EXPLANATORY STATEMENT
CEO Instrument of Approval No. 44 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 44 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Italian).
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 the Customs Act 1901 and streamline the customs processes in Australia, addressing the need for a more efficient and responsive regulatory framework in the context of international trade. This Act, which was passed by the Australian Parliament, aimed to simplify customs procedures and reduce the administrative burden on both customs officers and importers. One specific gap it addressed was the requirement for passengers to provide information about their unaccompanied personal or household effects, which was previously regulated under section 71 of the Customs Act 1901. The new provisions, introduced through the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, streamlined this process by repealing and replacing section 71 with new section 71AAAB. This change aimed to make the process more efficient while ensuring that customs regulations were effectively enforced.
Scope and Application
The CEO Instrument of Approval No. 44 of 2005 pertains to the Customs Act 1901 and specifically addresses the approval of a form for the declaration of unaccompanied personal or household effects brought into Australia by passengers arriving by ship or aircraft. The Act applies to individuals who are passengers travelling by sea or air and bringing personal or household effects that are not accompanied by them. The approved form, the "Unaccompanied Personal Effects Statement" (No. B534 (6/00) Italian), must be used by these individuals to provide the required information regarding their goods. The geographic and jurisdictional reach of this legislation is nationwide, as it pertains to customs regulations at the national level. There are no exclusions or exemptions specified in the document, and it does not mention any thresholds that would limit its application. The scope of the Act is limited to the use of the approved form as specified by the CEO and does not extend to other types of goods or information beyond unaccompanied personal or household effects of passengers. The Act's application may be further extended or restricted through subordinate instruments, although such extensions or restrictions are not detailed in this particular explanatory statement.
Key Provisions
The primary operative sections of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 pertain to the replacement of section 71 of the Customs Act 1901 with new section 71AAAB (subsection 1(1)). This change involves the redefinition of the requirements for passengers to provide information about their unaccompanied personal or household effects upon arrival in Australia. Specifically, section 71AAAB requires passengers to provide such information in an approved form or statement as specified by the Customs Regulations 1926. Regulation 41 of the Customs Regulations 1926, amended in line with the new legislative changes, mandates that the information must be provided in an approved form or an approved statement if requested by a Collector.
The Customs Act 1901 and its associated regulations impose specific obligations on both passengers and customs officials. Passengers arriving in Australia with unaccompanied personal or household effects are now required to furnish information about these items in an approved form, as defined by the CEO Instrument of Approval No. 44 of 2005. The approved forms, previously used under section 71 of the Act, have been endorsed for use under the new section 71AAAB. Customs officials, on the other hand, are tasked with ensuring that passengers comply with these information-provision requirements by requesting and verifying the approved statements.
Failure to comply with the requirements set out in section 71AAAB of the Customs Act 1901 may result in civil or criminal consequences. The Act does not specify particular offences related to the failure to provide information about unaccompanied personal or household effects, but it falls under the broader framework of the Customs Act, which includes provisions for fines and imprisonment for various breaches. The maximum penalties can vary based on the specific nature of the offence and the discretion of the court, reflecting the severity of non-compliance with customs regulations. Additionally, under the Acts Interpretation Act 1901, instruments such as the CEO Instrument of Approval No. 44 of 2005, which are disallowable instruments, can be subject to parliamentary review, adding another layer of accountability.