Migration Act 1958 - Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015

Overview

The Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015 is an instrument made under section 245J of the Migration Act 1958, aimed at updating the reporting requirements for international cruise ship passengers to ensure compliance with immigration regulations. This legislation was enacted by the Parliament of Australia to address the need for a modernised and efficient system for reporting on international cruise ship passengers, replacing the previously approved system that was due to sunset. The policy objective is to maintain accurate and timely reporting on passengers to uphold the integrity of Australia's migration processes. The instrument revokes the previous approval of the primary reporting system established in 2003 and approves the Advance Passenger Processing System (APP) for use in reporting on international cruise ship passengers. This change ensures that reporting requirements are maintained and that the Department of Home Affairs can effectively monitor and manage the entry of passengers under the provisions of Division 12B of Part 2 of the Act. The instrument was developed following consultation with relevant stakeholders, including industry representatives, and is exempt from disallowance and the requirement for a Statement of Compatibility with Human Rights under the Legislative Instruments Act 2003.

Scope and Application

The Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015, made under section 245J of the Migration Act 1958, serves to replace the previously approved reporting system, revoked by Instrument IMMI 15/023, and to maintain the reporting requirements for passengers on international cruise ships. This Instrument specifically applies to the Advance Passenger Processing System (APP), ensuring compliance with the provisions outlined in Division 12B of Part 2 of the Act. It authorises the system, whether electronic or documentary, to report on each passenger as defined in the relevant subsections of the Act. The Instrument has a Commonwealth jurisdictional reach, applying to all international passenger cruise ships operating within Australia, and involves consultation with stakeholders from within the Department of Immigration and Border Protection, system providers, and key industry participants. Exemption from disallowance under section 44 of the Legislative Instruments Act 2003 means that a Statement of Compatibility with Human Rights is not required for this Instrument.

Key Provisions

The main sections of the Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015 (F2015L01067) outline the provisions for approving a system to report on passengers of international cruise ships, as stipulated under section 245J of the Migration Act 1958. Specifically, section 1 revokes the previous Instrument of Approval of Primary Reporting System (International Passenger Cruise Ship - Passengers) (F2005B02644), which was set to sunset. Section 2 establishes the new system for reporting, ensuring that the reporting requirements continue to be met, and extends its application to the Advance Passenger Processing System (APP) for each passenger, as defined in subregulation 3.13 of the Migration Regulations 1994. The Instrument authorises the reporting system and specifies the information that must be reported on each passenger, as detailed in subsections 245J(2A) and 245J(3) of the Act. The obligations imposed by this Instrument on the parties or entities it governs include the necessity to use an approved primary reporting system to collect and report specified information on each passenger of an international cruise ship. This encompasses the use of either an electronic system or a system requiring documentary reports, as authorised by subsection 245J(1) of the Act. The APP system, as approved, must comply with the defined reporting requirements, ensuring that all necessary passenger information is accurately collected and transmitted in line with the regulations set out in subsection 245J(2A) and 245J(3). The Instrument further mandates that all relevant stakeholders, including the Department of Immigration and Border Protection, system providers, and industry representatives, are consulted to ensure the system's effectiveness and compliance. Failure to comply with the reporting requirements established by this Instrument may result in legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed within the text of this Instrument, it is generally understood that breaches of the Migration Act 1958 can lead to substantial penalties. Under the Migration Act, penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach. The maximum penalties can be significant, reflecting the importance of ensuring accurate and timely reporting to maintain the integrity of Australia's immigration processes. The Act provides for civil and criminal sanctions, and the penalties can vary widely based on the nature and extent of the breach.