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

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

INSTRUMENT OF APPROVAL OF FALL-BACK REPORTING SYSTEM

(INTERNATIONAL PASSENGER CRUISE SHIP - PASSENGERS AND CREW)

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.APPROVE the following systems of reporting:

(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 and crew of international passenger cruise ships, as defined in subregulation 3.13B(2) of the Migration Regulations 1994 (‘the Regulations’); and

2.SPECIFY the information set out in the Schedule to this instrument as the information that is to be reported in respect of all passengers and crew of international passenger cruise ships.

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 provides the instrument of approval of a system must specify the information about passengers or crew 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 3.13B(2) of the Regulations defines the term "international passenger cruise ship" to mean a ship that has sleeping facilities for at least 100 persons (other than crew members) and is being used to provide an international passenger sea transportation service.]

Schedule

INTERNATIONAL PASSENGER CRUISE SHIP - PASSENGERS AND CREW

Item

Description

1

The Lloyd’s Shipping Number (the unique seven digit number assigned by the Lloyd’s Register of Ships), port of arrival of the ship and the expected date of arrival of the ship.

2

Where the operator has confirmed that the passengers and crew have boarded the ship, the persons hold:

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