Customs Act 1901 - CEO Instrument of Approval No. 42 of 2002

Overview

The Customs Act 1901, enacted by the Parliament of Australia, was amended to introduce measures that enhance border security and facilitate the efficient processing of passengers arriving by air. One significant legislative instrument under this Act, the CEO Instrument of Approval No. 42 of 2002, addresses the need for streamlined communication between air service operators and Australian Customs. This instrument approves the Advance Passenger Processing (APP) system, an electronic platform designed to allow operators of aircraft to report passenger information to the Australian Customs Service and the Department of Immigration and Multicultural and Indigenous Affairs prior to arrival. This system was introduced to facilitate more effective border management and to ensure that critical passenger information is available well in advance of flights, thereby improving the operational efficiency of customs and immigration services. The policy objective is to enhance the security and efficiency of passenger processing at the border, ensuring that relevant authorities have timely access to necessary information.

Scope and Application

The Advance Passenger Processing (APP) system, approved under the Customs Act 1901, is specifically tailored for use by operators of aircraft scheduled to arrive in Australia. This system serves as an electronic interface for the transmission of advance passenger information to the Department of Immigration and Multicultural and Indigenous Affairs and the Australian Customs Service. By facilitating the pre-arrival reporting of passengers, the APP system is designed to streamline customs and immigration processing, enhancing the efficiency of border control measures. The application of this system is geographically confined to Australia, applying to all aircraft operators whose flights are destined for Australian airports. The legislation does not explicitly delineate exclusions or exemptions, suggesting a broad application to all applicable aircraft operators. However, the scope of the Act can be further defined or modified through subordinate instruments, ensuring its continued relevance and adaptability in response to evolving security and operational requirements.

Key Provisions

The primary operative sections of the document (F2006B11626) involve the approval of the "Advance Passenger Processing" (APP) system under subparagraph 64ACA(2)(b) of the Customs Act 1901. This approval is given by Lionel Barrie Woodward, Chief Executive Officer of Customs, for use by operators of aircraft due to arrive in Australia. This system is intended to provide an electronic interface for the submission of advance passenger information to the Department of Immigration and Multicultural and Indigenous Affairs and the Australian Customs Service. The system became effective as of 5 January 2003, following the approval date of 4 December 2002. The APP system imposes specific obligations on the operators of aircraft arriving in Australia. These operators must use the APP system to send advance passenger information to the relevant authorities. This information is crucial for immigration and customs purposes, ensuring that all passengers on board are properly documented and verified before the aircraft arrives. The system facilitates the message-based interface between an air service system and the request capture system, thereby streamlining the process of passenger information reporting. Breaches of the requirements set out in the Customs Act 1901 can result in various penalties and consequences. Although the specific penalties are not detailed in the provided excerpt, the Act generally allows for fines and other sanctions for non-compliance with its provisions. The penalties could include both civil and criminal consequences, depending on the nature and severity of the breach. The maximum penalties would be determined in accordance with the broader legal framework established by the Customs Act 1901, which could potentially include substantial fines and imprisonment for more serious violations. The exact enforcement measures would be subject to the interpretation and application of the Act by relevant authorities.