Overview

The Migration Act 1958, as amended, is the principal piece of legislation governing migration to Australia. Enacted in 1958, it was introduced to provide a comprehensive framework for the control of immigration into Australia, including the regulation of the entry, stay, and departure of non-citizens. The Act empowers the Australian government to manage the flow of people into the country while ensuring the protection of its borders and the interests of its citizens. The Migration Regulations 1994, made under the Act, provide further detail on the implementation of the Act's provisions. This legislative instrument, approved by the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, is designed to address the specific needs of reporting on crew members of international passenger cruise ships. The policy objective is to ensure accurate and timely reporting on crew members to facilitate effective border management and immigration control.

Scope and Application

The Migration Act 1958, as amended by the Legislative instrument of approval of primary reporting system (International Passenger Cruise Ship - Crew), applies to crew members on international passenger cruise ships. This legislation, which came into effect on 1 January 2004, mandates the reporting of certain information about crew members to the Department of Immigration and Multicultural and Indigenous Affairs. The reporting system, known as the Advance Passenger Processing System, is applicable to crew who hold an Australian or New Zealand passport, or a travel document with a Crew Travel Authority. The Act specifies the particulars to be reported for these crew members, which includes details such as document type, document number, family name, and travel itinerary, as outlined in Schedules 1 and 2 of the instrument. This legislative measure extends to Commonwealth jurisdiction, thereby ensuring compliance across all relevant entities and ships defined under the Migration Regulations 1994, specifically those that provide international passenger sea transportation services and have sleeping facilities for at least 100 persons excluding crew members.

Key Provisions

The primary operative sections of the legislative instrument approve the Advance Passenger Processing System as the reporting system for the crew of international passenger cruise ships under Division 12B of Part 2 of the Migration Act 1958 (section 1). This approval comes into effect from 1 January 2004, and it specifically details the information to be reported for crew members holding an Australian passport, a New Zealand passport, or a travel document with a Crew Travel Authority (Schedule 1), as well as for crew members who have obtained uplift approval from the Department of Immigration and Multicultural and Indigenous Affairs’ Entry Operation Centre (Schedule 2). The obligations and requirements imposed by this legislation on the parties governed by it primarily involve cruise ship operators. These operators are mandated to use the approved Advance Passenger Processing System to report specified information about crew members. For crew members holding an Australian or New Zealand passport, or a travel document with a Crew Travel Authority, the information required includes the type of travel document, its number, the ICAO country code, the first four characters of the family name, Lloyd’s Shipping Number, check-in and expected ports, check-in date, and trans-border port details if applicable (Schedule 1). For crew members with uplift approval, additional details such as full family name, given names, date of birth, sex, and other port details are required (Schedule 2). The legislative instrument also outlines potential consequences for breaches of the reporting requirements. Under subsection 245J(4) of the Migration Act 1958, an instrument of approval, such as this one, or any variation or revocation of it, is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This implies that while the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs has the authority to approve and specify reporting systems, such actions can be subject to disallowance by Parliament, thereby indicating a legislative oversight mechanism in place. Specific penalties for non-compliance are not detailed within this legislative instrument but would likely be addressed under other provisions of the Migration Act 1958.