Migration Act 1958 Instrument of Approval of Fall-Back Reporting System (International Passenger Aircraft Passengers) (19/12/2003) (Cth)

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

INSTRUMENT OF APPROVAL OF FALL-BACK REPORTING SYSTEM

(INTERNATIONAL PASSENGER AIRCRAFT - PASSENGERS)

I, WILLIAM JOHN FARMER, Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), acting under section 245K of the Migration Act 1958 (‘the Act’) hereby:

1.REVOKE the instrument made by me on 20 December 2002 under section 245K of the Act; and

2.APPROVE the following systems:

(a)reporting to DIMIA’s Entry Operations Centre (EOC) by telephone to either of the following telephone numbers in Australia;

(i)   [phone];

(ii)[phone];

(b)reporting to the EOC by facsimile to facsimile number [phone] in Australia;

(c)reporting to the EOC by SITATEX to the address CBRIXCR

as the systems of reporting, for the purposes of fall-back reporting under Division 12B of Part 2 of the Act, on passengers of international passenger aircraft as defined in subregulation 3.13A(2) of the Migration Regulations 1994 (‘the Regulations’); and

3.SPECIFY the information set out in the Schedule to this instrument as the information that is to be reported in respect of all passengers of international passenger aircraft.

This instrument takes effect from 1 January 2004.

Dated 19 December 2003

WILLIAM FARMER

Secretary of the Department of Immigration and Multicultural and Indigenous Affairs

[NOTE 1: Subsection 245K(1) of the Act provides the Secretary must, in writing, approve one or more systems as fall-back reporting systems. A system may be an electronic system or a system requiring reports to be provided in a documentary form.

NOTE 2: An approval made under subsection 245K(1) of the Act can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

NOTE 3: Subsection 245K(2) of the Act relevantly provides the instrument of approval of a system must specify the information about passengers that is to be reported by that system.

NOTE 4: Subsection 245K(3) of the Act relevantly provides an instrument of approval made under section 245K of the Act, or a variation or revocation of such an instrument, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

NOTE 5: Subregulation 3.13A(2) of the Regulations defines the term "international passenger aircraft" to mean an aircraft that is being used to provide a regular international passenger air service or an international passenger charter air service.]

Schedule

INTERNATIONAL PASSENGER AIRCRAFT - PASSENGERS

Item

Description

1

The flight number, port of arrival of the aircraft and the expected date of arrival of the aircraft.

2

Where the operator has confirmed that the passenger has boarded the aircraft, the person holds:

(a)     a travel document, other than an Australian or New Zealand passport, and a visa which is in effect that permits the person to travel to and enter Australia; 

(b)     an Electronic Travel Authority (ETA); or

(c)     a current Australian or New Zealand passport.

3

For passengers whom the operator has not confirmed as falling within item 2, whether the operator has obtained up-lift approval from DIMIA’s EOC.