2003 further classifies approved forms as legislative instruments. These sections set the legal framework for the approval and use of specific forms by Customs.
The Act imposes certain obligations on parties and entities it governs, particularly regarding the submission of information about accompanied personal or household effects of passengers. Under the new section 71AAAB, passengers are required to provide information about such goods in an approved form or statement, as stipulated in regulation 41 of the Customs Regulations 1926. The CEO has approved the Incoming Passenger Cards, which are used by arriving passengers to report their personal or household effects. These cards are available in multiple languages, facilitating compliance by passengers from various backgrounds.
The legislation also delineates specific consequences and penalties for breaches of its provisions. Although the explanatory statement does not detail specific penalties, the general framework under the Customs Act 1901 and related regulations typically includes fines, imprisonment, or both, depending on the severity of the breach. Non-compliance with requirements to provide information in the approved form could potentially lead to these penalties, reinforcing the importance of adherence to the specified procedures.
In summary, the operative sections of the legislation provide a clear framework for the approval and use of specific forms under the Customs Act 1901. They impose obligations on passengers to report their accompanied personal or household effects using the approved Incoming Passenger Cards. The consequences for non-compliance are significant, typically involving financial penalties or imprisonment, underscoring the importance of adhering to the legislative requirements.