EXPLANATORY STATEMENT
CEO Instrument of Approval No. 42 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 42 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) French).
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 address gaps in the Customs Act 1901 regarding the streamlined processing of unaccompanied personal or household effects of passengers. This Act was introduced by the Australian Parliament with the policy objective of modernising and simplifying customs procedures to enhance the efficiency of international trade. One specific issue the Act aimed to resolve was the need for clear and standardised forms for passengers to declare their personal belongings, which was previously managed under section 71 of the Customs Act 1901 and later incorporated into section 71AAAB following the 2001 Act's amendments. CEO Instrument No. 42 of 2005 further operationalises this change by approving a standardised "Unaccompanied Personal Effects Statement" form, ensuring that the process remains consistent and compliant with the updated legislative requirements. This instrument, which does not require consultation as it is of a minor nature, is set to commence on the day after its registration.
Scope and Application
The CEO Instrument No. 42 of 2005 under the Customs Act 1901 pertains to the approval of a specific form, the "Unaccompanied Personal Effects Statement" (No. B534 (6/00) French), for use by individuals arriving in Australia with unaccompanied personal or household effects. This approval aligns with the requirements of section 71AAAB of the Customs Act, which governs the information that must be provided regarding such goods. The approved form is applicable to passengers who bring their personal or household effects into Australia without accompanying them, thereby falling under the purview of the Customs Act's stipulations for unaccompanied goods. The application of this form is confined to the Commonwealth of Australia and is intended for use by passengers entering the country, ensuring compliance with the legislative requirements for the declaration of personal effects. Notably, no consultation was required for this instrument as it is deemed minor and does not significantly change existing arrangements. The instrument's commencement is set for the day following its registration.
Key Provisions
The primary operative sections of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, as referenced in CEO Instrument No. 42 of 2005, are sections 4A and 71AAAB. Section 4A(1) of the Customs Act 1901 (the Act) stipulates that an approved form is one that is approved, by written instrument, by the Chief Executive Officer of Customs (the CEO). This approval is a legislative instrument under paragraph 6(d) of the Legislative Instruments Act 2003. The Act now requires that if a Collector asks for information under section 71AAAB, it must be provided in an approved form or an approved statement. Regulation 41 of the Customs Regulations 1926 has been amended to reflect this change, specifying that the Unaccompanied Personal Effects Statements, previously approved for use under section 71 of the Act, are now approved for section 71AAAB.
The obligations imposed by this legislation on the relevant parties primarily concern the submission of information about unaccompanied personal or household effects. Passengers arriving in Australia must provide details of their unaccompanied personal or household effects in the approved form, as specified by the CEO. This is crucial for ensuring compliance with customs regulations and facilitating the smooth processing of these goods. The approved Unaccompanied Personal Effects Statements, which have been translated into various languages, are intended to assist passengers in fulfilling this requirement.
Failure to comply with the requirements to provide information in the approved form may lead to various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with customs regulations could result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for breaches of customs regulations are detailed elsewhere in the Customs Act 1901, and could include fines and, in more serious cases, imprisonment.
The explanatory statement indicates that no consultation was undertaken before this instrument was made, as it is considered to be of a minor or machinery nature and does not substantially alter existing arrangements. This suggests that the changes are procedural and aimed at ensuring that the requirements for providing information about unaccompanied personal or household effects are clearly and efficiently met. The instrument comes into effect on the day after it is registered.