Overview

The Customs Act 1901, enacted by the Australian Parliament, was amended in 2005 to introduce the CEO Instrument of Approval No. 73. This legislation addresses the need for streamlined and efficient customs declaration processes for unaccompanied personal or household effects of arriving passengers. The Act, as amended, specifies that the Chief Executive Officer of Customs must approve certain statements used in customs declarations, and these approved statements are considered legislative instruments under the Legislative Instruments Act 2003. In this context, the CEO has approved the "UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION" to facilitate the electronic provision of information regarding the personal effects of passengers, as per section 71AAAB of the Act and Regulation 41 of the Customs Regulations 1926. The policy objective is to ensure that the customs process is both effective and minimally intrusive for travellers, by providing a clear and approved method for declaring personal effects.

Scope and Application

The Customs Act 1901, as amended by CEO Instrument of Approval No. 73 of 2005, applies to individuals arriving into Australia via ship or aircraft who are carrying unaccompanied personal or household effects. This instrument governs the information these individuals must provide regarding their goods under Section 71AAAB, with the approved method being an "UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION" which must be submitted in an approved form or statement. The approval of this declaration by the Chief Executive Officer of Customs extends to the Commonwealth level and is integral to the regulatory framework under which such declarations are made. There are no exclusions or exemptions specified in the text, implying that all individuals in this category must comply with the regulations. The instrument is a legislative one, as it pertains to the approval of a form for compliance with the Customs Act. Notably, the instrument is of minor or machinery nature and does not substantially alter existing arrangements, which is why consultation was not undertaken prior to its enactment. The instrument comes into effect on the day following its registration.

Key Provisions

The primary operative sections of the CEO Instrument of Approval No. 73 of 2005 pertain to the approval of a specific statement for use by arriving passengers when declaring their unaccompanied personal or household effects. Under section 4A(1A) of the Customs Act 1901, an approved statement is defined as one that has been approved by the Chief Executive Officer of Customs through a written instrument. Furthermore, section 4(2) of the Act states that the instrument approving such a statement is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This instrument specifically approves the "UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION" for use in electronically providing information about the passengers' unaccompanied personal or household effects, as outlined in paragraph 68(1)(d) of the Act. The obligations and requirements imposed by this Act on the parties or entities it governs primarily concern the submission of the approved statement. As per section 71AAAB of the Customs Act 1901, the owner of unaccompanied personal or household effects must provide the required information in a manner and form specified by the regulations. Regulation 41 of the Customs Regulations 1926 stipulates that if a Collector requires information under section 71AAAB, it must be provided in an approved form or an approved statement. Consequently, arriving passengers are required to complete the "UNACCOMPANIED PERSONAL EFFECTS (UPE) DECLARATION" in accordance with the approved statement to meet their obligations under the Customs Act 1901. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is reasonable to infer that non-compliance with the requirements of the approved statement and the regulations may result in administrative penalties or legal consequences. The potential penalties could include fines, delays in the clearance process, or additional scrutiny of the passenger's personal effects. While the maximum penalties are not stated within the text, the enforcement of such penalties would be subject to the broader provisions of the Customs Act 1901 and related legislation.