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

Overview

The Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Crew) 2015 was enacted under section 245J of the Migration Act 1958 to address the imminent expiry of the previous instrument of approval (F2005B02631) and to ensure continuity in the reporting requirements for international passenger aircraft crew. The instrument revokes the earlier instrument signed on 19 December 2003 and extends its application to approve the Advance Passenger Processing System (APP) for each crew member, as defined in the Migration Regulations 1994. This legislative instrument is designed to maintain the reporting obligations under Division 12B of Part 2 of the Migration Act, specifying and authorising the reporting system and the information to be reported by that system. The instrument, IMMI 15/016, was subject to consultation with relevant stakeholders and, as advised by the Office of Best Practice Regulation, does not require a Regulatory Impact Statement. Furthermore, it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003 and does not necessitate a Statement of Compatibility with Human Rights.

Scope and Application

The Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Crew) 2015 applies to the primary reporting systems used for ensuring compliance with Division 12B of Part 2 of the Migration Act 1958, specifically concerning crew members of international passenger aircraft. This instrument ensures that reporting requirements for these crew members are maintained by revoking the previous instrument and approving the Advance Passenger Processing System (APP) for such reporting purposes. The Instrument is applicable to any entity or individual responsible for the operation of these reporting systems, including those within the international passenger aircraft industry. The geographic reach of the Instrument is effectively national, as it pertains to international passenger aircraft, which operate across Australia’s borders. There are no stated exclusions or exemptions within the text, though the Instrument does extend its application to the APP system, suggesting a broader implementation within the approved system framework. The Instrument of Approval is made under the authority of the Migration Act 1958 and can be further regulated through subordinate instruments as required.

Key Provisions

The Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Crew) 2015, made under section 245J of the Migration Act 1958, serves to address the expiration of the previous Instrument, signed on 19 December 2003, and to ensure that reporting requirements continue to be met for crew members of international passenger aircraft. This Instrument specifies and approves the primary reporting system, which can be either electronic or documentary, for the purpose of reporting on each crew member as defined in Division 12B of Part 2 of the Act. It also extends its application to approve the Advance Passenger Processing System (APP) for each crew member, as defined in subregulation 3.13 of the Migration Regulations 1994. The obligations imposed by the Instrument on parties and entities governed by it include the requirement to use the approved reporting system for the collection and reporting of data on crew members of international passenger aircraft. This ensures that the Department of Immigration and Border Protection receives the necessary information to manage and regulate the entry and stay of these crew members within Australia. The Instrument authorises the system to report on specific information as defined in subsections 245K(2A) and 245K(3) of the Act, ensuring consistency and compliance with the legislative requirements. Failure to comply with the requirements set out in the Instrument may lead to various civil or criminal consequences. The precise nature of these consequences is not specified in the text, but breaches of the Migration Act 1958 can potentially result in penalties under the Act. For example, under section 231A of the Act, an entity that contravenes a provision of the Act may be liable to a civil penalty of up to 10,000 penalty units (currently AUD 1.7 million). Additionally, criminal penalties, such as fines and imprisonment, may apply depending on the severity of the breach and any associated offences under other relevant legislation. The specific maximum penalties for breaches related to the Instrument would need to be referred to in the broader context of the Migration Act 1958 and related regulations.