Overview

The Migration Act 1958 was enacted to provide a comprehensive legislative framework for the control of migration to, from, and within Australia. It was introduced to address the need for a unified and effective system of immigration regulation, replacing a series of disparate laws and regulations. The Act is administered by the Parliament of the Commonwealth of Australia, and its overarching policy objective is to manage the flow of people to Australia in a manner that protects the nation’s security, economic interests, and social fabric. The Act includes provisions for the regulation of entry and stay of non-citizens, citizenship, and the departure of non-citizens from Australia. The fall-back reporting system for international passenger cruise ship passengers and crew, as outlined in the legislative instrument, is one of the mechanisms through which the Act ensures that immigration controls are maintained even in the event of technological failures or other disruptions.

Scope and Application

The legislative instrument approved by the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs under section 245K of the Migration Act 1958 establishes fall-back reporting systems for the identification and verification of passengers and crew on international passenger cruise ships. These systems are designed to ensure compliance with migration requirements and are applicable to operators of international passenger cruise ships, which are defined in the Migration Regulations 1994 as ships with sleeping facilities for at least 100 persons (excluding crew) that provide international passenger sea transportation services. The approved reporting methods include telephone calls to specific numbers, facsimile transmissions, and SITATEX transmissions to a designated address within Australia. The instrument specifies that the reporting must include the Lloyd’s Shipping Number, port of arrival, expected arrival date, and details regarding the travel documents and visas of passengers and crew. The approved systems are integral for maintaining immigration control over international passenger cruise ships and ensure that all necessary information is communicated to the Department’s Entry Operations Centre. The instrument’s scope is geographically limited to Australia, with specific instructions for reporting within the country. The systems and information to be reported are mandatory for all operators of international passenger cruise ships, and the instrument can be varied or revoked under the Acts Interpretation Act 1901. The instrument is a disallowable instrument, meaning it can be subject to disallowance by resolution of either House of the Parliament. This legislative measure underscores the importance of having reliable and approved reporting mechanisms to support the enforcement of migration laws concerning international passenger cruise ships.

Key Provisions

The key operative sections of this legislative instrument are sections 245K(1), 245K(2) and 245K(3) of the Migration Act 1958. Section 245K(1) mandates that the Secretary must approve one or more systems for reporting on international passenger cruise ship passengers and crew in the event of a fall-back reporting scenario. Section 245K(2) requires the instrument of approval to specify the information that must be reported under the approved systems. Section 245K(3) specifies that any instrument of approval, variation, or revocation made under section 245K of the Act is a disallowable instrument for the purposes of the Acts Interpretation Act 1901. The approved systems of reporting to the Department of Immigration and Multicultural and Indigenous Affairs’ Entry Operations Centre (EOC) include reporting by telephone, facsimile, and SITATEX. The operator of an international passenger cruise ship must report specified information about the passengers and crew to the EOC using one of these approved systems. The information to be reported includes the Lloyd’s Shipping Number, the port of arrival, the expected date of arrival, whether the passengers and crew hold valid travel documents or an Electronic Travel Authority (ETA), and whether the operator has obtained uplift approval from the EOC for those passengers and crew who have not been confirmed as holding valid travel documents. The Act imposes various obligations and requirements on the operator of an international passenger cruise ship. The operator must ensure that all passengers and crew hold valid travel documents, an ETA, or a current Australian or New Zealand passport. The operator must also confirm whether they have obtained uplift approval from the EOC for those passengers and crew who do not hold valid travel documents. Furthermore, the operator must report the specified information to the EOC using one of the approved reporting systems. There are potential civil or criminal consequences for breaches of the Act. While the specific penalties are not detailed in this legislative instrument, breaches of the Migration Act 1958 may result in penalties such as fines or imprisonment, depending on the nature and severity of the breach. Any instrument of approval, variation, or revocation made under section 245K of the Act is a disallowable instrument for the purposes of the Acts Interpretation Act 1901, meaning that Parliament can disallow the instrument within a specified period.