Overview

The Migration Act 1958, enacted by the Parliament of Australia, serves to regulate the entry, stay, and departure of non-citizens from Australia. This legislation was introduced to address the complexities of immigration and the need for a comprehensive legal framework to manage the movement of people across Australia’s borders. The Act provides the basis for administering Australia's migration program, dealing with visas, and addressing unlawful non-citizens. The policy objective of the Act is to protect Australia’s borders while facilitating the entry of those who can contribute to the nation's economic, social, and cultural life. The legislative instrument, F2006B00957, under the Migration Act 1958, specifically addresses the reporting system for passengers on international aircraft, aiming to enhance border security and streamline the processing of passenger information to facilitate efficient immigration control.

Scope and Application

The legislative instrument titled "Approval of Primary Reporting System (International Passenger Aircraft - Passengers)" under the Migration Act 1958 and the Migration Regulations 1994 is a directive by William John Farmer, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, which pertains to the approval of a specific system for reporting passenger information on international flights entering Australia. This system is required under Division 12B of Part 2 of the Act and applies to the reporting of passenger data for international passenger aircraft as defined in subregulation 3.13A(2) of the Regulations. The approved system is the Advance Passenger Processing System, which can be either in electronic form or require documentary reports, and must include the information specified in Schedules 1 and 2 of the instrument. Schedule 1 specifies the information to be reported for passengers holding an Australian or New Zealand passport, or a travel document and visa that allows them to enter Australia, excluding those holding Special Purpose Visas. Schedule 2 outlines the information required for passengers who are eligible for a Special Purpose Visa or have obtained uplift approval from the Department of Immigration and Multicultural and Indigenous Affairs' Entry Operation Centre. This instrument, which took effect from 1 January 2004, also revokes the previous instrument made on 23 June 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.

Key Provisions

This legislative instrument, issued by the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs under section 245J of the Migration Act 1958, revokes the previous reporting system for international passenger aircraft passengers and approves the Advance Passenger Processing System as the new reporting system under Division 12B of the Act. Specifically, the instrument designates the Advance Passenger Processing System, described in the Airline/CG Interface Specification Version 6.3 or in Chapters 5, 6, and 7 of the Advance Passenger Processing System, Communications Gateway, Business System Design, Version 2.20, as the approved reporting system. This system must report on passengers of international passenger aircraft as defined in subregulation 3.13A(2) of the Migration Regulations 1994. The approved Advance Passenger Processing System imposes certain obligations on the parties it governs. Firstly, it mandates that airlines and other relevant entities must use this system to report information about passengers travelling on international passenger aircraft. This includes both documented and undocumented passengers. The system must collect and report specific information about passengers, as outlined in Schedules 1 and 2 of the instrument. For example, for passengers holding an Australian passport, a New Zealand passport, or a visa (excluding Special Purpose Visas), the system must report details such as document type, document number, travel document ICAO country code, and family name. For passengers eligible for a Special Purpose Visa or who have obtained uplift approval, the system must report additional details such as the passenger's full family name, given names, date of birth, gender, and flight details. Failure to comply with the requirements of this legislative instrument can lead to civil and criminal consequences. Under section 245J of the Migration Act 1958, the instrument of approval, including any variation or revocation, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This means that the instrument can be subject to disallowance by resolution of either House of the Parliament. Furthermore, airlines and other entities that fail to report passenger information as required by the approved system may face penalties. These penalties could include fines or other sanctions as stipulated by relevant immigration and aviation regulations. The exact penalties are not specified in this legislative instrument but would typically be determined under the broader legal framework governing aviation and immigration compliance.