EXPLANATORY STATEMENT
CEO Instrument of Approval No. 39 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 unaccompanied 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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 unaccompanied 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, Unaccompanied Personal Effects Statements, in a number of languages, which are used by arriving passengers to provide information about the passengers unaccompanied personal or household effects.
The CEO has now approved the same Unaccompanied Personal Effects Statements for the purposes of new section 71AAAB of the Act.
CEO Instrument No. 39 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Arabic).
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 and streamline Australia's customs legislation, addressing the need for efficient and effective customs processes that align with international trade practices. This Act was introduced by the Parliament of Australia to overhaul and rationalise the Customs Act 1901, ensuring that it meets contemporary trade requirements while maintaining robust border security and revenue collection mechanisms. One of the specific changes introduced by the Act was the amendment to section 71, which was repealed and replaced to better regulate the information required from passengers regarding their unaccompanied personal or household effects.
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 aimed to simplify customs procedures by updating and consolidating existing laws, thus facilitating smoother international trade and reducing administrative burdens. This legislative reform was crucial in addressing gaps in the previous customs framework, ensuring that Australia's customs procedures are both efficient and aligned with modern trade practices.
Scope and Application
The Customs Act 1901, as amended, applies to individuals and entities involved in the importation of goods into Australia, particularly concerning the declaration of unaccompanied personal or household effects of passengers arriving by ship or aircraft. The Act extends across the Commonwealth and its territories, enforcing the regulations related to customs and border control. The Act requires passengers to provide information about their unaccompanied personal or household effects in an approved form, as specified under section 71AAAB. This requirement is facilitated through the use of an approved "Unaccompanied Personal Effects Statement" form, which the Chief Executive Officer of Customs has authorised for use in multiple languages, including Arabic. The instrument of approval for these forms, CEO Instrument No. 39 of 2005, aligns with the legislative changes introduced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The approved forms are considered legislative instruments under the Legislative Instrument Act 2003, and this approval process is integral to ensuring compliance with the customs regulations as outlined in the Customs Regulations 1926.
Key Provisions
The primary operative sections of the legislation pertain to the approval of forms for customs purposes under the Customs Act 1901. Specifically, subsection 4A(1) (1) defines an approved form as one that is approved by the Chief Executive Officer of Customs through a written instrument. This approval process is detailed in subsection 4A(2) (2), which specifies that such instruments are disallowable under section 46A of the Acts Interpretation Act 1901. Furthermore, under paragraph 6(d) (3) of the Legislative Instruments Act 2003, these approved forms are considered legislative instruments. The legislation also addresses the requirement for passengers to provide information about their unaccompanied personal or household effects when entering Australia. This requirement, previously outlined in subsection 71(1) (4) of the Act, has been repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, with the new requirement found in section 71AAAB (5).
The Act imposes obligations and requirements on passengers entering Australia with unaccompanied personal or household effects. Under section 71AAAB (5) of the Customs Act 1901, passengers must provide information about these goods in an approved form or statement, as specified in regulation 41 (6) of the Customs Regulations 1926. The Chief Executive Officer of Customs has approved Unaccompanied Personal Effects Statements in various languages for this purpose. This requirement ensures that passengers comply with the customs regulations by providing the necessary information in a format approved by the CEO.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching the requirements under section 71AAAB (5) of the Customs Act 1901. However, the general principles of the Customs Act and associated regulations imply that failure to comply with customs requirements could result in penalties. For example, providing false or misleading information could lead to civil or criminal penalties under other sections of the Customs Act. The approved forms, such as the Unaccompanied Personal Effects Statements, are intended to ensure compliance and avoid such penalties by standardising the information provided. The instrument, CEO Instrument No. 39 of 2005, commences on the day after it is registered, and no consultation was undertaken as it is considered a minor or machinery nature under section 17 (7) of the Legislative Instruments Act 2003.