EXPLANATORY STATEMENT
CEO Instrument of Approval No. 43 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 43 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Greek).
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 customs procedures in Australia, addressing inefficiencies and gaps in the existing regulatory framework. This legislation, introduced by the Australian Parliament, aimed to facilitate international trade by simplifying customs processes and enhancing the efficiency of customs operations. Specifically, it sought to address the need for updated and streamlined procedures concerning the declaration of unaccompanied personal or household effects by passengers arriving in Australia. CEO Instrument of Approval No. 43 of 2005, issued under the authority of the Customs Act 1901, further supports these objectives by approving the use of "Unaccompanied Personal Effects Statement" forms in various languages, ensuring that arriving passengers can easily and accurately declare their personal effects in compliance with the modernised customs requirements. The instrument, which does not require consultation due to its minor nature, will take effect on the day following its registration.
Scope and Application
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, as referenced in the CEO Instrument of Approval No. 43 of 2005, pertains to the approval of specific forms under the Customs Act 1901. The Act applies to individuals and entities involved in the importation of goods into Australia, particularly focusing on the unaccompanied personal or household effects of passengers arriving by ship or aircraft. The geographic scope of the Act is national, as it governs customs procedures across Australia. The Act mandates that such information must be provided in an approved form, as specified in the Customs Regulations 1926, and the CEO has approved the "Unaccompanied Personal Effects Statement" form for use under the new section 71AAAB. This form is available in multiple languages, facilitating compliance for a diverse range of passengers. Notably, the CEO Instrument No. 43 of 2005, which approves the Greek version of the form (No. B534 (6/00) Greek), comes into effect on the day after its registration, thereby ensuring timely application of the legislative requirements.
Key Provisions
The primary operative sections of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 (section 71AAAB) and the Customs Regulations 1926 (regulation 41) address the information requirements for passengers who are bringing unaccompanied personal or household effects into Australia. These provisions mandate that such information must be provided either in an approved form or in an approved statement, when requested by a Collector. The approved form in question is the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Greek), which has been approved by the Chief Executive Officer (CEO) of Customs for use under section 71AAAB of the Act. This form is available in multiple languages, facilitating ease of use for non-English speaking passengers.
The Act imposes specific obligations on the parties it governs. Under section 71AAAB of the Customs Act 1901, passengers are required to provide information about their unaccompanied personal or household effects if requested by a Collector. This information must be furnished in the approved form or statement, as detailed in regulation 41 of the Customs Regulations 1926. The CEO’s approval of the Unaccompanied Personal Effects Statement form ensures that it meets the legal requirements for providing such information. Furthermore, the Act stipulates that the information must be given at the time and in the manner specified by the regulations, thereby formalising the process for passengers to declare their personal or household effects.
Failure to comply with the provisions outlined in the Act and regulations can lead to civil or criminal consequences. Although the Explanatory Statement does not explicitly mention penalties, the Customs Act 1901 generally includes provisions for penalties for non-compliance. These can include fines and, in severe cases, imprisonment. The specific penalties for breaching the requirements to provide information about unaccompanied personal or household effects would depend on the severity and intent of the breach, as well as any relevant case law or additional regulations. Given that the CEO’s approval of the Unaccompanied Personal Effects Statement form is crucial for compliance, not using the approved form or failing to provide the required information could result in enforcement actions by Customs.