Overview

The Customs Act 1901, enacted by the Commonwealth Parliament of Australia, provides the legal framework for the administration of customs duties and regulations. A gap in this Act, particularly concerning the processing of accompanied personal or household effects of passengers arriving via ships or aircraft, was addressed by CEO Instrument No. 6 of 2012. This instrument, issued by the Chief Executive Officer of Customs under the authority of the Customs Act, aimed to streamline the process for collecting necessary information from incoming passengers regarding their imported goods, specifically in relation to the duty-free allowances for tobacco products. This adjustment was in response to the reduction of the duty-free concession from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, effective from 1 September 2012. The instrument sought to ensure compliance with Australian customs laws while updating the "Incoming passenger card" form to reflect the new regulations, thus maintaining the integrity of the customs administrative process.

Scope and Application

CEO Instrument No. 6 of 2012, which approves the "Incoming passenger card" form (No. 15 VIE (Design date 09/12)) as the approved form, applies to passengers of ships and aircraft entering Australia who are required to provide information about their accompanied personal or household effects under subsection 71AAAB(1) of the Customs Act 1901. This Act is of Commonwealth application and governs the import and export of goods across Australia. The instrument ensures that the incoming passenger card is updated to reflect the reduced duty-free allowance for tobacco products, effective from 1 September 2012. The approved form serves to facilitate compliance with Australian customs regulations, including those related to quarantine, statistics, health, wildlife, and currency, while ensuring that the information collected is authorised by law and is used for specified purposes only. The instrument does not specify any exclusions or exemptions and operates under the authority granted by the Customs Act 1901, which can be extended or restricted through subordinate instruments as necessary.

Key Provisions

CEO Instrument of Approval No. 6 of 2012 pertains to the approval of the "Incoming passenger card" form, specifically version 15 VIE, dated 09/12, as an approved form under the Customs Act 1901 (the Act). This form is intended for use in providing, in the Vietnamese language, the information required under subsection 71AAAB(1) of the Act concerning imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The key change in this version of the form reflects the updated duty-free concession amount for tobacco products, reducing it from 250 cigarettes or 250g to 50 cigarettes or 50g, effective from 1 September 2012. The obligations imposed by this instrument on the parties it governs are primarily concerned with the proper completion and submission of the "Incoming passenger card" form. The owner of the imported goods must provide the required information, including personal details, at the specified time, in the prescribed manner and form. This requirement ensures that customs, quarantine, statistical, health, wildlife and currency laws of Australia are effectively administered. The form must be filled out accurately, and all necessary information must be provided to avoid any legal complications. The instrument also ensures that the collection of personal information is authorised by law, and those providing the information are fully informed about the purposes and the lawful basis for such collection. In terms of legal consequences, there are no explicit offences or penalties outlined in the instrument for failing to comply with the requirements of using the approved form. However, failure to provide the required information or providing incorrect information can lead to complications with customs clearance, potential fines, or other legal repercussions under the Customs Act 1901. Additionally, providing false information can be considered an offence under Australian law, potentially leading to criminal charges. The specific penalties for such breaches would be determined under the relevant sections of the Customs Act 1901 and could include fines and/or imprisonment, depending on the severity of the offence. The instrument is designed to be compatible with human rights, particularly the right to privacy. The information collected on the "Incoming passenger card" is used for legitimate purposes as authorised by law and is disclosed only to the relevant agencies. The form clearly informs passengers about the purposes of the information collection, the agencies to whom it will be disclosed, and the rights of the individuals providing the information. The instrument ensures that the existing protections under Australian law are maintained and not diminished by the use of the approved form. The approval of the form is in accordance with the legislative process, and it has been deemed not to require consultation as it does not substantially alter existing arrangements.