Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025

EXPLANATORY STATEMENT

Issued by authority of the Secretary of the Department of Home Affairs

Migration Act 1958

The instrument, departmental reference LIN 25/059, is made under sections 245J and 245K of the Migration Act 1958 (the Migration Act).
In accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act), the instrument repeals:
- Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Crew) 2015 (IMMI 15/016);
- Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Passengers) 2015 (IMMI 15/019);
- Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Crew) 2015 (IMMI 15/020); and
- Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Passengers) 2015 (IMMI 15/021).
Subsection 33(3) of the Acts Interpretation Act provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
The instrument commences on the day after it is registered. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Purpose

The purpose of LIN 25/059 is to repeal and replace the legislative instruments IMMI 15/016, IMMI 15/019, IMMI 15/020 and IMMI 15/021, which are due to sunset on 1 October 2025 in accordance with section 50 of the Legislation Act. LIN 25/059 specifies and approves the primary and fall-back reporting systems for crew and passengers of an international passenger aircraft as defined in subregulation 3.13 of the Migration Regulations 1994 (the Migration Regulations) for the purposes of section 245J and 245K of the Migration Act.
Subsection 245J(1) of the Migration Act requires the Secretary to, by legislative instrument for each kind of aircraft or ship to which Division 12B of the Migration Act applies, approve a system for the purposes of reporting under Division 12B of the Migration Act. The system may be an electronic system or a system requiring reports to be provided in documentary form under subsection 245J(1) of the Migration Act.
Subsection 245K(1) of the Migration Act requires the Secretary to, by legislative instrument, approve one or more systems as fall-back reporting systems. A fall-back reporting system may be an electronic system or a system requiring reports to be provided in documentary form under subsection 245K(1) of the Migration Act.
LIN 25/059 authorises the primary system for reporting and the information to be reported by that system about each member of the crew and passenger as specified in subsections 245J(2A) and 245J(3) of the Migration Act.
LIN 25/059 also authorises the fall-back system for reporting and the information to be reported by that system about each member of the crew and passenger as specified in subsections 245K(1A) and 245K(2) of the Migration Act.

Consultation

Consultation was conducted with the Australian Border Force, the providers of the specified systems and relevant key stakeholders in the international passenger aircraft industry. The matters specified in the instrument reflect the outcome of that consultation.

Details of the instrument

Details of the instrument are set out in the Attachment.

Parliamentary scrutiny etc.

The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because in accordance with paragraph 44(2)(a) of the Legislation Act and item 20(a) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, instruments made under Part 2 of the Migration Act are prescribed as being exempt from disallowance. Given the instrument is exempt from disallowance, a statement of compatibility in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required.
The instrument was made by the Secretary of the Department of Home Affairs in accordance with sections 245J and 245K of the Migration Act.

Attachment

Details of the Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025

Section 1 Name

This section provides that the name of the instrument is the Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025 (the instrument).

Section 2 Commencement

This section provides that the instrument commences on the day after registration of the instrument on the Federal Register of Legislation.

Section 3 Authority

This section provides that the instrument is made under sections 245J and 245K of the Migration Act 1958.

Section 4 Definitions

This section provides the following definitions in the instrument:

ABOC means the Australian Border Operations Centre.
Act means the Migration Act 1958.
Department means the Department of Home Affairs including the Australian Border Force.
international passenger aircraft has the meaning given by regulation 3.13 of the Regulations.
Regulations means the Migration Regulations 1994.

Section 6 Approval of primary reporting system—crew

This section specifies the system approved as the primary reporting system for each member of the crew of an international passenger aircraft as defined in regulation 3.13 of the Regulations for the purposes of section 245J of the Act.

The primary reporting system is the interactive Advance Passenger Information system called the Advance Passenger Processing System, as provided by C P S Systems Pty Ltd (ABN 64 000 965 551, ACN 000 965 551), part of the Société Internationale de Télécommunications Aéronautiques NaamlozeVennootschap.

