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

Overview

The Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Passengers) 2015 is an instrument made under section 245J of the Migration Act 1958. It was enacted to replace the previous Instrument of Approval of Primary Reporting System (International Passenger Aircraft - Passengers) signed in 2003, ensuring continuity in reporting requirements as the previous instrument was set to expire. This legislative instrument was introduced by the Australian government to address the imminent expiration of the earlier instrument and to ensure that reporting systems for international passenger aircraft passengers remain compliant with the Migration Act. The instrument was approved by the relevant authorities within the Department of Immigration and Border Protection, with consultation conducted with relevant stakeholders in the aviation industry and system providers. This update to the primary reporting system allows for the continued use of the Advance Passenger Processing System (APP) and ensures that information on each passenger can be reported as required by the Act. The instrument is exempt from disallowance, and no Regulatory Impact Statement or Statement of Compatibility with Human Rights was required.

Scope and Application

The Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Passengers) 2015, made under section 245J of the Migration Act 1958, is designed to maintain the reporting requirements for international passenger aircraft passengers as the previous system approaches its end-of-life. This Instrument revokes the earlier Instrument of Approval of Primary Reporting System (International Passenger Aircraft - Passengers) (F2006B00957), which was signed on 19 December 2003, and extends its application to include the approval of the Advance Passenger Processing System (APP) for each passenger of an international passenger aircraft. The APP system is approved for the purposes of Division 12B of Part 2 of the Act, which encompasses reporting on each passenger, allowing for both electronic systems and documentary reports. The Instrument is subject to consultation with internal and external stakeholders, including the Department of Immigration and Border Protection, system providers, and industry key stakeholders, ensuring that the reporting requirements are effectively managed and that all relevant parties are aligned with the new system. The commencement of this Instrument is tied to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015, ensuring a smooth transition and immediate application once the new regulatory framework is in place.

Key Provisions

The main operative sections of this Instrument are those under section 245J of the Migration Act 1958. Specifically, section 245J(1) and 245J(2A) establish the framework for the approval of a primary reporting system for international passenger aircraft passengers, while section 245J(3) specifies the information to be reported. Section 33(3) of the Acts Interpretation Act 1901 provides the legal basis for the revocation of the previous Instrument. Additionally, the Instrument extends its application to the Advance Passenger Processing System (APP) as defined in subregulation 3.13 of the Migration Regulations 1994. The purpose of these provisions is to ensure that reporting requirements for international passenger aircraft passengers remain in place as the previous reporting system sunsets. The Instrument imposes several obligations on parties involved in the reporting process. Firstly, it mandates that any approved system must comply with the requirements set out in section 245J(1) and 245J(2A) of the Migration Act 1958. This includes ensuring that the system is capable of reporting the specified information on each passenger in a timely and accurate manner. Secondly, the Instrument requires consultation with relevant stakeholders, including the Department of Immigration and Border Protection, system providers, and key industry stakeholders. This is to ensure that the reporting system meets the needs of all parties and adheres to best practices. Lastly, it requires the Office of Best Practice Regulation (OBPR) to assess the regulatory impact of the Instrument, although in this case, OBPR has advised that a Regulatory Impact Statement is not required. Failure to comply with the requirements of the Instrument may result in various consequences. Under section 44 of the Legislative Instruments Act 2003, this Instrument is exempt from disallowance, meaning it cannot be overturned by Parliament. However, non-compliance with the reporting requirements could lead to civil or criminal penalties as outlined in the Migration Act 1958. For example, failure to report the required information accurately and timely could result in fines or other penalties as determined by the relevant authorities. Additionally, ongoing non-compliance could lead to further regulatory action, including potential revocation of the approved reporting system. In summary, the Instrument of Approval of Primary Reporting System (International Passenger Aircraft - Passengers) 2015 replaces the previous reporting system to ensure that reporting requirements for international passenger aircraft passengers are maintained. It imposes obligations on parties to comply with the reporting requirements, consult with relevant stakeholders, and adhere to best practices. Failure to comply with these obligations could result in civil or criminal penalties, underscoring the importance of adherence to the approved reporting system.