Customs Act 1901 - CEO Instrument of Approval No. 4 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01749 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 4 of 2012

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 2012 approves the "Incoming passenger card" form (No. 15 CHT (Design date 09/12)) as the approved form for the purposes of providing, in the traditional Chinese 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 change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

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.

Commencement

The instrument commences on 1 September 2012.

 

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 4 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 4 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the traditional Chinese 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

The Incoming Passenger Card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the Incoming Passenger Card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The Incoming Passenger Card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The Customs Act 1901, enacted by the Australian Parliament, governs the regulation and control of goods imported into Australia, with the aim of ensuring efficient customs administration and protecting national interests. CEO Instrument of Approval No. 4 of 2012, which was approved by the Chief Executive Officer of Customs, addresses the need for a standardised form to collect information on accompanied personal or household effects of passengers arriving by ship or aircraft. This instrument updates the previously approved "Incoming passenger card" form to reflect the recent reduction in duty-free allowances for tobacco products. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements, and it commenced on 1 September 2012. The compatibility statement asserts that the instrument aligns with human rights as recognised in international instruments, ensuring that the collection of personal information for customs purposes does not infringe on privacy rights.

Scope and Application

CEO Instrument No. 4 of 2012 pertains to the approval of a specific form under the Customs Act 1901, applying to passengers arriving in Australia by ship or aircraft who are required to declare their accompanied personal or household effects. This instrument is applicable to the Commonwealth level and directly involves individuals and entities such as passengers, airlines, and shipping companies. It modifies the previously approved "Incoming passenger card" form to reflect a reduction in the duty-free allowance for tobacco products from 250 cigarettes or 250 grams to 50 cigarettes or 50 grams, effective from 1 September 2012. The instrument ensures that the form, now in traditional Chinese, aligns with the regulatory requirements for providing necessary information under the Customs Act. Notably, this legislative instrument does not require consultation as it is classified as minor and does not significantly alter existing arrangements. Furthermore, it has been assessed for compatibility with human rights, confirming that it does not engage or limit any human rights, particularly the right to privacy, as the information collection and use are authorized and regulated by Australian law.

Key Provisions

CEO Instrument No. 4 of 2012 focuses on the approval of the "Incoming passenger card" form, which is used for providing information in traditional Chinese about certain imported goods. Specifically, this form pertains to the accompanied personal or household effects of a passenger of a ship or aircraft (subsection 71AAAB(1) of the Customs Act 1901). The card is designed to comply with the legal requirement that passengers provide certain information when entering Australia with specific goods. This form has been updated to reflect the new duty-free allowance for tobacco products, reducing the amount from 250 cigarettes or 250 grams of tobacco to 50 cigarettes or 50 grams, effective from 1 September 2012. The obligations imposed by this legislation require passengers to fill out the "Incoming passenger card" accurately and truthfully when entering Australia with specific goods. This includes providing personal information such as name, date of birth, passport number, and intended address in Australia. The form must be completed in traditional Chinese, as approved by the Chief Executive Officer of Customs. This requirement ensures that the information is provided in a language that is accessible to the relevant demographic, facilitating compliance with customs, quarantine, and other regulatory requirements. Failure to comply with the requirements of this form may result in penalties or other consequences under Australian law. Although specific penalties are not detailed in the explanatory statement, non-compliance with customs regulations generally can lead to fines, detention of goods, or other enforcement actions. The information collected is used to enforce various laws, including those related to customs, quarantine, statistics, health, wildlife, and currency. Therefore, providing false or incomplete information can lead to civil or criminal consequences, depending on the severity of the breach. The instrument also ensures that the collection of personal information complies with human rights standards, particularly the right to privacy under Article 17 of the International Covenant on Civil and Political Rights. Passengers are informed about the purposes for which their information is collected, the agencies that will receive this information, and their rights regarding the protection of their personal data. The use of this form is authorised by law, and existing protections for personal information are not diminished by this instrument. Overall, this legislative instrument aims to facilitate compliance with Australian customs regulations while respecting human rights.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.