Overview

The Customs Act 1901, as amended and supplemented by the CEO Instrument of Approval No. 7 of 2003, addresses the need for a streamlined process for electronically reporting cruise passenger information. This legislative instrument, approved by Lionel Barrie Woodward, Chief Executive Officer of Customs, under sections 4A and 64ACA(8) of the Act, provides a standardised set of data elements to be used for the electronic reporting of cruise passengers. The primary objective of this legislation is to facilitate the efficient and accurate transmission of passenger data to the Australian Customs and Border Protection Service, ensuring that the necessary information is collected in a consistent format. This approach aims to enhance border security and the management of cruise passenger arrivals by providing clear guidelines on the specific details required for each passenger, such as travel document number, country of issue, and personal information, thereby supporting the operational efficiency and policy objectives of the Act.

Scope and Application

The approved statement for electronic reporting of cruise passengers, as outlined in the CEO Instrument of Approval No. 7 of 2003 under the Customs Act 1901, pertains to the specific data elements required for reporting passengers who will be on board a ship at the time of its arrival at a port. This statement is intended to be used for the transmission of an electronic report as prescribed under subsections 64ACA(2) or 64ACA(4) of the Act. The information required includes the travel document number, which is the passport number of the passenger including any leading zeroes; the country of issue, denoted by the ICAO code of the issuing country as it appears in the passenger's passport; the surname and given names of the passenger as they appear in the passport; the date of birth in the format Dd/Mm/Yyyy, including all leading zeroes; the sex of the passenger as it appears in the passport; and a child indicator where applicable. This statement applies to cruise ship operators and relevant entities involved in the reporting process of passengers arriving in Australia by sea. The geographic reach of this approval is national, as it pertains to the Commonwealth of Australia, and it applies to all cruise ships arriving at Australian ports. Any exclusions or exemptions are not specified in the text, but it is noted that the statement is approved for use on and from the date of gazettal. The application and enforcement of this statement may be further detailed through subordinate instruments issued under the Customs Act 1901.

Key Provisions

The main sections of the instrument detail the data elements required for electronic reporting of cruise passengers. Section 1 outlines the approval of the "Data Elements Required for Electronic Reporting of Cruise Passengers" statement by Lionel Barrie Woodward, the Chief Executive Officer of Customs, under the authority provided by the Customs Act 1901. The statement itself, which is approved for use from the date of gazettal, specifies the data elements that must be included in the electronic report regarding passengers on board a ship arriving at a port. These data elements are detailed in section 2 and include the travel document number, the country of issue, the surname and given names of the passenger, the date of birth, sex, and a child indicator (section 2). The obligations imposed by the Act on the parties involved primarily concern the accurate and timely provision of passenger information in the specified format. The Chief Executive Officer of Customs, in approving the statement, mandates that the data elements listed must be included in any electronic report submitted under subsection 64ACA(2) or subsection 64ACA(4) of the Act. This includes ensuring that the passport number, country of issue, passenger names, date of birth, sex, and child indicator are correctly captured and reported. The requirement is that this information must be submitted in a specific format, ensuring consistency and ease of processing by customs authorities. Failure to comply with the requirements set out in the approved statement may lead to civil or criminal consequences. While the specific penalties are not detailed in the instrument, breaches of the Customs Act 1901 can result in substantial penalties. Under the Act, non-compliance can lead to fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but it is clear that adherence to the approved data elements is critical to avoid such repercussions. The approved statement underscores the importance of accurate and complete reporting to facilitate smooth and lawful processing of cruise passengers upon arrival at a port.