EXPLANATORY STATEMENT
CEO Instrument of Approval No. 4 of 2010
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 (CEO). Subsection 4A(2) of the Act provides that the instrument by which a form is approved by the CEO 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 2010 approves the "Incoming passenger card" form (No. 15 ARA (Design date 11/10)) as the approved form for the purposes of providing, in the Arabic 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 change from the previously approved "Incoming passenger card" form involves the inclusion in Question 1 of the word ‘illegal’ immediately before the word 'pornography.’ The “Incoming passenger form” as it currently reads includes all pornography. By including an express reference to 'illegal pornography' is intended to clarify the type of pornography that must be declared.
Consultation
Consultation was not required under section 17 of the Legislative Instruments Act 2003 as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements. However, Customs and Border Protection has consulted with key stakeholders including Classification Operations Branch of the Attorney-General’s Department and the key association representing the Australian adult retailers and entertainment industry about the preferred approach to amending the wording of the IPC to clarify the type of pornography to be declared on arrival.
Commencement
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901, enacted by the Australian Parliament, governs the import and export of goods into and out of Australia, including the processes for entry, assessment, and clearance of goods. To address the need for clarity and specificity in the forms used for providing information about imported goods, the Customs (Incoming Passenger Card) Instrument 2010 was introduced. This instrument, approved by the Chief Executive Officer of Customs, aims to provide a clear and precise form for incoming passengers to declare their accompanied personal or household effects. The policy objective is to ensure that the information provided by passengers is accurate and includes the necessary details, particularly concerning the type of goods being imported, such as clarifying the need to declare illegal pornography. This instrument represents a minor amendment to the existing "Incoming passenger card" form, focusing on enhancing the clarity and specificity of the information required.
Scope and Application
The CEO Instrument No. 4 of 2010, under the Customs Act 1901, pertains specifically to the approved forms required for the declaration of information related to accompanied personal or household effects of passengers arriving via ship or aircraft into Australia. This instrument is applicable to the owners of such goods who are subject to the requirement of providing information as per subsection 71AAAB(1) of the Act. It specifies that this information must be provided in an approved form, in this case, the "Incoming passenger card" form in Arabic, which has been updated to include the term ‘illegal’ before 'pornography' in Question 1. This minor amendment aims to clarify the type of pornography that must be declared upon arrival. The instrument does not require consultation as it is deemed minor and does not substantially alter existing arrangements, although it has been discussed with relevant stakeholders to ensure clarity and compliance with the law.
Geographically, this instrument operates under the Commonwealth jurisdiction, applying across Australia as part of the Customs Act 1901. The geographic reach of this Act and the corresponding instrument is national, encompassing all persons and entities involved in the import of accompanied personal or household effects. The exclusion from formal entry requirements does not exempt these goods from the need to provide the specified information, ensuring that the law remains comprehensive in its application. The instrument becomes effective on the day it is registered on the Federal Register of Legislative Instruments, reinforcing its binding nature on all relevant parties.
Key Provisions
The CEO Instrument of Approval No. 4 of 2010, under the Customs Act 1901, establishes an approved form for the purpose of providing information in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This form, referred to as the "Incoming passenger card" form (No. 15 ARA (Design date 11/10)), has been approved in the Arabic language for use in specifying the required information under subsection 71AAAB(1) of the Act. This approval is pivotal as it ensures that the form used aligns with the legislative requirements, facilitating compliance and the smooth processing of personal or household effects brought into Australia by passengers.
Entities governed by this Act, such as passengers importing personal or household effects, are obligated to complete the approved form in Arabic, if applicable, and provide the specified information at the required times and in the prescribed manner. This requirement is crucial for maintaining compliance with the import regulations, ensuring that all necessary declarations are made accurately and promptly. Failure to comply with these obligations could lead to delays in processing or potential legal consequences, such as fines or penalties.
Should a party or entity fail to comply with the obligations imposed by the Act and the regulations, there may be significant consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is known that breaches of customs regulations can lead to civil or criminal penalties. Under the Customs Act 1901, penalties for breaches can include fines and, in more severe cases, imprisonment. The maximum penalties are not explicitly stated in the explanatory statement but typically depend on the severity and intent of the breach. It is essential for entities to understand and adhere to the requirements to avoid these potential legal repercussions.