Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System

Administered by Department of Home Affairs

Legislation au F2017L00306 In force Legislative Instrument

Legislation content

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

Overview

The Comptroller-General of Customs Instrument of Approval No. 1 of 2017 – Advance Passenger Processing System was enacted in 2017 to maintain the approval of the Advance Passenger Processing (APP) System in accordance with the Customs Act 1901. The Act addresses the gap arising from the sunsetting of CEO Instrument of Approval No. 42 of 2002, which previously approved the APP System. The APP System is an electronic means by which operators of aircraft must report passenger information to the Department of Home Affairs before arrival at an Australian port or airport. The Instrument of Approval ensures that operators of eligible flights comply with the statutory obligation under section 64ACA of the Customs Act 1901, which mandates the electronic submission of passenger information. The policy objective is to facilitate the efficient processing of passenger information to support national security and border control measures. The Instrument was made without consultation as it was considered to be of a minor or machinery nature and did not substantially alter existing arrangements. The Instrument commenced on 1 April 2017 and is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights attached to the Instrument.

Scope and Application

The Comptroller-General of Customs Instrument of Approval No. 1 of 2017, concerning the Advance Passenger Processing System, applies to operators of aircraft engaged in airline services that meet certain criteria, such as being available to the general public on a regular basis, operating on fixed schedules to or from fixed terminals over specific routes, and charging a fee for the service. This legislation serves to ensure that such operators comply with the obligation under section 64ACA of the Customs Act 1901 to report details of each passenger to the Department of Home Affairs before arrival in Australia. The geographic scope of this Act is national, as it pertains to all aircraft arriving at Australian ports. The Act does not exclude any specific persons, entities, or industries, but rather applies broadly to all operators meeting the specified criteria. The approval of the Advance Passenger Processing System under this legislation is subject to the stipulations of the Customs Act 1901 and the new legislative instrument, which replaced a previous approval instrument that expired on 1 April 2017. The Act allows for potential extensions or restrictions of its application through subordinate instruments, although no such measures are currently in place.

Key Provisions

The Comptroller-General of Customs Instrument of Approval No. 1 of 2017 (the New Instrument) serves to approve the Advance Passenger Processing System (the APP System) for use in reporting passenger information for flights arriving in Australia. Under section 64ACA of the Customs Act 1901, operators of aircraft on commercial airline services must report certain passenger information electronically. The New Instrument ensures the APP System remains an approved method for this reporting. The APP System was previously approved by CEO Instrument of Approval No. 42 of 2002, but that approval ceased on 1 April 2017, necessitating the new approval to maintain compliance with the Customs Act. The New Instrument imposes specific obligations on the operators of commercial aircraft arriving in Australia. These operators must report passenger information electronically through the APP System, ensuring that details such as passenger names, passport numbers, and travel details are submitted prior to the aircraft's arrival. This requirement applies to any aircraft operating on a scheduled airline service, provided for a fee and available to the general public on a regular basis. Failure to comply with the reporting obligations set out in the Customs Act and the New Instrument can result in significant consequences. Under the Customs Act, operators who fail to report passenger information as required can be subject to penalties. While the specific penalties are not detailed in the New Instrument, penalties under the Customs Act can include substantial fines and potential criminal charges, particularly if the failure is deemed to be deliberate or repeated. The New Instrument also includes a Statement of Compatibility with Human Rights, confirming that the approval of the APP System does not engage, impact on, or limit human rights and freedoms as recognised in international human rights instruments. This statement ensures that the approval process aligns with human rights standards, indicating that the operation of the APP System does not infringe on any rights or freedoms. Overall, the New Instrument facilitates the continued use of the APP System for electronic passenger reporting, ensuring that operators of commercial aircraft comply with the statutory requirements under the Customs Act. The approval process and the obligations it imposes are designed to enhance border security and facilitate the efficient processing of passenger information upon arrival in Australia.

Legal classification tags

Area of Law
Administrative Law
Immigration & Refugee Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.