EXPLANATORY STATEMENT
CEO Instrument of Approval No. 6 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. 6 of 2009 approves the "Incoming passenger card" form (No. 15 CHT (Design date 11/09)) as the approved form for the purposes of providing, in the traditional 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, addresses the regulation and control of imports and exports to and from Australia. One of its key provisions is the approval of forms used to declare and provide information on imported goods. CEO Instrument of Approval No. 6 of 2009, issued under the authority of the Customs Act 1901, updates the "Incoming passenger card" form to better align with current regulatory requirements and border security objectives. This instrument specifically approves the form, which is used for providing information about accompanied personal or household effects of passengers arriving by ship or aircraft, in the traditional Chinese language. The update includes enhanced clarity on prohibited items such as pornography, a warning about the potential requirement to report bearer negotiable instruments, and the inclusion of Central America and the Caribbean in the Yellow Fever exposure question. The policy objective is to improve the accuracy and timeliness of information provided by passengers, thereby enhancing the efficiency and effectiveness of customs operations at the border.
Scope and Application
The Customs Act 1901, as amended by CEO Instrument No. 6 of 2009, pertains to the approval of the "Incoming passenger card" form, specifically for the provision of information in traditional Chinese language related to the import of accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This form is intended for use by owners of such goods to comply with the requirements under section 71AAAB of the Act. The scope of the Act extends to any individual who imports accompanied personal or household effects into Australia, necessitating them to provide information about these goods as specified in the regulations. The geographic reach of this legislation is national, given its alignment with the Customs Act 1901, which is a Commonwealth Act. The instrument does not specify any exclusions or exemptions, but it does set thresholds and conditions under which the form must be used, as outlined in the Customs Regulations 1926. Furthermore, the application of this Act may be extended or restricted through subordinate instruments, although the current instrument does not indicate any such extensions.
Key Provisions
The CEO Instrument of Approval No. 6 of 2009 amends the Customs Act 1901 by approving a new form for incoming passengers, specifically the "Incoming passenger card" form in traditional Chinese (section 4A(1)). This form is designated as the approved instrument for providing, in traditional Chinese, the information required under subsection 71AAAB(1) of the Act for imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The main changes introduced in this new form include the explicit mention of 'pornography' in Question 1 to inform passengers about the prohibition or restrictions on such goods (section 4A(1)). Additionally, a note has been added at the end of Question 5 to alert passengers that they may be required to report travellers cheques, money orders, or other bearer negotiable instruments if requested by a customs or police officer. Furthermore, Question 11 has been updated to include Central America and the Caribbean, aiding in the identification of passengers potentially exposed to Yellow Fever. These modifications aim to enhance border security and compliance with customs regulations.
The Customs Act 1901 imposes specific obligations on parties involved in the importation of goods. Under subsection 71AAAB(1), the owner of goods that are accompanied personal or household effects of a passenger must provide the required information at the specified time, manner, and form as per the regulations. This obligation extends to the use of approved forms, such as the newly approved "Incoming passenger card" form in traditional Chinese, to ensure that the information is correctly communicated to customs authorities. Regulation 41 of the Customs Regulations 1926 further mandates that if a Collector requires information, it must be provided in an approved form or statement. These provisions ensure that all necessary information is accurately and promptly submitted to customs officials, facilitating efficient processing of imports and compliance with regulatory requirements.
Breach of the obligations outlined in the Customs Act 1901 and the associated regulations can result in significant consequences. While specific offences and penalties are not detailed within the explanatory statement, it is understood that failing to provide the required information or using non-approved forms could lead to administrative penalties, fines, or other legal repercussions. The approved form, being a legislative instrument, carries the authority of the Chief Executive Officer of Customs, and non-compliance may be subject to enforcement actions under the relevant sections of the Customs Act 1901 and other applicable laws. The penalties for such breaches can vary, but they may include monetary fines, legal action, or other sanctions as deemed appropriate by the courts or regulatory authorities.