EXPLANATORY STATEMENT
CEO Instrument of Approval No. 5 of 2010
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 2010 approves the "Incoming passenger card" form (No. 15 CHS (Design date 11/10)) 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 change from the previously approved "Incoming passenger card" form involves the inclusion in Question 1 of the word ‘illegal’ immediately before the word 'pornography.’ The “Incoming passenger form” as it currently reads includes all pornography. By including an express reference to 'illegal pornography' is intended to clarify the type of pornography that must be declared.
Consultation
Consultation was not required under section 17 of the Legislative Instruments Act 2003 as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements. However, Customs and Border Protection has consulted with key stakeholders including Classification Operations Branch of the Attorney-General’s Department and the key association representing the Australian adult retailers and entertainment industry about the preferred approach to amending the wording of the IPC to clarify the type of pornography to be declared on arrival.
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 regulation of customs and excise within Australia. One of the gaps it was designed to address was the need for a streamlined and efficient method for declaring specific types of personal or household effects imported by passengers. The Customs Regulations 1926 further detail the requirements for these declarations, including the use of approved forms. In 2010, the Customs (Incoming Passenger Card) Approval Instrument 2010 was introduced to update and specify the "Incoming passenger card" form, ensuring clarity in the type of pornography that must be declared. This instrument was approved by the Chief Executive Officer of Customs and is a legislative instrument under the Legislative Instruments Act 2003. The policy objective was to enhance compliance and clarity in the declaration of illegal pornography among imported goods. The instrument was effective from the day after its registration on the Federal Register of Legislative Instruments, following the CEO's approval.
Scope and Application
The CEO Instrument of Approval No. 5 of 2010 pertains to the Customs Act 1901, which applies to individuals and entities involved in the import of goods into Australia. Specifically, it targets the owner of accompanied personal or household effects of passengers arriving by ship or aircraft, requiring them to provide specified information about these goods under certain conditions. The approved form, known as the "Incoming passenger card," serves as the means by which this information must be submitted in simplified Chinese language. The form has been updated to explicitly include the term "illegal" before "pornography" in Question 1, clarifying that only illegal pornography must be declared. The instrument applies nationally and is a legislative instrument under the Legislative Instruments Act 2003. While consultation was not mandated for this minor amendment, key stakeholders were involved in the decision to clarify the type of pornography to be declared. The instrument comes into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument No. 5 of 2010, under the Customs Act 1901, approves a revised form titled the "Incoming passenger card" (section 4A(1)). This form is designated for use in providing information about accompanied personal or household effects of passengers arriving by ship or aircraft into Australia, as outlined in paragraph 68(1)(d) of the Act. The approved form, which is available in simplified Chinese, is intended to facilitate compliance with the requirements set forth in subsection 71AAAB(1) of the Act. One significant change in this version of the form, as compared to its predecessor, is the addition of the word 'illegal' before 'pornography' in Question 1. This amendment aims to clarify that only illegal pornography must be declared, as opposed to all types of pornography.
The Act imposes specific obligations on travellers who possess accompanied personal or household effects that must be declared upon arrival in Australia. According to subsection 71AAAB(1), these travellers are required to provide certain information, such as the nature and quantity of the goods, at the time and in the manner specified in the regulations. Regulation 41 of the Customs Regulations 1926 further stipulates that this information must be provided in an approved form or an approved statement. The revised "Incoming passenger card" form serves as an approved form for this purpose, ensuring that the necessary information is collected in a standardised and approved format.
Failure to comply with the requirements set forth in the Customs Act 1901, including the obligation to provide information in an approved form, may result in civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is worth noting that the Act and associated regulations provide for various sanctions, including fines and potential criminal charges, depending on the nature and severity of the breach. The Explanatory Statement does not provide explicit details on maximum penalties but it is advisable for individuals and entities governed by the Act to ensure compliance to avoid any potential legal repercussions.