EXPLANATORY STATEMENT
CEO Instrument of Approval No. 40 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 40 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Chinese Simplified).
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 the customs regulations in Australia, addressing issues related to the efficiency and effectiveness of customs processes. The Act was introduced by the Parliament of Australia and its policy objective was to facilitate international trade by updating the legal framework governing customs. The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 replaced section 71 of the Customs Act 1901 with new section 71AAAB, which introduced a new requirement for passengers to provide information about their unaccompanied personal or household effects. This change was implemented through the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 and subsequently incorporated into the Customs Regulations 1926 via Regulation 41. The Chief Executive Officer of Customs approved the Unaccompanied Personal Effects Statements for use under the new section, ensuring that passengers can continue to provide the necessary information in an approved form.
Scope and Application
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 and subsequent amendments to the Customs Regulations 1926 regulate the procedures for the importation of personal or household effects by passengers in Australia. Specifically, the Act and its associated regulations apply to passengers arriving in Australia with unaccompanied personal or household effects, requiring them to provide information about these goods to a Collector. The scope of the Act extends to ensuring that this information is provided in an approved form, which has been designated by the Chief Executive Officer of Customs. The approved forms, such as the Unaccompanied Personal Effects Statements, are available in multiple languages to cater to a diverse range of passengers. The geographic reach of this legislation is national, applying uniformly across Australia. There are no exclusions or exemptions explicitly stated within the provided text, implying that all passengers arriving with unaccompanied personal or household effects are subject to the requirements of the Act. Additionally, the Act's application may be further extended or refined through subordinate instruments, although no such instruments are detailed in the provided text. The instrument of approval for these forms by the CEO is a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. The instrument came into effect on the day following its registration.
Key Provisions
The CEO Instrument of Approval No. 40 of 2005, issued under the Customs Act 1901, pertains to the approval of a specific form for use in customs procedures. Under section 4A(1) of the Act, the Chief Executive Officer (CEO) of Customs is authorised to approve certain forms, which then become known as approved forms. This instrument confirms the approval of the "Unaccompanied Personal Effects Statement" form, also known as Form B534 (6/00) in Chinese Simplified, for use in providing information about unaccompanied personal or household effects of passengers entering Australia (subsection 4A(1)). This approval is necessary because these forms are considered legislative instruments under paragraph 6(d) of the Legislative Instruments Act 2003.
The obligations imposed by this Act and the accompanying regulations require that if a Collector of Customs requires information under section 71AAAB of the Customs Act 1901, this information must be provided using the approved form or an approved statement. Specifically, the form approved in this instrument is intended for use by passengers who need to declare their unaccompanied personal or household effects. This requirement is a direct consequence of the repeal and replacement of section 71 of the Act by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. Regulation 41 of the Customs Regulations 1926, amended in line with this change, now mandates the use of these approved forms.
Failure to comply with the requirements set out in the Act and the regulations, including the obligation to use the approved form for providing information about unaccompanied personal or household effects, can result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, the Customs Act 1901 and associated regulations do provide for various sanctions, including fines and imprisonment, depending on the severity of the breach. The approved form itself, being a legislative instrument, is subject to the disallowance process as outlined in section 46A of the Acts Interpretation Act 1901. The instrument comes into effect on the day after it is registered, as stipulated in the legislative framework.