Customs Act 1901 - CEO Instrument of Approval No. 5 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01750 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 5 of 2012

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 (CEO).  Subsection 4A(2) of the Act provides that the instrument by which a form is approved by the CEO 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 2012 approves the "Incoming passenger card" form (No. 15 FRE (Design date 09/12)) as the approved form for the purposes of providing, in the French 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 change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

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.

Commencement

The instrument commences on 1 September 2012.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 5 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 5 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the French 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

The Incoming Passenger Card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the Incoming Passenger Card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The Incoming Passenger Card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

 

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, governs the importation and exportation of goods into and out of Australia. This Act was introduced to address the need for a streamlined process for the regulation and control of customs duties and related activities. The CEO Instrument of Approval No. 5 of 2012 amends the Act by approving a revised "Incoming passenger card" form to be used for collecting information from passengers regarding their accompanied personal or household effects, particularly in relation to tobacco products. The policy objective of this instrument is to ensure that the information collection process aligns with updated regulatory requirements, specifically the reduction of the duty-free allowance for tobacco products. The instrument was approved by the Chief Executive Officer of Customs and is compatible with human rights as it adheres to existing legislative frameworks governing the collection and use of personal information.

Scope and Application

The CEO Instrument No. 5 of 2012, under the Customs Act 1901, designates the "Incoming passenger card" form as the approved form for collecting, in the French language, information required from passengers bringing in personal or household effects via ships or aircraft into Australia. This form is mandatory for use when providing information as stipulated under subsection 71AAAB(1) of the Act. This instrument applies to passengers of ships and aircraft who are importing accompanied personal or household effects, thereby excluding other classes of goods and passengers who do not fall under this category. The instrument is applicable nationwide, following the legislative authority granted by the Commonwealth. The instrument does not specify exclusions or exemptions but mandates the use of the approved form for compliance with the Act’s requirements. The application and scope of the instrument are further defined by subordinate regulations, such as Regulation 41 of the Customs Regulations 1926, which specifies the need for such information to be provided in the approved form or an approved statement. The instrument amends the previously approved form to reflect changes in duty-free allowances for tobacco products, effective from 1 September 2012. The instrument is compatible with human rights as it adheres to existing legal protections for personal information and does not alter the established legal framework governing the collection and use of such information.

Key Provisions

The CEO Instrument of Approval No. 5 of 2012 establishes the "Incoming passenger card" form as an approved form under subsection 4A(1) of the Customs Act 1901. This form, designated as No. 15 FRE (Design date 09/12), is to be used for providing information in the French language about imported goods that qualify as accompanied personal or household effects of a passenger on a ship or aircraft. The form replaces the previous version to reflect a significant change in the duty-free concession amount for tobacco products, reducing it from 250 cigarettes or 250g to 50 cigarettes or 50g, effective from 1 September 2012. This legislative instrument is vital as it ensures that the correct form is used to gather necessary information from incoming passengers, thereby facilitating the administration of various Australian laws such as Customs, quarantine, and health regulations. The Act imposes specific obligations on the parties involved. Passengers of incoming ships and aircraft must provide the required information on the approved "Incoming passenger card" form, including personal details such as name, date of birth, passport number, and intended address in Australia. This information is essential for the enforcement of Australian laws and regulations. Additionally, the Act mandates that the form must be completed at the time and in the manner specified in the regulations. The regulation 41 of the Customs Regulations 1926 further stipulates that if a Collector requires information under subsection 71AAAB(1) of the Act, it must be provided in an approved form or an approved statement. Failure to comply with the requirements of the Act and the associated regulations may result in various legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the Customs Act 1901 generally incur significant penalties, both civil and criminal. For example, providing false information could lead to criminal charges under section 136, which carries a maximum penalty of 200 penalty units (approximately AUD 22,000 as of 2023). Moreover, the Act's provisions are supported by the Acts Interpretation Act 1901, which allows for the disallowance of legislative instruments like this one, further emphasizing the importance of compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.