EXPLANATORY STATEMENT
CEO Instrument of Approval No. 6 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. 6 of 2010 approves the "Incoming passenger card" form (No. 15 CHT (Design date 11/10)) 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 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 was enacted to regulate and facilitate trade and commerce in Australia by administering and enforcing customs and related laws. To address the need for standardised documentation and to ensure compliance with import requirements, the Act includes provisions for approved forms, which must be approved by the Chief Executive Officer of Customs. The Customs Regulations 1926 further detail how information is to be provided, including the use of approved forms for certain classes of goods. CEO Instrument No. 6 of 2010 was introduced to update the "Incoming passenger card" form to include a specific reference to "illegal pornography," clarifying the type of pornography that must be declared. This change was made in consultation with relevant stakeholders to ensure clarity and compliance with existing legal standards. The instrument is considered minor and of a machinery nature, and thus did not require broader consultation under the Legislative Instruments Act 2003. The instrument will take effect on the day after it is registered on the Federal Register of Legislative Instruments.
Scope and Application
The CEO Instrument of Approval No. 6 of 2010, made under the Customs Act 1901, pertains to the approval of a form used for the declaration of accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This instrument is concerned specifically with the "Incoming passenger card" form, which is now amended to include a reference to 'illegal pornography' in order to specify the type of pornography that must be declared. The Act applies to individuals who are importing accompanied personal or household effects and who are required to provide information under the Customs Act, even though these goods are exempt from formal entry requirements. The geographic scope of this instrument is nationwide as it relates to the importation of goods into Australia. The instrument does not substantially alter existing arrangements and, therefore, consultation was deemed unnecessary under the Legislative Instruments Act 2003. However, consultation did occur with relevant stakeholders to determine the appropriate wording for the amended form. The instrument's application is effective from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument of Approval No. 6 of 2010 amends the Customs Act 1901 by approving a revised "Incoming passenger card" form (section 4A(1)). This form is now approved for use in providing information in traditional Chinese about accompanied personal or household effects of passengers arriving by ship or aircraft. Specifically, the revised form includes a clarification that "illegal pornography" must be declared, enhancing the specificity of the information required (subsection 71AAAB(1)). This form is now the approved method for providing the necessary information when requested by a Collector under regulation 41 of the Customs Regulations 1926.
The Act imposes certain obligations on passengers arriving in Australia by ship or aircraft. These obligations include providing information about any accompanied personal or household effects, including illegal pornography, in the approved form when required by a Collector (subsection 71AAAB(1)). The form must be completed in the traditional Chinese language as approved by the CEO, ensuring that passengers are aware of their obligations and the manner in which they must provide the information (section 4A(1)).
Failure to comply with the requirements of the Act and regulations can result in civil or criminal consequences. The precise penalties are not detailed in the explanatory statement but can be severe, including fines and potential imprisonment, depending on the nature and severity of the breach. These penalties are determined by the relevant sections of the Customs Act 1901 and any other applicable legislation. The approved form ensures that passengers are clearly informed of their obligations and the potential consequences of non-compliance.