EXPLANATORY STATEMENT
CEO Instrument of Approval No. 41 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 41 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Traditional Chinese).
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 Act 1901, enacted by the Commonwealth Parliament, is the primary piece of legislation governing the regulation of goods imported into Australia. This Act was introduced to address the need for a comprehensive framework governing the importation of goods, ensuring compliance with national laws and regulations, and facilitating international trade. One of its significant amendments, the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, aimed to streamline and modernise customs procedures to enhance efficiency and effectiveness in handling imported goods. In line with this modernisation effort, CEO Instrument No. 41 of 2005 was issued to approve the "Unaccompanied Personal Effects Statement" form in Traditional Chinese, facilitating the process for passengers to declare their personal or household effects upon arrival in Australia. This instrument, which does not require prior consultation due to its minor nature, ensures that the form aligns with the updated legislative requirements under section 71AAAB of the Customs Act 1901.
Scope and Application
The CEO Instrument of Approval No. 41 of 2005 applies to the Unaccompanied Personal Effects Statement form (No. B534 (6/00) Traditional Chinese), which is used by passengers arriving in Australia to provide information about their unaccompanied personal or household effects. This form is approved for use under the new section 71AAAB of the Customs Act 1901, which replaced the former section 71 on 19 July 2005 as a result of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The geographic reach of this approval is Australia, as the Customs Act 1901 is a Commonwealth Act. The approval applies to all passengers arriving in Australia who need to declare their unaccompanied personal or household effects. The instrument does not specify any exclusions or exemptions, and it is not apparent that there are any thresholds that need to be met for this form to be applicable. The scope of the Act is not restricted or extended by subordinate instruments in this instance.
Key Provisions
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 amends the Customs Act 1901 by repealing section 71 and introducing new section 71AAAB (subsection 4(1)). This change pertains to the information passengers must provide regarding their unaccompanied personal or household effects upon arrival in Australia. Regulation 41 of the Customs Regulations 1926, which has been updated to align with this new legislative framework, mandates that the required information be submitted in an approved form or statement, specifically an "Unaccompanied Personal Effects Statement." The Chief Executive Officer of Customs has approved this statement, as referenced in CEO Instrument No. 41 of 2005, in Traditional Chinese, among other languages, to facilitate compliance for passengers.
The approved "Unaccompanied Personal Effects Statement" (No. B534 (6/00) Traditional Chinese) serves as a crucial document for passengers declaring their personal or household effects. This form ensures that passengers can provide the necessary information in a standardised manner, complying with the requirements of the new section 71AAAB of the Customs Act 1901. By approving this form, the CEO ensures that arriving passengers can easily and accurately complete their declarations, thereby streamlining the customs process for both the authorities and the passengers.
Entities and individuals governed by this legislation must adhere to the requirements set forth in section 71AAAB and regulation 41 of the Customs Regulations 1926. Passengers arriving in Australia with unaccompanied personal or household effects are obligated to complete and submit the approved "Unaccompanied Personal Effects Statement" when requested by a Collector. Failure to comply with these provisions could result in administrative actions or penalties as stipulated by the Customs Act 1901.
Non-compliance with the requirements to provide information about unaccompanied personal or household effects can lead to civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, the Customs Act 1901 provides for potential sanctions, including fines and other legal actions. The severity of the penalties may depend on the nature and extent of the non-compliance, but it is clear that adherence to the approved form and timely submission of the required information are crucial to avoid any adverse outcomes.