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Are you legally required to do a customs declaration before you enter into Australia/any other western country?

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.

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.

It might even be in breach of self criminalisation protections.

Does anyone know what would happen?

Thanks

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    "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": A legal requirement to complete a written customs declaration isn't necessarily enforced by refusing entry. It could be that a citizen failing to complete the declaration is admitted but fined or imprisoned. The same is certainly true of any other "law breaking."
    – phoog
    Commented Mar 23, 2023 at 7:53
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    One reason you are "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" is that failure to declare isn't grounds to refuse entry in the UK - and presumably elsewhere as well. It's a separate matter entirely.
    – user35069
    Commented Mar 23, 2023 at 8:28
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    Consider that if you don't file taxes in most countries, you may be thrown in jail, and that's 1-2 orders of magnitude more complex than a silly immigration declaration.
    – user71659
    Commented Mar 23, 2023 at 8:38

3 Answers 3

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No, you can pay the fine instead

MIGRATION REGULATIONS 1994 - REG 3.08

Offence--failure to complete a passenger card

(1) A person who is required by these Regulations to complete a passenger card must not fail to do so.

Penalty: 10 penalty units.

(2) Strict liability applies to subregulation (1).

This is presently $2,750.

You have 2 business days after you arrive to provide the card, otherwise you get the fine.

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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 19 USC 1497, 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 "inspection" to determine that you are a citizen. Once you have been processed for violating the requirement to declare, you can go about your business.

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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

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.

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.

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