EXPLANATORY STATEMENT
Issued by the Authority of the Comptroller-General of Customs
Customs Act 1901
Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System
Authority
Section 64ACA of the Customs Act 1901 (the Act), amongst other things, imposes an obligation for the operator of a ship or aircraft that is due to arrive, from a place outside Australia, at a port or airport in Australia (whether it is the first or any subsequent port or airport of the voyage or flight) must report to the Department on each passenger who will be on board the ship or aircraft at the time of its arrival at the port or airport, and enables the Comptroller-General of Customs to approve, by legislative instrument, an electronic system by which a report containing information set out in an approved statement must be submitted for the purposes of subsection 64ACA(2) of the Act.
Subsection 64ACA(2) of the Act, in part, provides that the operator must give the report by the electronic system approved for the operator for the purposes of this subsection, if the aircraft is on a flight that is provided as part of an airline service:
- that is provided for a fee payable by those using it; and
- that is provided in accordance with fixed schedules to or from fixed terminals over specific routes; and
- that is available to the general public on a regular basis;
and the Comptroller‑General of Customs has, in writing, approved an electronic system for the operator for the purposes of this subsection.
The Instrument, titled the “Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System” (the New Instrument), is a legislative instrument made under subsection 64ACA(2) of the Act in accordance with subsection 64ACA(10) of the Act.
Background
The relevant electronic system, titled the “Advance Passenger Processing” System (the APP System), was approved by CEO Instrument of Approval No. 42 of 2002. This instrument sunsets on 1 April 2017 by operation of section 50 of the Legislation Act 2003 (the Legislation Act) and ceases to have any effect on that date. As a result, a new Instrument of approval is necessary to maintain the approval of the APP System in accordance with subsection 64ACA(2) of the Act.
Instrument
The New Instrument approves the APP System for the purpose of subsection 64ACA(2) of the Act so that an electronic report can be given by the operator of an aircraft to the relevant system in compliance with the imposed obligation under section 64ACA of the Act.
A Statement of Compatibility with Human Rights has been completed for the New Instrument in accordance with the requirement in paragraph 15J(2)(f) of the Legislation Act, and is at Attachment A.
Consultation
No consultation was undertaken under section 17 of the Legislation Act before the Instrument was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Commencement
The New Instrument commences on 1 April 2017.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System
This legislative instrument, titled the Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System (the New Instrument), is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
The New Instrument is made under subsection 64ACA of the Customs Act 1901 (the Act) and for the purposes of subsection 64ACA(2) of the Act.
Subsection 64ACA(2) of the Act, in part, provides that the operator must give the report by the electronic system approved for the operator for the purposes of this subsection, the aircraft is on a flight that is provided as part of an airline service:
- that is provided for a fee payable by those using it; and
- that is provided in accordance with fixed schedules to or from fixed terminals over specific routes; and
- that is available to the general public on a regular basis;
and the Comptroller‑General of Customs has, in writing, approved an electronic system for the operator for the purposes of this subsection.
The relevant electronic system, titled the “Advance Passenger Processing” System (the APP System), was approved by CEO Instrument of Approval No. 42 of 2002. This instrument sunsets on 1 April 2017 by operation of section 50 of the Legislation Act 2003 (the Legislation Act) and ceases to have any effect on that date. As a result, a new Instrument of approval is necessary to maintain the approval of the APP System in accordance with subsection 64ACA(2) of the Act.
Human Rights implications
The new Instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 and any of the applicable rights or freedoms.
Conclusion
The new Instrument is compatible with human rights as it does not raise any human rights issues.
Comptroller-General of Customs