EXPLANATORY STATEMENT
CEO Instrument of Approval No. 8 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. 8 of 2009 approves the "Incoming passenger card" form (No. 15 IND (Design date 11/09)) as the approved form for the purposes of providing, in the Indonesian 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, as amended, is a comprehensive piece of legislation that governs the importation and exportation of goods in Australia. In 2009, CEO Instrument No. 8 of 2009 was enacted to address a specific issue regarding the reporting requirements for accompanied personal or household effects of passengers arriving on ships or aircraft. The instrument was introduced by the Chief Executive Officer of Customs, under the authority provided by the Customs Act 1901, and it aims to facilitate the compliance of passengers with the statutory obligations to declare certain goods. The policy objective of this instrument is to improve the efficiency and effectiveness of border controls, particularly in intercepting prohibited items such as pornography and ensuring that passengers are aware of additional reporting requirements for financial instruments. The instrument specifies an approved form for passengers to declare such items, thereby streamlining the process for both passengers and customs officials.
Scope and Application
The Customs Act 1901, as amended, governs the importation and exportation of goods into and out of Australia, with CEO Instrument No. 8 of 2009 serving as a regulatory addition that specifies the approved form for certain information required from incoming passengers. This legislation applies to individuals who are passengers on ships or aircraft entering Australia and who are carrying personal or household effects. These passengers are required to provide specific information about their goods in the form of an approved "Incoming passenger card" in the Indonesian language. The instrument specifies the geographic reach of the Act as national, applying across Australia, and it does not exclude any particular persons or entities from its scope. The Act extends its application through subordinate instruments such as the approved form in question, which is integral to ensuring compliance with customs regulations concerning accompanied personal or household effects. The changes made to the "Incoming passenger card" form aim to enhance border security by making passengers aware of prohibited items such as pornography and by ensuring they understand the necessity to report certain financial instruments if requested by customs or police officers.
Key Provisions
The CEO Instrument of Approval No. 8 of 2009, under the Customs Act 1901, specifically addresses the approval of an "Incoming passenger card" form (No. 15 IND) in the Indonesian language for the submission of information regarding imported goods that are personal or household effects accompanying passengers of a ship or aircraft. This form is approved pursuant to subsection 71AAAB(1) of the Customs Act, which mandates the provision of specified information at the time and in the manner and form as stipulated by regulations. Regulation 41 of the Customs Regulations 1926 further mandates that such information must be provided in an approved form or statement.
The approved form incorporates several key provisions aimed at enhancing border security and compliance. For instance, Question 1 of the form now includes 'pornography' as an example of goods that may be prohibited or subject to restrictions, serving to raise awareness among passengers about the potential prohibition of such items. Additionally, a note appended to Question 5 warns passengers that they may be required to report travellers cheques, money orders, or other bearer negotiable instruments if requested by a customs or police officer. Furthermore, the form has been updated to include Central America and the Caribbean in Question 11, which pertains to identifying passengers who may have been exposed to Yellow Fever. These changes are intended to improve the interception of prohibited items and enhance the reporting requirements for financial instruments, thereby strengthening border security and compliance measures.
The approval of the "Incoming passenger card" form imposes specific obligations on passengers and entities involved in the importation process. Passengers are required to provide accurate and complete information as stipulated in the approved form, particularly regarding any prohibited or restricted goods, such as pornography. Furthermore, passengers must be prepared to report financial instruments like travellers cheques or money orders if requested by customs or police officers. These obligations are crucial for ensuring compliance with customs regulations and facilitating the efficient processing of personal or household effects accompanying passengers.
Failure to comply with the requirements outlined in the approved form or to provide accurate information can result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of customs regulations generally can lead to fines, confiscation of goods, or other penalties as prescribed by law. The severity of these penalties can vary depending on the nature and extent of the breach, underscoring the importance of adhering to the stipulated requirements.