EXPLANATORY STATEMENT
CEO Instrument of Approval No. 7 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 (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. 7 of 2010 approves the "Incoming passenger card" form (No. 15 FRE (Design date 11/10)) 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 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 CEO Instrument No. 7 of 2010, issued under the Customs Act 1901, aims to address a specific issue concerning the clarity and specificity of the information required for accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This instrument was introduced to refine the existing "Incoming passenger card" form, ensuring that the type of pornography required to be declared is explicitly defined as 'illegal pornography'. The instrument was enacted by the Chief Executive Officer of Customs and serves to enhance the compliance and administrative efficiency of customs processes by specifying the required information more precisely. The change was made without the need for consultation as it was deemed minor and non-substantive, aligning with the legislative requirements outlined in the Legislative Instruments Act 2003. The instrument will come into effect on the day following its registration on the Federal Register of Legislative Instruments.
Scope and Application
CEO Instrument No. 7 of 2010, under the Customs Act 1901, specifies the "Incoming passenger card" form (No. 15 FRE, dated 11/10) as the approved form for providing information in French regarding the importation of personal or household effects of passengers arriving by ship or aircraft. This form must be used to declare specific information about such goods in accordance with regulations set forth under subsection 71AAAB(1) of the Act. The instrument applies to individuals who are passengers and to the personal or household effects they bring into Australia. It extends across the nation as a Commonwealth instrument, ensuring that the form is used consistently nationwide for the declared purpose. The form itself is a legislative instrument, as defined under the Legislative Instruments Act 2003, and is subject to approval by the Chief Executive Officer of Customs. The main amendment to the form involves the explicit inclusion of the term "illegal" before "pornography" in Question 1, thereby clarifying the type of pornography that must be declared. This change was made without the necessity for formal consultation, as it was deemed a minor adjustment that does not substantially alter existing arrangements, though consultations were held with relevant stakeholders to refine the wording. The instrument comes into effect on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The CEO Instrument No. 7 of 2010 introduces an updated version of the "Incoming passenger card" form (No. 15 FRE, Design date 11/10), approved under subsection 4A(1) of the Customs Act 1901 (the Act), to be used for providing information in the French language about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This updated form is designed to be used in accordance with section 71AAAB(1) of the Act and Regulation 41 of the Customs Regulations 1926. The main alteration to the form involves the addition of the word 'illegal' before 'pornography' in Question 1, aiming to clarify the type of pornography that must be declared.
The Act imposes obligations on the owner of goods that are accompanied personal or household effects of a passenger to provide the required information in the specified manner and form. Under subsection 71AAAB(1) of the Act, this information must be furnished to the Collector when required, and the approved form or statement, in this case, the updated "Incoming passenger card," must be used. The form must be completed and provided at the time and in the manner specified in the regulations. Failure to comply with these requirements could potentially lead to non-compliance with the Act, which may result in penalties or other legal consequences.
Breach of the obligations under the Customs Act 1901, such as failing to provide the required information on the approved form or providing incorrect information, could lead to various consequences. While the explanatory statement does not specify the exact penalties for such breaches, the Act does provide for potential civil and criminal penalties for non-compliance. Civil penalties may include fines, and in some cases, criminal penalties could apply, potentially leading to imprisonment, depending on the severity and intent of the breach. It is important for individuals and entities governed by the Act to ensure they are aware of and comply with the requirements to avoid any legal repercussions.