Commonwealth of Australia
Migration Act 1958
Migration Regulations 1994
INSTRUMENT OF APPROVAL OF FALL-BACK REPORTING SYSTEM
(INTERNATIONAL PASSENGER AIRCRAFT - PASSENGERS)
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:
- REVOKE the instrument made by me on 20 December 2002 under section 245K of the Act; and
2. 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 passengers of international passenger aircraft as defined in subregulation 3.13A(2) of the Migration Regulations 1994 (‘the Regulations’); and
3. SPECIFY the information set out in the Schedule to this instrument as the information that is to be reported in respect of all passengers 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 passengers 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 - PASSENGERS
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 the passenger has boarded the aircraft, the person holds: (a) a travel document, other than an Australian or New Zealand passport, and a visa which is in effect that permits the person to travel to and enter Australia; (b) an Electronic Travel Authority (ETA); or (c) a current Australian or New Zealand passport. |
3 | For passengers 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, enacted by the Commonwealth Parliament of Australia, was introduced to manage and regulate the movement of people into, within, and out of Australia, addressing issues of immigration and border control. The Act provides the legislative framework for controlling the entry, stay, and departure of non-citizens, ensuring that the flow of migration benefits the Australian community while maintaining the integrity of the nation's borders. The Migration Regulations 1994 complement the Act by providing detailed rules and procedures for its implementation. This legislative instrument, the "Instrument of Approval of Fall-Back Reporting System (International Passenger Aircraft - Passengers)", was issued by William John Farmer, Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), under section 245K of the Act to specify alternative reporting systems for ensuring compliance with the Act's requirements in the event of a primary system failure. The policy objective of this instrument is to maintain the continuity of reporting on international passenger aircraft passengers to DIMIA, ensuring that necessary immigration checks and border security measures are upheld.
Scope and Application
The Migration Act 1958, through its subsidiary legislation, the Migration Regulations 1994, governs the reporting systems for international passenger aircraft entering Australia. This specific legislative instrument pertains to the approval of fall-back reporting systems for passengers on such aircraft, as outlined by the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs. This Act applies to international passenger aircraft operators, ensuring compliance with the stipulated reporting requirements. The systems approved for reporting include telephone, facsimile, and SITATEX methods, all directed to the Entry Operations Centre. These provisions are designed to ensure the timely and accurate reporting of passenger details, ensuring compliance with immigration regulations. The jurisdictional reach of this legislation is national, encompassing all international passenger aircraft entering Australian territory. Exclusions and exemptions are not explicitly stated in this instrument, but the scope is inherently limited to fall-back reporting systems for international passenger aircraft as defined in the Regulations. The application of this Act may be further detailed or modified through subordinate instruments, as permitted by the provisions within the primary Act and the Acts Interpretation Act 1901.
Key Provisions
The key provisions of this instrument of approval, which was issued under section 245K of the Migration Act 1958, revolve around the fall-back reporting systems for passengers on international passenger aircraft. Section 245K(1) requires the Secretary to approve certain systems for reporting passenger information, and this instrument revokes the previous approval and establishes new reporting systems (section 2). These include reporting to the Department of Immigration and Multicultural and Indigenous Affairs' Entry Operations Centre (EOC) via telephone (section 2(a)), facsimile (section 2(b)), and SITATEX (section 2(c)). The information to be reported, specified in the Schedule, includes the flight number, port of arrival, expected date of arrival, and whether the passenger holds a valid travel document, an Electronic Travel Authority, or a current Australian or New Zealand passport (section 3).
The obligations imposed by this instrument on the parties involved, primarily the operators of international passenger aircraft, are to report certain specified information about their passengers to the EOC. This includes confirming whether each passenger has boarded the aircraft with the necessary travel documents and visas to enter Australia, or whether the operator has obtained uplift approval from the EOC for passengers who do not meet these criteria (Schedule, items 2 and 3). This ensures that the EOC has all necessary information to manage the arrival of international passengers and enforce immigration laws effectively.
In terms of penalties and consequences for non-compliance, although the instrument itself does not detail specific penalties, breaches of the Migration Act 1958 and the Migration Regulations 1994 can result in substantial civil and criminal penalties. For instance, failure to report passenger information as required could lead to fines and other enforcement actions. The maximum penalties for breaches of the Migration Act can vary widely depending on the specific offence, but they can include significant financial penalties and, in some cases, imprisonment. The precise consequences would be determined by the relevant provisions of the Act and the severity of the breach.