Section 7 Information to be reported under primary reporting system—crew

This section provides for the information to be reported under the primary reporting system for the purposes of subsection 245J(3) of the Act.

Subsection 7(1) of the instrument specifies the information to be reported about each member of the crew of an international passenger aircraft who holds:

an Australian passport;
a New Zealand passport; or
a travel document, other than an Australian or New Zealand passport, with a Crew Travel Authority as provided by the Department.

Subsection 7(2) of the instrument specifies the information to be reported about each member of the crew of an international passenger aircraft who has obtained up-lift approval from the Australian Border Operations Centre to travel to Australia.

Section 8 Approval of fall-back reporting systems—crew

This section specifies the systems approved as fall-back reporting systems for each member of the crew of an international passenger aircraft as defined in regulation 3.13 of the Regulations for the purposes of section 245K of the Act.

The following systems are approved as fall-back reporting systems for each member of the crew of an international passenger aircraft:

(a) the ABOC, by telephone to either of the following telephone numbers in Australia:

(i) 1300 368 126; or

(ii) (02) 6264 1301; or

(b) the ABOC, by email: ABOC@abf.gov.au; or

(d) APPchat.

Section 9 Information to be reported under fall-back reporting systems—crew

This section provides for the information to be reported under a fall-back reporting system for the purposes of subsection 245K(2) of the Act.

Subsection 9(1) of the instrument specifies the information to be reported about each member of the crew of an international passenger aircraft for flights arriving in Australia.

Subsection 9(2) of the instrument specifies the information to be reported about each member of the crew of an international passenger aircraft for flights departing from Australia.

Section 10 Approval of primary reporting systems—passengers

This section specifies the system approved as the primary reporting system for each passenger of an international passenger aircraft as defined in regulation 3.13 of the Regulations for the purposes of section 245J of the Act.

Section 11 Information to be reported under primary reporting system—passengers

This section provides for the information to be reported under the primary reporting system for the purposes of subsection 245J(3) of the Act.

Subsection 11(1) of the instrument specifies the information to be reported about each passenger of an international passenger aircraft who holds:

an Australian passport;
a New Zealand passport; or
a travel document, other than an Australian or New Zealand passport, and a visa which is in effect, other than a Special Purpose Visa, that permits the person to travel to and enter Australia.

Subsection 11(2) of the instrument specifies the information to be reported about each passenger of an international passenger aircraft who:

is eligible for a special purpose visa as determined by the Act and the Regulations; or
has obtained up-lift approval from the Australian Border Operations Centre.

Section 12 Approval of fall-back reporting systems—passengers

This section specifies the systems approved as fall-back reporting systems for each passenger of an international passenger aircraft as defined in regulation 3.13 of the Regulations for the purposes of section 245K of the Act.

For the purposes of section 245K of the Act, the following systems are approved as fall-back reporting systems for each passenger of an international passenger aircraft:

(a) the ABOC, by telephone to either of the following telephone numbers in Australia:

(i) 1300 368 126; or

(ii) (02) 6264 1301; or

(b) the ABOC, by email: ABOC@abf.gov.au; or

(d) APPchat.

Section 13 Information to be reported under fall-back reporting systems—passengers

This section provides for the information to be reported under a fall-back reporting system for the purposes of subsection 245K(2) of the Act.

Subsection 13(1) of the instrument specifies the information to be reported about each passenger of an international passenger aircraft for flights arriving in Australia.

Subsection 13(2) of the instrument specifies the information to be reported about each passenger of an international passenger aircraft for flights departing from Australia.

Schedule 1 Repeals

Items 1 to 4 of Schedule 1 repeal each of the following instruments, which are due to sunset on 1 October 2025 in accordance with subsection 50(1) of the Legislation Act 2003:

Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Crew) 2015;
Instrument of Approval of Primary Reporting Systems (International Passenger Aircraft – Passengers) 2015;
Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Crew) 2015; and
Instrument of Approval of Fall-back Reporting Systems (International Passenger Aircraft – Passengers) 2015.

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