EXPLANATORY STATEMENT
CEO Instrument of Approval No. 38 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 38 of 2005 approves the “Incoming passenger card” form (No. 15 VIE (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 Australia's customs legislation and align it with international trade practices. This Act aimed to address the need for streamlined and efficient customs processes to facilitate international trade while ensuring compliance with customs regulations. The Customs Act 1901, amended by this legislation, is administered by the Parliament of Australia with the overarching policy objective of enhancing the effectiveness of customs administration and reducing administrative burdens on importers and exporters. One significant change introduced by this Act was the repeal and replacement of section 71 of the Customs Act 1901, which concerned the information requirements for accompanied personal or household effects of passengers. The new section 71AAAB, which took effect on 19 July 2005, outlines the updated requirements for passengers to provide information regarding their personal or household effects, specifying the use of approved forms as mandated by regulation 41 of the Customs Regulations 1926.
Scope and Application
The Customs Act 1901, as amended by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, governs the requirements for passengers to provide information regarding their accompanied personal or household effects when entering Australia. This applies specifically to individuals arriving by ship or aircraft. The Act mandates that any required information must be provided in an approved form or statement, as outlined in Regulation 41 of the Customs Regulations 1926. The Chief Executive Officer of Customs has approved the "Incoming passenger card" form (No. 15 VIE) for this purpose, which has been updated to comply with the new legislative requirements. The approval process is detailed in CEO Instrument No. 38 of 2005, which is a legislative instrument under the Legislative Instruments Act 2003. The instrument comes into effect on the day after it is registered. This legislation applies nationally across Australia, with no exclusions or exemptions specified in this particular instrument.
Key Provisions
The primary operative sections of this legislation, F2005L02477, pertain to the approval of a specific form under the Customs Act 1901. Specifically, subsection 4A(1) defines an approved form as one that has been approved by the Chief Executive Officer of Customs through a written instrument. Subsection 4A(2) further clarifies that such an instrument is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This instrument, CEO Instrument No. 38 of 2005, approves the "Incoming passenger card" form (No. 15 VIE (Design date 03/05)) for use under section 71AAAB of the Act.
The obligations and requirements imposed by this Act primarily concern the provision of information regarding accompanied personal or household effects of passengers. Under the revised section 71AAAB of the Customs Act 1901, passengers are required to provide such information to a Collector, who may request it. This information must be provided in an approved form or an approved statement, as stipulated in regulation 41 of the Customs Regulations 1926. The approved form, the "Incoming passenger card," is now endorsed for use under section 71AAAB, continuing its prior use under the repealed section 71. The CEO has approved these cards in various languages to facilitate their use by arriving passengers.
In terms of potential offences and penalties for breach, the Act does not explicitly detail specific penalties for failing to comply with the new requirements. However, failure to provide the required information in the approved form or statement could potentially lead to administrative or regulatory consequences. The seriousness of such consequences would depend on the context and the specific circumstances of the non-compliance. Generally, under the Customs Act 1901, non-compliance with customs regulations can lead to fines, detention of goods, or other enforcement actions. It is essential for passengers and stakeholders to adhere to the approved form requirements to avoid any potential legal or administrative repercussions.