Overview

The Migration Act 1958, enacted by the Australian Parliament, serves as the foundational legislative framework for managing migration into Australia, ensuring that the country's immigration policies are systematically enforced. To address the need for enhanced security and efficiency in the processing of international passenger aircraft crew, the Migration Regulations 1994 were established to provide more detailed guidelines and requirements. This legislative instrument, the Instrument of Approval of Primary Reporting System (International Passenger Aircraft - Crew), was enacted to ensure compliance with the Migration Act by approving a specific reporting system for international passenger aircraft crew. The policy objective is to facilitate the timely and accurate reporting of crew information, thereby improving border security and streamlining immigration processes for crew members of international flights. The Instrument of Approval, signed by William John Farmer, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, under section 245J of the Migration Act, approves the Advance Passenger Processing System as the reporting system for international passenger aircraft crew. This system is designed to collect and process crew information efficiently, ensuring that all relevant details are reported as required by the Migration Regulations. The approved system specifies the information to be reported for crew members holding Australian or New Zealand passports and those with other travel documents that include a Crew Travel Authority issued by DIMIA. The instrument ensures that the information required for reporting is clearly defined, enhancing the effectiveness of immigration controls and supporting the broader objectives of the Migration Act.

Scope and Application

The Advance Passenger Processing System Instrument of Approval, made under section 245J of the Migration Act 1958, applies to crew members on international passenger aircraft. This includes individuals who hold an Australian or New Zealand passport or a travel document with a Crew Travel Authority issued by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). The system is designed to report crew member information for compliance with the Act and the Migration Regulations 1994. This legislative instrument operates on a national level within Australia, applying to all international passenger aircraft entering Australian territory. The scope of the instrument is further specified by Schedules 1 and 2, which detail the specific information to be reported for crew members based on their nationality and visa status. The Act allows for the extension or restriction of its application through subordinate instruments, such as the regulations and schedules outlined here, which provide detailed specifications on the type of data to be collected and reported for different categories of crew members.

Key Provisions

The main operative sections of the legislative instrument (F2005B02631) pertain to the approval of the Advance Passenger Processing System (APPS) as a reporting system for crew on international passenger aircraft, as defined in the Migration Regulations 1994 (section 245J of the Migration Act 1958). Specifically, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs has approved the APPS as the reporting system for crew on international passenger aircraft and has specified the information that must be reported in respect of these crew members (Schedules 1 and 2). This instrument took effect on 1 January 2004. The Act imposes obligations on the airline industry to report specific information about the crew of international passenger aircraft. For crew members holding an Australian passport, a New Zealand passport, or a travel document with a Crew Travel Authority, the required information includes document type, document number, ICAO country code, family name, trans-border flight number, check-in port, expected port, check-in date, trans-border port, and transit indicator. For crew who have obtained uplift approval from the Department's Entry Operations Centre, the required information is more comprehensive, including document type, document number, ICAO country code, full family name, full given names, date of birth, sex, trans-border flight number, check-in port, expected port, check-in date, trans-border port, and transit indicator. The legislative instrument does not explicitly state offences, penalties, or civil/criminal consequences for breaches of the reporting requirements. However, failure to comply with the reporting requirements could potentially result in civil or administrative penalties under the Migration Act 1958 or the Migration Regulations 1994. The specific penalties for non-compliance would depend on the nature and severity of the breach and could include fines or other sanctions.