Migration Act 1958 - Instrument of Approval of Primary Reporting System (International Passenger Cruise Ship - Passengers) (19/12/2003)

Administered by Department of Home Affairs

Legislation au F2005B02644 Not in force Legislative Instrument

Legislation content

 

 

 Commonwealth of Australia

 

 Migration Act 1958

 

 Migration Regulations 1994

 

INSTRUMENT OF APPROVAL OF PRIMARY REPORTING SYSTEM

(INTERNATIONAL PASSENGER CRUISE SHIP - PASSENGERS)

 

I, WILLIAM JOHN FARMER, Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (‘DIMIA’), acting under section 245J of the Migration Act 1958 (‘the Act’) hereby:

 

  1. APPROVE the Advance Passenger Processing System, being the system described in:

 

(a)                the Cruise Ship Operator Briefing Paper entitled Mandatory APP for 1 January 2004 (Passenger and Crew Reporting), Version 1.2, dated 15 October 2003 and published by DIMIA

 

as the system of reporting, for the purposes of Division 12B of Part 2 of the Act, on passengers of international passenger cruise ships, as defined in subregulation 3.13B(2) of the Migration Regulations 1994 (‘the Regulations’); and

 

2.                  SPECIFY the information set out in Schedule 1 to this instrument as the information that is to be reported in respect of passengers described in Schedule 1 to this instrument; and

 

3.                  SPECIFY the information set out in Schedule 2 to this instrument as the information that is to be reported in respect of passengers described in Schedule 2 to this instrument.

 

This instrument takes effect from 1 January 2004.

 

Dated 19 December 2003

 

 

 

WILLIAM FARMER

Secretary of the Department of Immigration and Multicultural and Indigenous Affairs

 

[NOTE 1: Section 245J of the Act relevantly provides the Secretary must, for each kind of ship to which Division 12B applies, approve in writing a system for the purposes of reporting under that Division.  The system may be an electronic system or a system requiring reports to be provided in a documentary form.

NOTE 2: Subsection 245J(2) of the Act provides the Secretary may, for a kind of ship, approve a single system for reporting on both passengers and crew or may, approve one system for reporting on passengers, and another system for reporting on crew.

NOTE 3: Subsection 245J(3) of the Act relevantly provides the instrument of approval of a system for reporting on passengers must specify the information about passengers that is to be reported by that system.

NOTE 4: Subsection 245J(4) of the Act relevantly provides an instrument of approval made under section 245J of the Act, or a variation or revocation of such an instrument, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

NOTE 5: Subregulation 3.13B(2) of the Regulations defines the term "international passenger cruise ship" to mean a ship that has sleeping facilities for at least 100 person (other than crew members) and is being used to provide an international passenger sea transportation service.]

Schedule 1

 

 

The information set out below in Schedule 1 to this instrument is to be reported in respect of passengers who hold:

 

(i)                 an Australian passport;

(ii)               a New Zealand passport; or

(iii)            a travel document, other than an Australian or New Zealand passport, and a visa which is in effect, other than a Special Purpose Visa, that permits the person to travel to and enter Australia.

 

 

Item

Short field title

Description

1

Document Type

The type of travel document, either:

(P) Passport;

 

(O) Other; or

 

(N) None.

2

Document Number

The assigned number of an official identification document issued by a state or organisation to a person for the purposes of international travel.

3

Travel Document ICAO Country Code

A 3-letter code assigned by the International Civil Aviation Organisation to represent the states and organisations that issue travel documents, for use in travel documents.

4

Family Name

The first 4 characters of the person’s family name.

5

Lloyd’s Shipping Number

The unique seven digit number assigned by the Lloyd’s Register of Ships.

6

Check-in Port

The port at which the person commences an international movement and at which advance passenger information for the person is collected.

Schedule 1 [cont.]

 

Item

Short field title

Description

7

Expected Port

The Australian port at which the person will be cleared by the Australian Customs Service and Immigration for movement into Australia.

8

Check-in Date

The check-in date and time (according to Greenwich Mean Time) used to locate the person.

9

Trans-Border Port

The first port in Australia at which the person will arrive when travelling to Australia

10

Transit Indicator

An indicator that the person is transiting at origin or destination (only if applicable).

 

 

Schedule 2

 

 

The information set out below in Schedule 2 to this instrument is to be reported in respect of passengers who are:

 

(a)               eligible for a Special Purpose Visa (as determined by the Migration Act 1958 and the Migration Regulations 1994); or

(b)               have obtained up-lift approval from DIMIA’s Entry Operation Centre.

