Overview

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, enacted in 2001, was introduced to modernise Australia’s customs legislation, aligning it with contemporary international trade practices. This Act aimed to streamline and improve the efficiency of customs processes, including the management of unaccompanied personal or household effects of passengers entering Australia. One aspect of this reform involved the replacement of section 71 of the Customs Act 1901 with new provisions, specifically section 71AAAB, to update the requirements for passengers to provide information about their unaccompanied personal or household effects. This change sought to ensure that customs procedures were clear, accessible, and in line with best practices. CEO Instrument No. 46 of 2005, which approves the "Unaccompanied Personal Effects Statement" form (No. B534 (6/00) Russian), was made under the authority of the Customs Act 1901 and the Legislative Instruments Act 2003. The instrument, which does not require consultation due to its minor nature, ensures that the approved form meets the requirements of the updated section 71AAAB of the Act. This approval facilitates the collection of necessary information from passengers in a standardised and approved manner, thereby supporting the smooth operation of customs procedures and compliance with the modernised customs legislation. The instrument is set to commence on the day after its registration.

Scope and Application

The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 modifies the Customs Act 1901 by introducing new requirements for the provision of information regarding unaccompanied personal or household effects of passengers arriving in Australia. This legislation applies to individuals who import such goods, specifically focusing on passengers entering Australia by ship or aircraft, who must provide certain information about their unaccompanied personal or household effects. The application of this Act is national, as it pertains to all states and territories within Australia. The approved form for submitting this information, the Unaccompanied Personal Effects Statement, has been recognised under section 71AAAB of the Act, replacing the previous requirements stipulated in section 71. Regulation 41 of the Customs Regulations 1926 has been amended to reflect this change, necessitating the use of an approved form or statement for the provision of required information. The instrument of approval for the Unaccompanied Personal Effects Statement, CEO Instrument No. 46 of 2005, specifies that the form is approved for use under the new legislative framework and comes into effect on the day after it is registered.

Key Provisions

The Customs Act 1901 (the Act) includes provisions that define and govern the use of approved forms. Section 4A(1) identifies an approved form as one that is approved in writing by the Chief Executive Officer of Customs (CEO) and section 4A(2) provides that the instrument by which a form is approved is a disallowable instrument under the Acts Interpretation Act 1901. These approved forms are considered legislative instruments under the Legislative Instruments Act 2003. Of particular relevance to the Unaccompanied Personal Effects Statement, section 71AAAB requires passengers to provide information about their unaccompanied personal or household effects when entering Australia. The form that must be used for this information is approved under regulation 41 of the Customs Regulations 1926 and has been amended to reflect changes made to section 71 of the Act. The CEO is responsible for approving the forms that are to be used for providing information under section 71AAAB of the Act. This responsibility includes approving the Unaccompanied Personal Effects Statements in various languages, as outlined in regulation 41 of the Customs Regulations 1926. The approval of these forms ensures that the information required by passengers is provided in a standardised and approved manner, facilitating the customs clearance process. The CEO's role is crucial in maintaining the integrity and efficiency of the customs process by ensuring that the correct forms are used and that they meet the legislative requirements. Failure to comply with the requirements of the Customs Act 1901 and the associated regulations can result in various consequences. The Act does not specify particular offences related to the use of the Unaccompanied Personal Effects Statement, but general penalties for breaches of the Act include fines and imprisonment. The maximum penalties for offences under the Customs Act can vary depending on the nature and severity of the breach. For example, section 178 of the Act provides for a maximum penalty of 10,000 penalty units for serious offences, while section 179 outlines penalties for less serious offences, which can include fines and imprisonment for shorter periods. These penalties underscore the importance of complying with the legislative requirements and using the approved forms correctly. CEO Instrument No. 46 of 2005, which approves the Unaccompanied Personal Effects Statement form (No. B534 (6/00) Russian), was made without consultation under section 17 of the Legislative Instruments Act 2003 because it is considered a minor or machinery instrument that does not substantially alter existing arrangements. This instrument commences on the day after it is registered, ensuring that the approved form is available for use by passengers entering Australia. The approval of this form is a routine part of the administrative process under the Customs Act 1901, ensuring that the requirements for providing information about unaccompanied personal or household effects are met in a standardised and effective manner.