Customs Act 1901 - CEO Instrument of Approval No. 8 of 2012

Administered by Department of Home Affairs

Legislation au F2012L01753 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 8 of 2012

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. 8 of 2012 approves the "Incoming passenger card" form (No. 15 THA (Design date 09/12)) as the approved form for the purposes of providing, in the Thai 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 change from the previously approved "Incoming passenger card" form is a change to Question 2 to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

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.

Commencement

The instrument commences on 1 September 2012.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CEO Instrument of Approval No. 8 of 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

CEO Instrument No. 8 of 2012 approves the "Incoming passenger card" form (No. 15 ARA (Design date 09/12)) as the approved form for the purposes of providing, in the Thai 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. 

 

This instrument replaces the previously approved incoming passenger card to reflect the reduction of the duty free concession amount from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products, which will take effect on 1 September 2012.

 

 

Human Rights implications

 

The Incoming Passenger Card potentially raises implications in relation to the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights. However, for the reasons set out below, this legislative instrument does not engage, impact on, or limit in any way, the right to privacy.

 

The Incoming Passenger Card requires the passengers of incoming ships and aircraft to provide personal information including their name, date of birth, passport number and intended address in Australia. This personal information is used to administer Customs, quarantine, statistical, health, wildlife and currency laws of Australia and its collection is authorised by law. This law is precise and is reasonable in these circumstances.

 

The person from whom the information is collected is notified on the Incoming Passenger Card the purposes for which the information is collected and that the collection of the personal information is authorised by law. They are also notified of the agencies to whom the information will be disclosed, being agencies administering the above laws and those entitled to receive this information under Australian law. The Incoming Passenger Card also advises passengers of the availability of the leaflet titled “Safeguarding your personal information” for further information about their rights.

Further, the collection of personal information is protected under Australian Law and this instrument does not seek to disapply any of the existing protections.

 

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

 

 

 

Michael Carmody, Chief Executive Officer, Australian Customs and Border Protection Service

 

Overview

The Customs Act 1901 was enacted to provide a comprehensive framework for the regulation of customs and excise in Australia. One of the key problems it was introduced to address was the need for streamlined processes to manage the importation of goods, particularly for personal and household effects of passengers arriving by ship or aircraft. The Customs Act 1901, administered by the Parliament of Australia, aims to facilitate lawful trade while protecting the economic and social interests of the nation. CEO Instrument No. 8 of 2012, issued under the authority of the Chief Executive Officer of Customs, serves to approve a specific form for collecting information from incoming passengers regarding their personal and household effects. This instrument updates the "Incoming passenger card" form to reflect changes in duty-free allowances, ensuring that the form aligns with current regulations and provides accurate information to relevant authorities. The instrument does not require consultation as it is of a minor or machinery nature and does not substantially alter existing arrangements. It commenced on 1 September 2012, addressing the reduction of duty-free tobacco allowances. The instrument is compatible with human rights, ensuring that the collection of personal information adheres to legal standards and does not infringe upon privacy rights.

Scope and Application

CEO Instrument No. 8 of 2012 under the Customs Act 1901 pertains to the approval of a specific form, the "Incoming passenger card," for the collection of information required from passengers who import accompanied personal or household effects as part of their travel into Australia. This form, in the Thai language, applies to individuals arriving by ship or aircraft and carrying such goods, ensuring compliance with subsection 71AAAB(1) of the Customs Act and Regulation 41 of the Customs Regulations 1926. The instrument updates the form to reflect changes to the duty-free allowance for tobacco products, effective from 1 September 2012. The form is a legislative instrument that does not require consultation as it is of a minor nature and does not substantially alter existing arrangements. The instrument's scope is limited to the approved form's application within Australia and does not extend beyond this unless further specified by subordinate instruments. The instrument is compatible with human rights as it does not engage, impact on, or limit the right to privacy as recognised in the International Covenant on Civil and Political Rights, given the lawful and authorised collection of personal information for specified administrative purposes.

Key Provisions

CEO Instrument of Approval No. 8 of 2012 introduces an update to the approved form for collecting information about imported goods that are accompanied personal or household effects of passengers arriving in Australia via ship or aircraft. Specifically, it updates the "Incoming passenger card" form (No. 15 THA (Design date 09/12)) to align with a change in the duty-free allowance for tobacco products, reducing it from 250 cigarettes or 250g of tobacco products to 50 cigarettes or 50g of tobacco products. This change takes effect from 1 September 2012. The form itself is approved under the Customs Act 1901 (section 4A(1)) and is mandated for use when information about imported goods is required under section 71AAAB(1) of the Act, as per regulation 41 of the Customs Regulations 1926. Under this legislation, the primary obligation for passengers is to provide accurate and complete information on the approved form when requested by a Collector, which is essential for complying with Australian Customs, quarantine, and other regulatory requirements. This requirement ensures that passengers disclose information about their personal or household effects, including any dutiable items, thus facilitating smooth and compliant entry into Australia. The form must be filled out in the Thai language, as specified by the instrument, to cater to the linguistic needs of passengers from Thailand. Failure to comply with the requirements of this instrument, such as not providing the requested information or providing incorrect information, could result in legal consequences. Although the explanatory statement does not specify penalties, the Customs Act 1901 and related regulations may impose fines or other penalties for non-compliance with import declaration requirements. These penalties could include fines or, in more severe cases, prosecution, depending on the nature and extent of the non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.