EXPLANATORY STATEMENT
CEO Instrument of Approval No. 5 of 2009
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 Instruments 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 accompanied personal or household effects of a passenger of a ship or an aircraft are such a class of goods (paragraph 68(1)(d) refers). Despite being exempt from formal import entry requirements, subsection 71AAAB(1) of the Act provides that the owner of such goods must, in the circumstances specified in the regulations, provide, under section 71, the information specified in the regulations at the time and in the manner and form specified in the regulations.
Regulation 41 of the Customs Regulations 1926 provides that if a Collector requires information under subsection 71AAAB(1) of the Act, then it must be provided in an approved form or an approved statement.
Instrument
CEO Instrument No. 5 of 2009 approves the "Incoming passenger card" form (No. 15 CHS (Design date 11/09)) as the approved form for the purposes of providing, in the simplified Chinese language, information required under subsection 71AAAB(1) of the Act in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft.
The main changes from the previously approved "Incoming passenger card" form include:
a) the inclusion in Question 1 of 'pornography' as a good that may be prohibited or subject to restrictions. Including an express reference to 'pornography' is intended to enhance the interception of prohibited pornography at the border by making passengers aware that pornography may be a prohibited import;
b) the inclusion, at the end of Question 5, of a Note which warns passengers that they may be required to report travellers cheques, money orders or other bearer negotiable instruments of any amount if asked to do so by a customs or police officer; and
c) the inclusion of Central America and the Caribbean in Question 11. Question 11 relates to identifying passengers who may have been exposed to Yellow Fever.
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 on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901, enacted by the Australian Parliament, governs the importation and exportation of goods, including the regulation of customs and excise. The Act seeks to ensure compliance with import and export requirements, prevent illicit trade, and protect the economic and security interests of Australia. One of the issues addressed by this Act is the need for streamlined and clear communication with travellers regarding the information they must provide upon entry into Australia, especially concerning their personal or household effects. In 2009, the Customs Act 1901 was amended to require the CEO Instrument of Approval No. 5 of 2009 to address these communication requirements more effectively. This instrument, approved by the Chief Executive Officer of Customs, establishes the "Incoming passenger card" form as the approved format for passengers to provide information about their imported goods, in simplified Chinese, when entering Australia. The policy objective is to enhance border security by ensuring passengers are aware of prohibited items such as pornography and other goods that may require reporting, thereby improving the interception of illegal imports.
Scope and Application
The CEO Instrument of Approval No. 5 of 2009 under the Customs Act 1901 applies to individuals who are passengers arriving in Australia by ship or aircraft and who are carrying accompanied personal or household effects that are exempt from formal import entry requirements. This legislation mandates that such passengers must provide specific information regarding their imports in a format approved by the Chief Executive Officer of Customs. The approved form, the "Incoming passenger card," must be used to declare, among other things, the presence of prohibited items such as pornography and to indicate if the passenger has been exposed to Yellow Fever, particularly if they have visited Central America or the Caribbean. This form is designed to streamline the process of reporting necessary information at the border, enhancing the effectiveness of customs checks. The instrument does not extend to other classes of goods or other types of travellers, maintaining a focus on accompanied personal or household effects. The instrument operates under the jurisdictional reach of the Commonwealth of Australia and comes into effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this instrument, CEO Instrument of Approval No. 5 of 2009, pertain to the approval of the "Incoming passenger card" form as an approved form under the Customs Act 1901 (section 4A). This form is intended for use in providing information about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The instrument also includes specific changes to the form, such as the addition of 'pornography' in Question 1 to alert passengers to prohibited items, a note at the end of Question 5 warning about reporting bearer negotiable instruments, and the inclusion of Central America and the Caribbean in Question 11 to identify passengers who may have been exposed to Yellow Fever.
The obligations imposed by this instrument on the parties or entities it governs include the requirement for passengers to provide information about their accompanied personal or household effects in the approved form when requested by a Collector under subsection 71AAAB(1) of the Customs Act 1901. This information must be provided in the simplified Chinese language as specified in the approved form. The approved form must be used in accordance with the regulations, which mandate that the information be provided at the time, and in the manner and form specified by the regulations.
In terms of consequences for non-compliance, the Customs Act 1901 provides for both civil and criminal penalties. While the instrument itself does not detail specific penalties for failure to comply with the requirements, the Act outlines general penalties for non-compliance with customs regulations. These may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties for breaches related to the use of the approved form would be determined under the applicable provisions of the Customs Act 1901.