EXPLANATORY STATEMENT
CEO Instrument of Approval No. 7 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. 7 of 2009 approves the "Incoming passenger card" form (No. 15 GRE (Design date 11/09)) as the approved form for the purposes of providing, in the Greek 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 Commonwealth Parliament, governs the regulation and control of goods imported into Australia. It establishes a framework for the collection of duties and taxes, as well as the enforcement of various import and export restrictions. The Customs Act 1901 was introduced to address the need for a comprehensive legal framework governing the customs process in Australia. CEO Instrument No. 7 of 2009, issued under the authority of the Customs Act 1901, serves to approve the "Incoming passenger card" form (No. 15 GRE, dated November 2009) as an approved form for the purposes of providing information about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft, specifically in the Greek language. This instrument aims to streamline the process of gathering necessary information from passengers at the border and improve the interception of prohibited items, such as pornography, and to enhance the detection of potential health risks, such as exposure to Yellow Fever.
Scope and Application
The Customs Act 1901, as amended by CEO Instrument No. 7 of 2009, applies to the importation of accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This instrument approves a specific form, the "Incoming passenger card" (No. 15 GRE), which must be used by the owner of such goods to provide required information in the Greek language. The instrument serves as a legislative tool ensuring that the information about the importation of these goods, though exempt from formal entry requirements, is accurately communicated in the prescribed manner. It extends its reach to any person or entity importing goods classified as accompanied personal or household effects, and it is applicable across Australia, as it is a Commonwealth instrument. No exclusions or exemptions are explicitly stated in the instrument itself, though the scope of its application is inherently limited to the context of import entry requirements. Subordinate regulations, such as Regulation 41 of the Customs Regulations 1926, further delineate the specifics of its application. The instrument came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument No. 7 of 2009, under the Customs Act 1901, serves to approve a specific form for use in the provision of information concerning imported goods that qualify as accompanied personal or household effects of passengers arriving on ships or aircraft. This form, the "Incoming passenger card" (No. 15 GRE), is mandated for use in the Greek language, as per section 71AAAB(1) of the Act and regulation 41 of the Customs Regulations 1926. The approval of this form is intended to ensure that the required information is communicated in a manner that is both compliant with the Act and easily understandable to the passengers concerned.
The obligations imposed by this legislation on the parties involved primarily pertain to the accurate and timely completion of the approved form. Specifically, the owner of the imported goods, which are accompanied personal or household effects, must provide the requested information in the approved form when required by a Collector under subsection 71AAAB(1) of the Customs Act. This includes declarations regarding the presence of prohibited items such as pornography, and the potential requirement to report bearer negotiable instruments like travellers cheques or money orders. Furthermore, the form has been updated to include a note advising passengers of the potential need to report certain financial instruments if requested by a customs or police officer, and to identify regions of risk for Yellow Fever exposure.
Non-compliance with the requirements set forth in this legislation can lead to various consequences, including civil and criminal penalties. Although the specific penalties are not detailed within the explanatory statement, it is understood that breaches of the Customs Act and its regulations can result in fines, seizures of goods, or even imprisonment, depending on the severity and intent behind the non-compliance. The Act provides for these potential consequences as a means to enforce adherence to the import regulations and to protect Australia's borders from prohibited and restricted goods.