Migration Act 1958 - Instrument of Approval of Fall-Back Reporting Systems (International Passenger Cruise Ship – Passengers And Crew) 2015

Overview

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Cruise Ship – Passengers and Crew) 2015 was enacted under section 245K of the Migration Act 1958, which aims to provide a regulatory framework for the management of migration in Australia. This Instrument was introduced to address the need for updating and maintaining current reporting requirements for international passenger cruise ships, particularly concerning crew members. The Act is overseen by the Parliament of Australia, and the primary objective of this specific Instrument is to ensure that the reporting systems for international passenger cruise ship crew members remain effective following the sunsetting of the previous reporting system, F2005B02642, and to approve the Advance Passenger Processing System as an alternative reporting mechanism. The Instrument revokes the previous Instrument of Approval, F2005B02642, which was signed on 19 December 2003, and it extends its application to approve the new system. It authorises both electronic and documentary reporting systems for the purposes of Division 12B of Part 2 of the Migration Act. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary, and the Instrument is exempt from disallowance under the Legislative Instruments Act 2003, thus obviating the need for a Statement of Compatibility with Human Rights. The Instrument commences immediately after the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015, ensuring a seamless transition in the reporting requirements for international passenger cruise ship crew members.

Scope and Application

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Cruise Ship – Passengers and Crew) 2015 applies to the fall-back reporting systems for international passenger cruise ships, ensuring compliance with the Migration Act 1958. It specifically pertains to the reporting of each crew member on such ships, as defined under subregulation 3.13 of the Migration Regulations 1994. This Instrument replaces the previous Instrument of Approval of Fall-back Reporting System (International Passenger Cruise Ship – Passengers and Crew) (F2005B02642) and maintains current reporting requirements by approving new systems for use in reporting crew members' information. The Instrument is applicable to any electronic or documentary systems used for this purpose and authorises the reporting of specific information on each crew member as stipulated in subsections 245K(1A) and 245K(2) of the Act. The approval process involved consultation with relevant stakeholders, including those within the Department of Immigration and Border Protection, system providers, and key industry players. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003 and therefore does not require a Statement of Compatibility with Human Rights. The new Instrument, IMMI 15/024, will commence immediately following the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.

Key Provisions

The primary operative sections of this Instrument under the Migration Act 1958 are sections 245K and 33, which together enable the approval of fall-back reporting systems for international passenger cruise ships and the revocation of existing instruments. Section 245K specifically deals with the approval of systems for reporting on crew members, while section 33 outlines the procedure for revoking instruments. This Instrument revokes the previous Instrument of Approval of Fall-back Reporting System (F2005B02642) and establishes new reporting systems to ensure compliance with current requirements. It also extends its approval to the Advance Passenger Processing System for each passenger and crew member of international passenger cruise ships, as defined in subregulation 3.13 of the Migration Regulations 1994. The obligations imposed by this Act primarily focus on the approval and implementation of reporting systems for international passenger cruise ships. The Department of Immigration and Border Protection, in consultation with relevant stakeholders, is responsible for approving these systems to ensure they meet the requirements set out in Division 12B of Part 2 of the Act. This involves verifying that the systems can report on each crew member effectively, whether through an electronic system or a documentary form. The approved systems must be capable of providing accurate and timely information as required by subsections 245K(1A) and 245K(2) of the Act. Breaches of the provisions outlined in this Instrument can lead to significant consequences. While the specific offences and penalties are not detailed in the Instrument, it is reasonable to infer that non-compliance with the approved reporting systems could result in administrative or legal actions under the Migration Act 1958. Such actions might include fines, penalties, or other sanctions, depending on the severity and nature of the breach. The Instrument, however, does not specify maximum penalties but implies that there are potential civil or criminal consequences for failure to adhere to the approved reporting systems. The Regulatory Impact Statement by the Office of Best Practice Regulation indicates that the impact of such compliance is minimal, but it does not negate the seriousness of potential breaches.