EXPLANATORY STATEMENT
CEO Instrument of Approval No. 36 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 36 of 2005 approves the “Incoming passenger card” form (No. 15 SPA (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 international trade practices by amending and repealing certain sections of the Customs Act 1901. This Act was introduced to address the need for updated regulations to streamline and facilitate the process of importing accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. The objective of this legislation is to ensure that the customs process is efficient while maintaining the necessary regulatory oversight. The Customs Act 1901, administered by the Parliament of Australia, was updated to reflect these changes through the introduction of new sections such as 71AAAB, which replaced the previous subsection 71(1). This modern approach ensures that the regulations are in line with current international trade practices and requirements.
Scope and Application
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, which includes CEO Instrument of Approval No. 36 of 2005, applies to individuals and entities involved in the importation of goods into Australia. Specifically, it pertains to passengers arriving by ship or aircraft who bring accompanied personal or household effects into the country. These individuals are required to provide information about these items as specified in the Act. The scope of the Act is national, as it applies across Australia under the Commonwealth jurisdiction. The Act amends the Customs Act 1901 by replacing the previous requirement for providing information on accompanied personal or household effects with a new provision in section 71AAAB. This section mandates that such information must be provided in an approved form or statement. The approved form, referred to as the "Incoming passenger card," has been approved by the Chief Executive Officer of Customs and is available in multiple languages to accommodate arriving passengers. The instrument does not exclude any specific persons or entities but applies generally to all passengers arriving with personal or household effects. The geographic reach is nationwide, and the Act's provisions are enforced by the Customs service in accordance with the regulations set out in the Customs Regulations 1926, which have been amended to reflect the new requirements. The instrument, being of a minor or machinery nature, did not require consultation under the Legislative Instruments Act 2003 before its enactment.
Key Provisions
The key provisions of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, as amended by CEO Instrument of Approval No. 36 of 2005, centre around the use of approved forms for providing information about accompanied personal or household effects of passengers arriving in Australia. Section 71AAAB of the Customs Act 1901 (the Act) now specifies that passengers must provide certain information about their accompanied personal or household effects if required by a Collector. This requirement replaces the previous regime under section 71, which was repealed and replaced on 19 July 2005. The approved form for this purpose is the "Incoming passenger card" (No. 15 SPA), which the Chief Executive Officer (CEO) of Customs has approved under section 4A(1) of the Act.
The Act imposes obligations on passengers arriving in Australia to provide the specified information in an approved form when requested by a Collector. This includes the completion of an Incoming Passenger Card if required. The CEO has approved this form in various languages to cater to different passenger demographics. The regulations, specifically regulation 41 of the Customs Regulations 1926, stipulate that the information must be provided in an approved form or approved statement, which, in this context, is the Incoming Passenger Card.
Breaches of the requirements under section 71AAAB of the Act may lead to civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is understood that penalties for breaches of the Customs Act can include fines and, in severe cases, imprisonment. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the broader provisions of the Act and any applicable regulations. It is important for passengers to adhere to these requirements to avoid any potential legal repercussions.