Overview

The Customs Act 1901 (the Act) was enacted to regulate the import and export of goods, including the collection of information on imported goods. CEO Instrument of Approval No. 7 of 2012, approved by the Chief Executive Officer of Customs, amends the "Incoming passenger card" form (No. 15 IND (Design date 09/12)) to reflect the reduction of the duty-free concession amount for tobacco products from 250 cigarettes or 250g to 50 cigarettes or 50g, effective from 1 September 2012. This change aligns with the existing legislative framework that requires passengers to provide specific information regarding their personal and household effects upon arrival in Australia. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and does not require parliamentary scrutiny as it is minor and does not substantially alter existing arrangements. The instrument is also compatible with human rights, as it ensures that the collection of personal information is authorised by law and that individuals are informed of the purposes for which their information is collected and the agencies to which it will be disclosed.

Scope and Application

CEO Instrument of Approval No. 7 of 2012 pertains to the approval of specific forms under the Customs Act 1901 for the collection of information from passengers arriving in Australia on ships or aircraft. This legislation applies to individuals entering Australia as passengers on ships or aircraft who are required to provide information about their accompanied personal or household effects. The instrument targets the forms used for this information collection process and is applicable on a national level within Australia. It does not exempt any particular goods or persons from its scope but instead mandates the use of approved forms to ensure compliance with customs regulations. Notably, the instrument does not require consultation as it is deemed minor and does not substantially alter existing arrangements. The instrument comes into effect on 1 September 2012 and is designed to update the "Incoming passenger card" form to reflect a reduction in the duty-free allowance for tobacco products. Additionally, this legislative instrument has been reviewed for compatibility with human rights and is found to not engage, impact on, or limit any human rights, particularly the right to privacy, as the information collection process is authorised by law and adequately protected under Australian law.

Key Provisions

The key operative sections of this legislative instrument include subsection 4A(1) of the Customs Act 1901 (the Act) which defines an approved form, and subsection 4A(2) which specifies that an instrument approving a form is a disallowable instrument under the Acts Interpretation Act 1901. Paragraph 6(d) of the Legislative Instruments Act 2003 identifies approved forms as legislative instruments. The main provision under the Customs Act 1901 that is relevant to this instrument is subsection 71AAAB(1), which requires the owner of imported goods that are accompanied personal or household effects to provide information under section 71 at the time and in the manner specified in the regulations. The instrument specifically approves the "Incoming passenger card" form (No. 15 IND (Design date 09/12)) in the Indonesian language for providing the required information, and the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) in the Arabic language, both to be used in relation to imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The Act imposes certain obligations and requirements on the parties it governs. It mandates that the owner of imported goods, which are accompanied personal or household effects, must provide the information specified in the regulations at the time and in the manner and form specified in the regulations. This requirement is implemented through the approval of specific forms for providing this information. The approved "Incoming passenger card" form must be used to collect necessary personal information from passengers, including their name, date of birth, passport number and intended address in Australia. This information is used to administer various Australian laws, including Customs, quarantine, statistical, health, wildlife, and currency laws. Any breach of the requirements stipulated in the Customs Act 1901, including failure to provide the required information using the approved form, may result in civil or criminal consequences. While the specific penalties for such breaches are not detailed in the explanatory statement, under Australian law, penalties can include fines and, in severe cases, imprisonment. The approved forms must be used to ensure compliance with the Act and to protect the rights of individuals whose personal information is collected. Failure to comply with the Act could result in legal action, including the imposition of penalties as prescribed by the relevant legislation. The instrument is compatible with human rights as it ensures that the collection of personal information is authorised by law and is reasonable in the circumstances. The Incoming Passenger Card advises passengers of the purposes for which their information is collected, the agencies to whom it will be disclosed, and their rights in relation to their personal information. The instrument does not engage, impact on, or limit in any way, the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights, as the collection of personal information is protected under Australian Law and existing protections are not disapplied.