EXPLANATORY STATEMENT
CEO Instrument of Approval No. 96 of 2005
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 (the CEO). Subsection 4A(2) of the Act provides that the instrument by which a form is approved 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 Instrument 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 unaccompanied personal or household effects of a passenger of a ship or an aircraft are such a class of goods (paragraph 68(1)(d) refers). Prior to 19 July 2005, subsection 71(1) of the Act provided that the owner of such goods “must, in any circumstances specified in the regulations, provide such information, at such time, and in such manner and form as the regulations specify...”.
On 19 July 2005, section 71 was repealed and replaced by the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. The requirement on a passenger to provide information about their unaccompanied personal or household effects is now contained in new section 71AAAB of the Act.
Regulation 41 of the Customs Regulations 1926 (the Regulations) has been amended as a consequence of the enactment of new section 71AAAB and provides that if a Collector requires information under section 71AAAB of the Act, then it must be provided in an approved form or an approved statement. Under regulation 41, the CEO has previously approved, for the purposes of section 71 of the Act, an “Unaccompanied Personal Effects Statement” form in English, which is used by arriving passengers to provide information about the passengers unaccompanied personal or household effects.
The CEO has now approved the same “Unaccompanied Personal Effects Statement” form for the purposes of new section 71AAAB of the Act.
CEO Instrument of Approval No. 96 of 2005 approves the "Unaccompanied Personal Effects Statement (B534 (09/05))” form as an approved form for the purpose of providing information required under section 71AAAB of the Act and regulation 41 of the Regulations in relation to goods that are the unaccompanied personal or household effects of a passenger.
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Commencement
The instrument commences on the day after it is registered.
Overview
The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was enacted to modernise and streamline international trade processes within Australia, addressing inefficiencies and outdated practices in customs regulation. This legislation was introduced by the Australian Parliament to enhance the efficiency and effectiveness of customs operations, particularly in relation to the declaration and management of unaccompanied personal and household effects of passengers. One of the key provisions of the Act is the introduction of new section 71AAAB, which replaced the previous subsection 71(1) of the Customs Act 1901. This change aimed to simplify and update the regulatory framework concerning the information required from passengers regarding their unaccompanied personal or household effects. As part of this modernisation effort, CEO Instrument of Approval No. 96 of 2005 was issued to approve the "Unaccompanied Personal Effects Statement (B534 (09/05))" form, ensuring that it meets the requirements of the new legislative framework and facilitates smoother customs clearance processes.
Scope and Application
The CEO Instrument of Approval No. 96 of 2005 applies to individuals who are passengers arriving in Australia and who possess unaccompanied personal or household effects. These effects must be declared in accordance with the Customs Act 1901 and its associated regulations, specifically under section 71AAAB and regulation 41. The instrument's application extends across the entire Commonwealth of Australia and is pertinent to the conduct of declaring goods at the border. The scope of the instrument is limited to the approval of a specific form for the declaration of such goods, which is the "Unaccompanied Personal Effects Statement (B534 (09/05))” form. The instrument does not include any stated exclusions or exemptions, and its application is not contingent upon any thresholds. The instrument may be extended or restricted through subordinate instruments, but no such measures are indicated in the provided text. The approval of this form facilitates the process of declaring unaccompanied personal or household effects for arriving passengers, ensuring compliance with the requirements set out in the Customs Act 1901 and its associated regulations.
Key Provisions
The CEO Instrument of Approval No. 96 of 2005 is a pivotal document under the Customs Act 1901, which serves to approve a specific form used by travellers entering Australia. According to section 4A(1) of the Act, an approved form is one that has been formally endorsed by the Chief Executive Officer of Customs, and this instrument now includes the "Unaccompanied Personal Effects Statement (B534 (09/05))" form for use under section 71AAAB and regulation 41 of the Customs Regulations 1926 (paragraphs 68(1)(d) to (i)). This form is intended for passengers to provide details about their unaccompanied personal or household effects, which are exempt from certain entry requirements when imported into Australia.
The approval of this form by the CEO means that it is now the officially recognised method for passengers to report their unaccompanied personal or household effects. This requirement is a direct consequence of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, which replaced the previous subsection 71(1) of the Act. The new provision, section 71AAAB, stipulates that if a Collector requests information under this section, it must be submitted either in the approved form or in an approved statement. Regulation 41 of the Customs Regulations 1926 further reinforces this by mandating that the information be provided in an approved form if required by a Collector.
Parties subject to the Act, particularly passengers entering Australia with unaccompanied personal or household effects, must comply with these provisions. This means that they are obligated to complete the approved "Unaccompanied Personal Effects Statement" form when asked by a Collector, ensuring all necessary information is provided in the correct format. Failure to comply with these requirements could potentially lead to complications or delays at customs, although the explanatory statement does not specify any particular penalties or consequences for non-compliance.
While the explanatory statement does not detail specific offences or penalties for failing to use the approved form or provide the required information, the Customs Act 1901 and associated regulations do provide a framework for enforcement. Typically, non-compliance with customs regulations can lead to various civil and criminal penalties, depending on the severity and intent behind the breach. The Act and its regulations may provide for fines, seizure of goods, or other enforcement actions, but these are not explicitly detailed in the CEO Instrument of Approval No. 96 of 2005. The focus of this instrument is primarily on formalising the approved form for information submission rather than outlining the full spectrum of potential penalties.