Commonwealth of Australia
Migration Act 1958
Migration Regulations 1994
INSTRUMENT OF APPROVAL OF FALL-BACK REPORTING SYSTEM
(INTERNATIONAL PASSENGER AIRCRAFT - CREW)
I, WILLIAM JOHN FARMER, Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), acting under section 245K of the Migration Act 1958 (‘the Act’) hereby:
- APPROVE the following systems:
(a) reporting to DIMIA’s Entry Operations Centre (EOC) by telephone to either of the following telephone numbers in Australia;
(i) (02) 6264 4483;
(ii) (02) 6264 1684;
(b) reporting to the EOC by facsimile to facsimile number (02) 6264 3110 in Australia;
(c) reporting to the EOC by SITATEX to the address CBRIXCR
as the systems of reporting, for the purposes of fall-back reporting under Division 12B of Part 2 of the Act, on crew of international passenger aircraft as defined in subregulation 3.13A(2) of the Migration Regulations 1994 (‘the Regulations’); and
2. SPECIFY the information set out in the Schedule to this instrument as the information that is to be reported in respect of all crew of international passenger aircraft.
This instrument takes effect from 1 January 2004.
Dated 19 December 2003
WILLIAM FARMER
Secretary of the Department of Immigration and Multicultural and Indigenous Affairs
[NOTE 1: Subsection 245K(1) of the Act provides the Secretary must, in writing, approve one or more systems as fall-back reporting systems. A system may be an electronic system or a system requiring reports to be provided in a documentary form.
NOTE 2: An approval made under subsection 245K(1) of the Act can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.
NOTE 3: Subsection 245K(2) of the Act relevantly provides the instrument of approval of a system must specify the information about crew that is to be reported by that system.
NOTE 4: Subsection 245K(3) of the Act relevantly provides an instrument of approval made under section 245K of the Act, or a variation or revocation of such an instrument, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
NOTE 5: Subregulation 3.13A(2) of the Regulations defines the term "international passenger aircraft" to mean an aircraft that is being used to provide a regular international passenger air service or an international passenger charter air service.]
Schedule
INTERNATIONAL PASSENGER AIRCRAFT - CREW
Item | Description |
1 | The flight number, port of arrival of the aircraft and the expected date of arrival of the aircraft. |
2 | Where the operator has confirmed that crew have boarded the aircraft, the persons hold: (a) a travel document, other than an Australian or New Zealand passport, and a visa which is in effect that permit the persons to travel to and enter Australia; (b) an Electronic Travel Authority (ETA); or (c) a current Australian or New Zealand passport. |
3 | For crew whom the operator has not confirmed as falling within item 2, whether the operator has obtained up-lift approval from DIMIA’s EOC. |
Overview
The Migration Act 1958 was enacted to provide for the control of immigration into Australia and the departure from Australia of people. The Act was introduced to address the need for stringent management of the movement of people across Australian borders to ensure national security and public safety. The Migration Regulations 1994 were made under the Act to provide further detail on the administration of the Act. The Fall-Back Reporting System (International Passenger Aircraft - Crew) legislative instrument, approved by William John Farmer, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, aims to ensure that crew members of international passenger aircraft are reported to the Department’s Entry Operations Centre. This system acts as a contingency to maintain border control in case of technical or operational failures in other reporting systems. The approval specifies the reporting systems and the required information, ensuring that the Department can continue to monitor and manage the entry of crew members effectively.
Scope and Application
The Migration Act 1958, administered by the Department of Immigration and Multicultural and Indigenous Affairs, governs various aspects of migration within Australia. This Act, along with the Migration Regulations 1994, provides the framework for controlling the movement of people into and out of Australia. One specific aspect of this legislation pertains to the reporting of crew members on international passenger aircraft, which is addressed in Division 12B of Part 2 of the Act. Under this division, the Secretary of the Department is required to approve fall-back reporting systems to ensure that the Department receives necessary information about the crew members on international flights. The approved systems include reporting to the Entry Operations Centre via telephone, facsimile, or SITATEX. These systems are designed to capture critical data about crew members to facilitate the enforcement of Australia's immigration laws. The instrument of approval specifies the exact information that must be reported, such as flight details, travel documents, and visa status of crew members. The approved systems and specified information take effect from 1 January 2004, ensuring that the Department is adequately informed to manage the arrival of international passenger aircraft crew in compliance with Australian immigration regulations.
Key Provisions
The legislative instrument, titled "Instrument of Approval of Fall-Back Reporting System (International Passenger Aircraft - Crew)," establishes the systems through which airlines must report certain information about the crew of international passenger aircraft to the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). According to section 245K of the Migration Act 1958, the Secretary of DIMIA is required to approve one or more systems that airlines can use to report this information as a fall-back measure. The systems approved include telephone reporting to specified numbers in Australia (section 1(a)), facsimile reporting to a specified facsimile number in Australia (section 1(b)), and SITATEX reporting to a specified address in Australia (section 1(c)).
The approved systems must be used to report specific information regarding the crew of international passenger aircraft, as defined in the Migration Regulations 1994. The information to be reported includes the flight number, port of arrival, expected date of arrival, and details about the crew's travel documents or visas (Schedule, Item 1). For crew members whose travel documents and visas have been confirmed by the operator, the information must include whether the crew hold a travel document and a visa that permit travel to Australia, an Electronic Travel Authority (ETA), or a current Australian or New Zealand passport (Schedule, Item 2). For crew members not confirmed to meet these criteria, the report must indicate whether the operator has obtained uplift approval from DIMIA’s Entry Operations Centre (Schedule, Item 3).
Failure to comply with the reporting requirements established by this legislative instrument may result in legal consequences. While the specific penalties for non-compliance are not detailed in the instrument, breaches of the Migration Act 1958 can generally lead to civil or criminal penalties, including fines and imprisonment, depending on the severity and circumstances of the breach. Additionally, the instrument notes that any variation or revocation of the approved systems can be subject to disallowance under the Acts Interpretation Act 1901. This underscores the importance of adhering to the specified reporting systems and information requirements to avoid any potential legal repercussions.