immigration customs-law
Must an Incoming Passenger Card/Arrival card be done as a citizen
<p>Are you legally required to do a customs declaration before you enter into Australia/any other western country?</p>
<p>As a citizen with a valid passport it seems crazy that a tiny piece of cardboard could prevent us entry into the country of our birth, provided customs found no evidence of law breaking.</p>
<p>I am struggling to find an example where someone is forced to make a declaration before being able to access a location they have full legal rights to be in.</p>
<p>It might even be in breach of self criminalisation protections.</p>
<p>Does anyone know what would happen?</p>
<p>Thanks</p>

<h2>No, you can pay the <a href="https://Migration%20Regulations%201994" rel="nofollow noreferrer">fine</a> instead</h2>
<blockquote>
<p><strong>MIGRATION REGULATIONS 1994 - REG 3.08</strong></p>
<p>Offence--failure to complete a passenger card</p>
<p>(1)  A person who is required by these Regulations to complete a passenger card must not fail to do so.</p>
<p>Penalty:  10 penalty units.</p>
<p>(2)  Strict liability applies to subregulation (1).</p>
</blockquote>
<p>This is <a href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/fines-and-penalties/" rel="nofollow noreferrer">presently</a> $2,750.</p>
<p>You have 2 business days after you arrive to provide the card, otherwise you get the fine.</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="tag-united-states-tooltip-container">united-states</a></p>
<p>The form is obligatory – 19 CFR 122.27, 19 CFR Part 148. If you bring in anything that must be declared (even an amount that is free of import duties), it can be confiscated for a civil forfeiture proceeding. Under <a href="https://www.law.cornell.edu/uscode/text/19/1497" rel="nofollow noreferrer">19 USC 1497</a>, you are also subject to a fine equal to the amount of the item(s), assuming that the items are not controlled substances. Ultimately, even with refusal to provide the declaration form, as a citizen you are entitled to admission, after &quot;inspection&quot; to determine that you are a citizen. Once you have been processed for violating the requirement to declare, you can go about your business.</p>

<blockquote>
<p>As a citizen with a valid passport it seems crazy that a tiny piece of
cardboard could prevent us entry into the country of our birth</p>
</blockquote>
<p>This is the flaw in the question's reasoning. Failure to declare isn't a basis from excluding you from entering the country of your citizenship. The consequence for disobeying the rule is punishing you criminally or with a civil fine for failing to comply with a government disclosure requirement.</p>
<p>In the same vein, you have a duty to file certain tax returns. But the punishment for a citizen who doesn't file a tax return isn't to deport that citizen to some other random country. It is to prosecute you for failing to file a tax return for which you could be fined and/or imprisoned.</p>
