EXPLANATORY STATEMENT
CEO Instrument of Approval No. 9 of 2010
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 2010 approves the "Incoming passenger card" form (No. 15 IND (Design date 11/10)) 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 change from the previously approved "Incoming passenger card" form involves the inclusion in Question 1 of the word ‘illegal’ immediately before the word 'pornography.’ The “Incoming passenger form” as it currently reads includes all pornography. By including an express reference to 'illegal pornography' is intended to clarify the type of pornography that must be declared.
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. However, Customs and Border Protection has consulted with key stakeholders including Classification Operations Branch of the Attorney-General’s Department and the key association representing the Australian adult retailers and entertainment industry about the preferred approach to amending the wording of the IPC to clarify the type of pornography to be declared on arrival.
Commencement
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Customs Act 1901 was amended to include CEO Instrument No. 9 of 2010, which addresses the need for clarity in the declaration of accompanied personal or household effects of passengers, particularly concerning the type of pornography that must be declared upon entering Australia. This instrument was enacted to ensure that incoming passengers provide accurate information regarding prohibited items, specifically clarifying the requirement to declare illegal pornography. The instrument was approved by the Chief Executive Officer of Customs and is considered a legislative instrument under the Legislative Instruments Act 2003. The policy objective behind this instrument is to enhance the accuracy and clarity of declarations made by passengers, ensuring compliance with Australian laws and regulations regarding prohibited goods.
Scope and Application
The Customs Act 1901, as amended and supported by the CEO Instrument of Approval No. 9 of 2010, pertains to the procedures for declaring accompanied personal or household effects brought into Australia by passengers arriving via ship or aircraft. Specifically, the Act mandates that the owner of such goods must provide certain information in an approved form or statement, as outlined in the Customs Regulations 1926. The approved form, the "Incoming passenger card," serves this purpose, and its use is crucial for complying with the requirements under subsection 71AAAB(1) of the Act. The approved form has been updated to include the term 'illegal' immediately before 'pornography' in Question 1 to clearly specify that only illegal pornography must be declared. This amendment aims to clarify the type of goods that need to be reported upon entry into Australia. The instrument applies nationally across Australia and is effective from the day it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Customs Act 1901, specifically under subsection 4A(1) and (2), establishes that an approved form is one that is formally approved by the Chief Executive Officer of Customs. These approved forms are designated as legislative instruments under the Legislative Instruments Act 2003. One such approved form is the "Incoming passenger card," which is designated under CEO Instrument No. 9 of 2010 for the purpose of providing information in the Indonesian language about imported goods that are accompanied personal or household effects of a passenger of a ship or aircraft. This information must be provided as required under subsection 71AAAB(1) of the Act, at the time and in the manner and form specified in the regulations.
The primary obligation imposed by the Customs Act 1901 is that the owner of goods, which are accompanied personal or household effects of a passenger, must provide specified information at the time and in the manner and form prescribed by the regulations. Regulation 41 of the Customs Regulations 1926 further mandates that if a Collector requires information under subsection 71AAAB(1), it must be provided in an approved form or an approved statement. The "Incoming passenger card" serves as an approved form for this purpose, with the latest version specifying the need to declare 'illegal pornography'. This change clarifies the type of pornography that must be declared upon entry into Australia.
There are no specific offences, penalties, or consequences for breaches outlined in the explanatory statement regarding the approval of the "Incoming passenger card." However, it is implicit that failure to comply with the requirements of the Customs Act 1901 and the associated regulations could lead to various enforcement actions by Customs and Border Protection, potentially including fines, seizures, or other civil or criminal penalties as stipulated elsewhere in the Act.