Customs Act 1901 - CEO Instrument of Approval No. 9 of 2010 (2012)

Administered by Department of Home Affairs

Legislation au F2012L01751 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Instrument of Approval No. 9 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. 9 of 2012 approves the "Incoming passenger card" form (No. 15 JAP (Design date 09/12)) as the approved form for the purposes of providing, in the Japanese 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. 9 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. 9 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 Japanese 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 regulatory framework for customs and border control in Australia. One of its provisions, subsection 4A(1), defines an approved form as a form approved by the Chief Executive Officer of Customs (CEO) in writing. The Customs Act 1901 also provides that the instrument by which a form is approved by the CEO is a disallowable instrument under the Acts Interpretation Act 1901. Under the Legislative Instruments Act 2003, approved forms are considered legislative instruments. CEO Instrument No. 9 of 2012, approved the "Incoming passenger card" form (No. 15 JAP (Design date 09/12)) as the approved form for the purposes of providing, in the Japanese 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.

Scope and Application

The Customs Act 1901, as amended by CEO Instrument of Approval No. 9 of 2012, pertains to individuals and entities involved in the import of personal or household effects of passengers arriving in Australia by ship or aircraft. This includes travellers who are required to provide information regarding their accompanied goods at the time of entry into Australia. The instrument specifically approves a form for the collection of this information, ensuring compliance with Australian Customs and related laws. The geographic reach of this legislation is national, applying across all states and territories of Australia. The Act does not specify exclusions or exemptions, but rather provides a framework through which specific forms and procedures are approved and enforced. The approval process for forms such as the "Incoming passenger card" in the Japanese language is subject to regulation and can be extended or restricted through subordinate instruments, as demonstrated by the amendment to reflect changes in duty-free allowances for tobacco products effective from 1 September 2012.

Key Provisions

CEO Instrument of Approval No. 9 of 2012 pertains to the Customs Act 1901 and provides the approval of a specific form, the "Incoming passenger card," for use in the collection of information regarding imported goods that are accompanied personal or household effects of a passenger of a ship or an aircraft. The approval is given in the Japanese language and reflects the recent amendment to the duty-free concession amount for tobacco products. This form is essential for complying with the information requirements stipulated in subsection 71AAAB(1) of the Act and regulation 41 of the Customs Regulations 1926. The obligations imposed by this instrument on the parties it governs include the requirement for passengers of incoming ships and aircraft to complete the approved form in the Japanese language, providing specific information about their personal and household effects, particularly in relation to tobacco products. The form must be completed accurately and in accordance with the regulations specified in the Customs Act and its subsidiary legislation. Failure to comply with these requirements could result in non-compliance with Australian Customs laws and potential penalties. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach in the explanatory statement. However, it is implied that non-compliance with the information requirements could lead to enforcement actions under the Customs Act 1901. Penalties for breaches of customs regulations can be severe and may include fines, imprisonment, or both, depending on the nature and severity of the offence. The specifics of these penalties would be determined by the relevant sections of the Customs Act and any applicable regulations.

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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.