Overview

The Customs Act 1901, as amended, provides a framework for the regulation of goods imported into Australia. One of the gaps it was designed to address is the need for clear and efficient communication between the Australian Customs and Border Protection Service and incoming passengers regarding the declaration of their personal or household effects. To this end, CEO Instrument No. 8 of 2010 was enacted to approve the "Incoming passenger card" form in the Greek language, tailored for Greek-speaking passengers, to ensure they accurately declare any illegal pornography among their personal effects. This instrument, approved by the Chief Executive Officer of Customs, is a legislative measure aimed at enhancing compliance and ensuring the accurate declaration of goods that are exempt from formal entry requirements but still subject to declaration obligations. The policy objective behind this approval is to streamline the process of information declaration by clarifying the types of goods that must be reported, thus preventing potential breaches of Australian laws related to the importation of prohibited items.

Scope and Application

The Customs Act 1901, as amended by CEO Instrument No. 8 of 2010, specifies the requirement for the use of an approved form when providing information about accompanied personal or household effects of passengers arriving by ship or aircraft into Australia. This legislation applies to individuals and entities responsible for the import of such goods, ensuring that they declare any illegal pornography as part of their entry requirements. The instrument extends across the Commonwealth of Australia, thereby governing the entire national territory. The CEO Instrument No. 8 of 2010 serves to clarify the type of pornography that must be declared by approving a revised "Incoming passenger card" form, which now explicitly mentions 'illegal pornography'. The instrument does not require consultation as it is deemed minor and of a machinery nature, but it has involved discussions with relevant stakeholders such as the Classification Operations Branch and the Australian adult retailers and entertainment industry association. The changes outlined in the instrument come into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Customs Act 1901 (section 4A) and the Customs Regulations 1926 (regulation 41) provide the framework for the approval of forms and statements used to report information about imported goods. Under section 4A(1) of the Act, the Chief Executive Officer (CEO) of Customs is authorised to approve forms that are required for the purposes of the Act. Regulation 41 of the Customs Regulations 1926 specifies that if a Collector of Customs requires information under section 71AAAB of the Act, it must be provided in an approved form or an approved statement. The CEO Instrument No. 8 of 2010 approves the "Incoming passenger card" form (No. 15 GRE (Design date 11/10)) as the approved form for providing information in the Greek language about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. The Act and the Regulations impose several obligations on parties or entities involved in the import process. Firstly, the owner of goods that are accompanied personal or household effects of a passenger is required to provide information about these goods under section 71AAAB of the Act if the circumstances specified in the regulations are met. Secondly, when required by a Collector of Customs, this information must be provided in the approved form or an approved statement as specified in regulation 41 of the Customs Regulations 1926. This includes filling out the approved "Incoming passenger card" form, ensuring that it meets the requirements set out by the CEO Instrument No. 8 of 2010. This form has been updated to include a specific reference to 'illegal pornography' to clarify the type of pornography that must be declared upon arrival in Australia. Breaches of the requirements outlined in the Customs Act 1901 and the Customs Regulations 1926 can result in both civil and criminal consequences. Under section 181 of the Customs Act 1901, an offence is committed if a person provides false or misleading information in connection with the import or export of goods, which can result in a fine of up to 10,000 penalty units or imprisonment for up to five years, or both. Additionally, failure to provide the required information in the approved form can lead to penalties under section 177 of the Act, which can include fines of up to 1,100 penalty units for individuals and up to 55,000 penalty units for bodies corporate. It is crucial for individuals and entities involved in the import process to comply with these requirements to avoid these potential consequences.