Overview

The Customs Act 1901, enacted by the Australian Parliament, aims to regulate the import and export of goods in and out of the country. In 2009, the Act was supplemented by the CEO Instrument of Approval No. 9, which approved a new form for incoming passengers to declare personal or household effects imported with them. This form, referred to as the "Incoming passenger card", ensures that passengers provide necessary information about the goods they are bringing into the country in an approved format, addressing the need for streamlined and compliant information reporting at the border. The CEO Instrument No. 9 of 2009, a legislative instrument under the Legislative Instruments Act 2003, was introduced to update the existing form by including new categories of goods such as pornography and expanding geographical references for Yellow Fever risk areas, without undergoing formal consultation due to its minor nature. This instrument commenced on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The CEO Instrument No. 9 of 2009, made under the Customs Act 1901, pertains to the approval of the "Incoming passenger card" form (No. 15 ITA) for use in providing specific information required by the Act concerning imported goods that qualify as accompanied personal or household effects of a passenger of a ship or aircraft. This instrument applies to all individuals who are the owners of such imported goods and who are required to provide information as stipulated in the Customs Regulations 1926. The scope of this instrument is limited to the Commonwealth of Australia and is specifically aimed at ensuring compliance with the regulatory requirements for the importation of certain goods. The form is approved in the Italian language, targeting passengers from Italy who may be carrying prohibited or restricted items such as pornography or those who might need to report financial instruments like travellers cheques or money orders. The changes to the form include an explicit mention of pornography to enhance border interception efforts, a warning note about reporting bearer negotiable instruments, and an update to the geographical scope to include Central America and the Caribbean in the context of Yellow Fever exposure. The instrument does not extend to any exemptions or exclusions beyond what is specified in the Customs Act and the Customs Regulations. It operates as a legislative instrument under the Legislative Instruments Act 2003, and its commencement is effective from the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The CEO Instrument of Approval No. 9 of 2009 pertains to the Customs Act 1901 and designates the "Incoming passenger card" form (No. 15 ITA (Design date 11/09)) as an approved form for providing information in the Italian language regarding imported goods that are accompanied personal or household effects of a passenger arriving by ship or aircraft (subsection 71AAAB(1)). This form must be used when specific information is required under the Act and the relevant regulations. The primary function of this instrument is to ensure that incoming passengers provide necessary information in a prescribed format to aid in border control and compliance with Australian customs regulations. Under the Customs Act 1901, the owner of goods that 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 (subsection 71AAAB(1)). The approved form, the "Incoming passenger card," serves this purpose by mandating that passengers declare certain items, including those that may be prohibited or restricted, such as pornography, and be aware of their obligations to report certain negotiable instruments if requested by a customs or police officer. Additionally, the form has been updated to include Central America and the Caribbean in the list of regions that may expose passengers to Yellow Fever, ensuring more comprehensive health screening and compliance. The CEO Instrument imposes specific obligations on parties using the approved form. Firstly, passengers arriving in Australia by ship or aircraft must complete the "Incoming passenger card" form in Italian, providing all the required information truthfully and accurately. This includes declaring any prohibited or restricted goods, such as pornography, and being prepared to report traveller's cheques, money orders, or other bearer negotiable instruments if required. Additionally, passengers must disclose any travel history that may indicate exposure to Yellow Fever, particularly if they have visited Central America or the Caribbean. Failure to comply with the requirements set out in the Customs Act 1901 and the regulations, including the obligation to use the approved form and provide accurate information, can result in various consequences. While the Explanatory Statement does not detail specific penalties, breaches of customs regulations can generally lead to civil or criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties may apply, which can result in imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as outlined in the relevant sections of the Customs Act 1901 and other applicable laws.