Migration Act 1958 - Specification of Instrument of Approval of Fall-Back Reporting Systems (International Passenger Aircraft - Crew) 2015

Overview

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Crew) 2015, made under section 245K of the Migration Act 1958, was enacted to address the expiration of the previous Instrument of Approval of Fall-back Reporting System (International Passenger Aircraft - Crew) signed in 2003. The purpose of this Instrument is to ensure the continuity of current reporting requirements for crew members of international passenger aircraft as they pertain to Division 12B of Part 2 of the Act. The Instrument also extends its approval to the Advance Passenger Processing System for each crew member, as defined in subregulation 3.13 of the Migration Regulations 1994. This Instrument was developed following consultations with relevant stakeholders, including the Department of Immigration and Border Protection and key players within the international passenger aircraft industry. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary for this Instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Scope and Application

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Crew) 2015, made under the Migration Act 1958, serves to approve fall-back reporting systems for international passenger aircraft crew, ensuring continuity in reporting as the previously approved system approaches its sunset. This instrument revokes the earlier Instrument of Approval of Fall-back Reporting System (International Passenger Aircraft - Crew) (F2005B02625), which was signed on 19 December 2003, and extends its application to include the Advance Passenger Processing System for each crew member of an international passenger aircraft, as defined in subregulation 3.13 of the Migration Regulations 1994. It applies to electronic systems or those requiring documentary reports, authorising the information to be reported by these systems on each crew member, as outlined in subsections 245K(1A) and 245K(2) of the Act. This legislation is applicable to relevant stakeholders, including system providers and the international passenger aircraft industry, and it operates within the Commonwealth jurisdiction. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and therefore does not require a Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of this Instrument are sections 2, 3, 4, and 8. Section 2 revokes the previous instrument, F2005B02625, which was the Instrument of Approval of Fall-back Reporting System (International Passenger Aircraft – Crew) signed on 19 December 2003. Section 3 details the purpose of this new Instrument, which is to ensure the continuation of current reporting requirements as the previous instrument approaches its sunset date. Section 4 outlines the approval of the listed systems as fall-back reporting systems for the purpose of reporting on each crew member of an international passenger aircraft. Section 8 specifies that the Instrument, IMMI 15/020, will commence immediately after the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015. The Act imposes specific obligations and requirements on the parties and entities it governs. Under section 4, the Instrument approves the listed systems as fall-back reporting systems for the purpose of reporting on each crew member of an international passenger aircraft. This includes both electronic systems and those that require reports to be provided in documentary form. The information to be reported by these systems is specified in subsections 245K(1A) and 245K(2) of the Act. The Act also mandates that these systems must comply with the requirements set forth in the relevant regulations, specifically subregulation 3.13 of the Migration Regulations 1994, which defines the crew members of international passenger aircraft. Breach of the provisions outlined in this Instrument can lead to various civil or criminal consequences. While the Explanatory Statement does not detail specific offences or penalties, the Act, in general, provides for penalties for non-compliance with its provisions. These penalties can include fines and, in some cases, imprisonment. The exact penalties would depend on the specific provisions of the Migration Act 1958 and related regulations that are being breached. The Instrument itself does not specify maximum penalties but refers to the broader legislative framework for such details. This Instrument does not require a Regulatory Impact Statement as advised by the Office of Best Practice Regulation (OBPR) with reference 18736. Additionally, under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance, and therefore, a Statement of Compatibility with Human Rights is not required. This ensures that the Instrument can take effect without further bureaucratic delays or requirements.