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

Overview

The Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Crew) 2015, made under section 245J of the Migration Act 1958, was introduced to address the expiration of the previous reporting system instrument, F2005B02641. This legislative instrument revokes the earlier instrument to ensure that reporting requirements for international passenger cruise ship crew members are maintained and extended to include the Advance Passenger Processing System (APP). The primary objective of the Instrument is to provide a seamless transition from the old system to the new APP system, ensuring compliance with Division 12B of Part 2 of the Migration Act. This process was overseen by the Department of Immigration and Border Protection and involved consultation with relevant stakeholders, including industry experts and system providers. The Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary for this instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thereby not requiring a Statement of Compatibility with Human Rights.

Scope and Application

This Instrument, made under section 245J of the Migration Act 1958, revokes the previous Instrument of Approval of Primary Reporting System (International Passenger Cruise Ship - Crew) and introduces the Advance Passenger Processing System (APP) as the approved reporting system for each crew member of international passenger cruise ships. The APP system, approved for the purposes of Division 12B of Part 2 of the Act, facilitates reporting on crew members and may include electronic or documentary reporting systems as defined in subsection 245J(1) of the Act. The Instrument authorises the reporting of specified information by the APP system, as outlined in subsections 245J(2A) and 245J(3) of the Act. This Instrument applies to all crew members of international passenger cruise ships and extends to the Commonwealth jurisdiction, ensuring compliance with reporting requirements for this industry. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and no Statement of Compatibility with Human Rights is required. The commencement of this Instrument follows the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.

Key Provisions

The primary operative sections of this Instrument under the Migration Act 1958 (the Act) include sections 245J, 245J(1), 245J(2A), and 245J(3). Section 245J authorises the Minister to approve a primary reporting system for crew members of international passenger cruise ships, which can be either electronic or documentary as specified in subsection 245J(1). Subsection 245J(2A) and 245J(3) further define the information that must be reported by the approved system. This Instrument specifically revokes the previous Instrument of Approval of Primary Reporting System (International Passenger Cruise Ship - Crew) (F2005B02641) and extends its application to the Advance Passenger Processing System (APP) for each crew member of an international passenger cruise ship, as defined in subregulation 3.13 of the Migration Regulations 1994 (the Regulations), to ensure compliance with Division 12B of Part 2 of the Act. The obligations imposed by this Instrument on the parties involved primarily revolve around the reporting of crew member information for international passenger cruise ships. The APP system must be used to report each crew member's details as defined in the Regulations. This requirement ensures that all relevant data about the crew members is accurately and promptly reported to the appropriate authorities. The Instrument also mandates that any system used must be capable of meeting the reporting requirements specified under the Act. The obligation extends to ensuring that the system provides the necessary information in a timely manner to comply with Division 12B of Part 2 of the Act. Any breach of the requirements set out in this Instrument could lead to significant consequences. While specific offences and penalties are not detailed within the text, it is implied that failure to comply with the reporting requirements could result in civil or criminal consequences under the Act. The maximum penalties for breaches of the Migration Act can include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature of the breach and the discretion of the court. It is crucial for all parties involved to ensure strict adherence to the reporting requirements to avoid these potential consequences.