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

Overview

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Passengers) 2015 was enacted under section 245K of the Migration Act 1958. This legislation serves to revoke the previous Instrument of Approval of Fall-back Reporting System (International Passenger Aircraft - Passengers) (F2006B00352) and to ensure that the reporting requirements for passengers on international aircraft are maintained. The new Instrument also extends its application to approve the Advance Passenger Processing System for each passenger of an international passenger aircraft, as defined in the Migration Regulations 1994. This legislative instrument was developed to address the impending sunset of the previous reporting system and to maintain the integrity of current reporting processes. The Instrument was approved by the relevant authorities within the Department of Immigration and Border Protection, alongside consultation with key stakeholders in the international passenger aircraft industry. The Office of Best Practice Regulation has indicated that a Regulatory Impact Statement is not required for this Instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003. Consequently, a Statement of Compatibility with Human Rights is not necessary. The new Instrument, IMMI 15/021, will commence immediately after the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.

Scope and Application

The Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Passengers) 2015, made under section 245K of the Migration Act 1958, replaces the earlier Instrument of Approval of Fall-back Reporting System (International Passenger Aircraft - Passengers) (F2006B00352) to ensure the continuity of current reporting requirements as the previous instrument approaches its sunset. This Instrument is designed to approve specified systems for the purpose of reporting on each passenger of an international passenger aircraft, as defined under Division 12B of Part 2 of the Act. These systems can be electronic or require documentary reports, and their approval extends to the information they are authorised to report on each passenger, as outlined in the relevant subsections of the Act. The Instrument also extends its application to the Advance Passenger Processing System. It 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. The Instrument comes into effect immediately following the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.

Key Provisions

The Migration Act 1958 Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Passengers) 2015 (F2015L01030) primarily serves to approve certain systems as fall-back reporting mechanisms for international passenger aircraft passengers, as outlined in section 245K of the Act. This instrument revokes the previous Instrument of Approval (F2006B00352) to address its impending expiration and to ensure continuity in reporting requirements. The systems approved under this instrument must comply with the provisions set forth in Division 12B of Part 2 of the Act, which mandates the reporting of each passenger on international passenger aircraft. These systems may be electronic or require documentary reports, as defined in subsection 245K(1) of the Act, and must report specific information on each passenger as stipulated in subsections 245K(1A) and 245K(2) of the Act. The obligations imposed by this instrument require the approved systems to function as reliable fall-back mechanisms for reporting on international passenger aircraft passengers. This involves ensuring that the necessary data on each passenger is accurately captured and reported to the relevant authorities. The systems must be capable of operating effectively even in the event of a primary reporting system failure. Compliance with these obligations is crucial for maintaining the integrity and continuity of passenger reporting processes under the Migration Act. The instrument also extends its approval to the Advance Passenger Processing System for each passenger, as defined in subregulation 3.13 of the Migration Regulations 1994, further solidifying the framework for passenger data reporting. In terms of legal consequences, breaches of the requirements set out in this instrument may lead to civil or criminal penalties. Although specific penalties are not detailed within the instrument itself, the Act and associated regulations typically provide for sanctions that can include fines and imprisonment for serious violations. The severity of the penalties would depend on the nature and extent of the breach, as well as any associated harm caused by the non-compliance. Ensuring adherence to the approved reporting systems is therefore critical to avoid any potential legal repercussions. The instrument ensures that all relevant stakeholders, including internal and external parties within the Department of Immigration and Border Protection, system providers, and key industry stakeholders, have been consulted. This collaborative approach aims to ensure that the approved systems meet the necessary regulatory standards and operational requirements. Furthermore, the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required for this instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thus negating the need for a Statement of Compatibility with Human Rights. The instrument IMMI 15/021 takes effect immediately after the commencement of the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.