COMMONWEALTH OF AUSTRALIA
CEO INSTRUMENT OF APPROVAL No. 40 of 2002
CUSTOMS ACT 1901
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs, under section 4A and section 64ACA of the Customs Act 1901 (the Act), hereby approve the 'Passenger Report' (Form 2A (JAN 2003)) and 'Passenger Report' (Form 2B (JAN 2003)) as an approved form for the purpose of providing a documentary report on the passengers who will be on board a ship or aircraft at the time of its arrival at a port or airport.
This form is approved for use on and from 5 January 2003.
Dated: 4 December 2002
LIONEL BARRIE WOODWARD
Chief Executive Officer of Customs
| Approved Form Customs Act 1901 Section 64ACA Form 2A |
PASSENGER REPORT PAGE 1 Intended Australian *Port/Airport: | | | ETA and date at intended *Port/Airport: | | | *Name of Ship/Aircraft Registration number: | | | Name of *Operator / Owner: | | | I declare that the particulars shown above, and on the attached pages numbered 2 to inclusive are true and correct and that those pages contain particulars relating to passengers of the *ship / aircraft. | Signature of *Master / Owner of Ship / Authorised Agent / Pilot-in-Command | | Date: / / |
* strike out whichever is not applicable |
| Passenger Report | Approved Form Customs Act 1901 Section 64ACA Form 2B |
Cabin No. (ships only) | Family Name | Given Names | Sex (M/F) | Date of Birth | Country of Issue of ID | **Passport or Identity Document Number | Nationality | *Port / Airport of Embarkation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
* Strike out whichever is not applicable ** Number not required for Australian coastal passengers. We require this information under section 64ACA of the Customs Act 1901 in order to assess passengers for the risk they may present in relation to a range of Commonwealth laws. Under subsection 64ACA(11) of the Customs Act 1901, the information provided must be disclosed to the Department of Immigration and Multicultural and Indigenous Affairs. This information may also be disclosed to a number of agencies including the Australian Federal Police, Australian Crime Commission, Attorney-General's Department and the Department of Foreign Affairs and Trade. |
Overview
The Commonwealth of Australia, under the Customs Act 1901, introduced the 'Passenger Report' (Form 2A and Form 2B) as an approved form for documenting passengers on board a ship or aircraft arriving at a port or airport. Enacted in 2002, this legislative instrument aimed to address the need for a systematic and standardised reporting mechanism to facilitate the assessment of passengers for potential risks related to various Commonwealth laws. The policy objective of this approval is to ensure that accurate and comprehensive passenger information is collected and shared with relevant authorities, including the Department of Immigration and Multicultural and Indigenous Affairs, to support the enforcement of immigration, customs, and other legislative requirements. This mechanism is critical in maintaining the security and regulatory compliance of Australia's borders.
Scope and Application
The approved forms under the Customs Act 1901 serve as a documentary report for passengers on ships and aircraft arriving at Australian ports or airports, applicable from 5 January 2003. These forms, designated as Form 2A and Form 2B, must be completed by the master, owner, authorised agent, or pilot-in-command of the vessel or aircraft, and they are used to provide detailed information about the passengers, including their names, dates of birth, nationalities, and countries of issue for their passports or identity documents. This data is essential for assessing the potential risks these individuals may pose in relation to various Commonwealth laws. Under subsection 64ACA(11) of the Act, the information collected must be shared with the Department of Immigration and Multicultural and Indigenous Affairs, and may also be disclosed to other agencies such as the Australian Federal Police, Australian Crime Commission, Attorney-General's Department, and the Department of Foreign Affairs and Trade. The scope of these forms is strictly limited to passengers on international flights and vessels, with no requirement for number details for Australian coastal passengers.
Key Provisions
The operative sections of the Customs Act 1901, specifically section 64ACA, mandate the use of approved forms for reporting passenger information upon arrival at Australian ports or airports. These forms, referred to as the 'Passenger Report' (Form 2A for ships and Form 2B for aircraft), are intended to provide detailed information about the passengers on board a vessel or aircraft. This information is crucial for assessing the potential risks that these passengers may pose under various Commonwealth laws, including immigration and security regulations. The forms must be filled out accurately and signed by the master, owner, authorised agent, or pilot-in-command, attesting to the truth and completeness of the provided information.
The Customs Act 1901 imposes specific obligations on the parties involved. The master, owner, or authorised agent of a ship or the pilot-in-command of an aircraft must ensure that the 'Passenger Report' form is completed accurately and signed before the arrival of the ship or aircraft at the Australian port or airport. This form must include the intended port or airport, estimated time of arrival, name of the ship or aircraft, operator or owner's details, and detailed passenger information such as name, date of birth, country of issue of ID, passport or identity document number, and nationality. Failure to provide this information or providing false information can result in legal repercussions.
Breaches of the requirements under section 64ACA of the Customs Act 1901 can lead to significant consequences. Providing false information or failing to complete the 'Passenger Report' form accurately can result in civil or criminal penalties. While the specific penalties are not outlined in the legislative instrument, the Act generally provides for fines and imprisonment for breaches of its provisions. Such penalties are intended to ensure compliance and the accurate reporting of passenger information to protect national security and enforce immigration laws.