 

 

Item

Short field title

Description

1

Document Type

The type of travel document, either:

(P)   Passport;

 

(O)  Other; or

 

(N)   None.

2

Document Number

The assigned number of an official identification document issued by a state or organisation to a person for the purpose of international travel.

3

Travel Document ICAO Country Code

A 3-letter code assigned by the International Civil Aviation Organisation to represent the states and organisations that issue travel documents, for use in travel documents.

4

Family Name

The person’s full family name, as stated in the person’s passport or other relevant travel documentation.

5

Given Names

The person’s full given names, as stated in the person’s passport or other relevant travel documentation.

6

Date of Birth

The person’s date of birth.

 


Schedule 2 [cont.]

 

Item

Short field title

Description

7

Sex

The person’s gender, either:

(M)   Male;

 

(F)    Female; or

 

(X)   Unknown.

 

8

Lloyd’s Shipping Number

The unique seven digit number assigned by the Lloyd’s Register of Ships.

9

Check-in Port

The port at which the person commences an international movement and at which advance passenger information for the person is collected.

10

Expected Port

The Australian port at which the person will be cleared by the Australian Customs Service and Immigration for movement into Australia.

11

Check-in Date

The check-in date and time (according to Greenwich Mean Time) used to locate the person.

12

Trans-Border Port

The first port in Australia at which the person will arrive when travelling to Australia.

13

Transit Indicator

An indicator that the person is transiting at origin or destination (only if applicable).

 

Overview

The Migration Act 1958, enacted by the Commonwealth Parliament of Australia, governs the entry and stay of non-citizens in Australia. To address the need for efficient and accurate reporting of passenger information for international cruise ships, the Migration Regulations 1994 were amended to include Division 12B. The primary objective of this legislation is to ensure the security and integrity of Australia's borders by enabling the collection and processing of passenger information in advance of their arrival. On 19 December 2003, William John Farmer, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, approved the Advance Passenger Processing System under section 245J of the Act to serve as the system for reporting passenger information on international passenger cruise ships, effective from 1 January 2004. This system facilitates the mandatory reporting of passenger details, including travel document types, identification numbers, and port information, to streamline immigration and customs processes and enhance border security.

Scope and Application

The Advance Passenger Processing System (APPS) described in this instrument applies specifically to the reporting of passengers on international passenger cruise ships as defined in the Migration Regulations 1994. The system is approved under section 245J of the Migration Act 1958 for use by cruise ship operators to report on passengers under Division 12B of Part 2 of the Act. This approval applies to cruise ships that have sleeping facilities for at least 100 persons (excluding crew members) and are engaged in providing international passenger sea transportation services. The system is designed to handle passenger information for those holding Australian or New Zealand passports, or those holding other travel documents and a valid visa permitting entry into Australia, excluding Special Purpose Visas. Furthermore, the APPS also caters for the reporting of passengers eligible for Special Purpose Visas and those with uplift approval from the Department of Immigration and Multicultural and Indigenous Affairs’ Entry Operation Centre. The instrument specifies the detailed information to be reported for different categories of passengers, as outlined in Schedules 1 and 2, and it came into effect on 1 January 2004.

Key Provisions

Under the Migration Act 1958, specifically section 245J, the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs is mandated to approve a reporting system for international passenger cruise ships' passengers. This legislative instrument approves the Advance Passenger Processing System for this purpose, effective from 1 January 2004. This system is designed to facilitate the collection of specific passenger data to assist in the administration of immigration laws. The approved system must be used for reporting on passengers, as outlined in the instrument, which details the required information for both Australian and New Zealand passport holders, as well as holders of other travel documents with a valid visa to enter Australia, excluding Special Purpose Visas. The obligations imposed by this Act on the parties it governs, primarily cruise ship operators, are to implement and adhere to the approved Advance Passenger Processing System. They must ensure that all relevant passenger information, as specified in Schedules 1 and 2 of the instrument, is accurately collected and reported. This includes details such as the type and number of travel documents, family name, check-in port, and other identifiers that are crucial for immigration processing. Failure to comply with these requirements could result in non-compliance with Australian immigration laws. Should there be a breach of the obligations set forth in the Act, there may be civil or criminal consequences. The specific penalties for non-compliance are not detailed in this legislative instrument but can be found in the broader provisions of the Migration Act 1958. Typically, such breaches could lead to fines, administrative sanctions, or even criminal charges depending on the severity and intent of the breach. The exact penalties would be determined in accordance with the Act's provisions and the circumstances of the offence.

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Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Reporting & Disclosure Obligations
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.