EXPLANATORY STATEMENT
CEO Instrument of Approval No. 4 of 2009
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 Instruments 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). Despite being exempt from formal import entry requirements, subsection 71AAAB(1) of the Act provides that the owner of such goods must, in the circumstances specified in the regulations, provide, under section 71, the information specified in the regulations at the time and in the manner and form specified in the regulations.
Regulation 41 of the Customs Regulations 1926 provides that if a Collector requires information under subsection 71AAAB(1) of the Act, then it must be provided in an approved form or an approved statement.
Instrument
CEO Instrument No. 4 of 2009 approves the "Incoming passenger card" form (No. 15 VIE (Design date 11/09)) as the approved form for the purposes of providing, in the Vietnamese language, information required under subsection 71AAAB(1) of the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft.
The main changes from the previously approved "Incoming passenger card" form include:
a) the inclusion in Question 1 of 'pornography' as a good that may be prohibited or subject to restrictions. Including an express reference to 'pornography' is intended to enhance the interception of prohibited pornography at the border by making passengers aware that pornography may be a prohibited import;
b) the inclusion, at the end of Question 5, of a Note which warns passengers that they may be required to report travellers cheques, money orders or other bearer negotiable instruments of any amount if asked to do so by a customs or police officer; and
c) the inclusion of Central America and the Caribbean in Question 11. Question 11 relates to identifying passengers who may have been exposed to Yellow Fever.
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 on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901 was enacted to regulate the importation and exportation of goods in Australia, including the collection of duties and taxes. A gap identified was the need for a streamlined process for incoming passengers to declare certain personal or household effects. To address this, CEO Instrument of Approval No. 4 of 2009 was introduced by the Chief Executive Officer of Customs, as an approved form for passengers to provide necessary information regarding their accompanied personal or household effects in the Vietnamese language. This approval aims to facilitate compliance with the Act by ensuring that the required information is provided in a specified manner and form, thereby enhancing border security and efficiency. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements, as outlined in the Legislative Instruments Act 2003.
Scope and Application
The CEO Instrument of Approval No. 4 of 2009, issued under the Customs Act 1901, approves a specific form for the purpose of collecting information related to accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This form, known as the "Incoming passenger card" (No. 15 VIE), is designed to comply with the statutory requirement that the owner of such goods must provide certain information as specified in the regulations. The approved form is intended to ensure that passengers are aware of the types of goods that may be prohibited or restricted, such as pornography, and are informed of their potential obligations to report financial instruments like travellers cheques or money orders if requested by a customs or police officer. Furthermore, the form has been updated to include references to Central America and the Caribbean in relation to Yellow Fever exposure, thereby enhancing the effectiveness of health and customs controls at the border. The instrument applies to all persons entering Australia with accompanied personal or household effects and is a legislative instrument under the Legislative Instruments Act 2003. It does not require consultation as it is considered a minor change and does not substantially alter existing arrangements. The instrument will take effect from the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument of Approval No. 4 of 2009 under the Customs Act 1901, as detailed in the explanatory statement, pertains to the approval of a specific form for use in the importation process. Specifically, section 4A(1) of the Customs Act 1901 outlines that an approved form is one that has been approved by the Chief Executive Officer of Customs through a written instrument. This approved form is essential for certain types of imported goods, particularly accompanied personal or household effects of passengers arriving via ship or aircraft, which are exempt from formal entry requirements but still necessitate the provision of information as specified by regulation (subsection 71AAAB(1)). Regulation 41 of the Customs Regulations 1926 further stipulates that this information must be provided in an approved form or statement when requested by a Collector.
The obligations imposed by this legislation on the parties involved are primarily concerned with the timely and accurate provision of information regarding imported goods. Owners of accompanied personal or household effects are required to provide the necessary information in the approved form when requested by customs authorities. This includes details such as whether the goods include prohibited items such as pornography, as specified in the updated "Incoming passenger card" form, and whether the passenger has been exposed to Yellow Fever. The form also includes a warning note about the potential requirement to report bearer negotiable instruments if requested by customs or police officers.
Failure to comply with the requirements set forth in the Act and the regulations could result in civil or criminal consequences. While the explanatory statement does not explicitly detail penalties for non-compliance, it is reasonable to infer that breaches of customs regulations could lead to penalties as outlined in the Customs Act 1901. These penalties could include fines, seizure of goods, or other enforcement actions. The absence of specific penalties in this explanatory statement implies that the general provisions of the Customs Act and associated regulations apply, where penalties can be significant depending on the severity and nature of the breach.