EXPLANATORY STATEMENT
CEO Instrument of Approval No. 45 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On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.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. 45 of 2005 approves the “Unaccompanied Personal Effects Statement” form (No. B534 (6/00) Japanese).
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 the need for streamlined and modernised customs regulations within Australia. This Act, passed by the Parliament of Australia, aimed to enhance the efficiency and effectiveness of customs procedures, particularly in relation to the import of goods. One of the specific changes introduced by this Act was the replacement of section 71 of the Customs Act 1901 with new section 71AAAB, which revises the requirements for passengers to provide information about their unaccompanied personal or household effects when entering Australia. This shift is part of a broader policy objective to modernise international trade practices and facilitate smoother customs processes. The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 ensures that the necessary forms and procedures are up-to-date and aligned with modern trade requirements, thereby improving the overall customs experience for both passengers and customs officials.
Scope and Application
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 amends the Customs Act 1901 to modernise and streamline international trade practices, particularly in relation to unaccompanied personal or household effects of passengers arriving into Australia. The Act applies to individuals who are passengers arriving in Australia, whether by ship or aircraft, who are required to declare their unaccompanied personal or household effects. This requirement is detailed under section 71AAAB of the Customs Act, which mandates that such information must be provided in an approved form or statement as specified by regulation. The CEO Instrument No. 45 of 2005 approves the "Unaccompanied Personal Effects Statement" form in multiple languages, including Japanese (form No. B534 (6/00)), for use under this provision. The geographic scope of this legislation is national, applying across Australia. The Act does not extend or restrict application through subordinate instruments beyond the approved forms specified in the regulations. The CEO Instrument No. 45 of 2005 is a minor or machinery instrument and therefore did not require consultation as per section 17 of the Legislative Instruments Act 2003. The instrument commences on the day after it is registered.
Key Provisions
The main operative sections of this legislation, specifically CEO Instrument of Approval No. 45 of 2005, pertain to the approval of an "Unaccompanied Personal Effects Statement" form (No. B534 (6/00) Japanese) under subsection 4A(1) of the Customs Act 1901 (the Act). This form has been approved for use by arriving passengers to provide information about their unaccompanied personal or household effects. The approval is made under the authority granted by the Act and aligns with the requirements set out in new section 71AAAB of the Customs Act 1901, which replaced the previous subsection 71(1). The approved form must be used when a Collector requires information under section 71AAAB, as stipulated in regulation 41 of the Customs Regulations 1926.
This Act imposes certain obligations on the parties it governs, primarily on arriving passengers who have unaccompanied personal or household effects. Passengers are now required to provide information about these goods in an approved form, specifically the "Unaccompanied Personal Effects Statement" approved by the Chief Executive Officer of Customs. This requirement ensures that the information provided is in a standardised format, facilitating the processing and compliance with customs regulations. The approved form is available in multiple languages, including Japanese, to accommodate a diverse range of passengers.
Breaches of the requirements outlined in this Act can lead to various civil and criminal consequences. While the explanatory statement does not detail specific penalties, under the Customs Act 1901, failure to comply with customs regulations can result in significant penalties. For instance, knowingly making a false statement or providing incorrect information can lead to fines and, in severe cases, criminal charges. The maximum penalties for such offences can be substantial, reflecting the seriousness with which customs regulations are enforced. It is important for passengers to accurately complete the approved form to avoid any potential legal repercussions.