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

Administered by Department of Home Affairs

Legislation au F2025L01120 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

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

Migration Act 1958

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

  1.                 The instrument, departmental reference LIN 25/059, is made under sections 245J and 245K of the Migration Act 1958 (the Migration Act).
  2.                 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).
  3.                 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. 
  4.                 The instrument commences on the day after it is registered. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

  1.                 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.
  2.                 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.
  3.                 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.
  4.                 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.
  5.                 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

  1.             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

  1.             Details of the instrument are set out in the Attachment.

Parliamentary scrutiny etc. 

  1.             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.
  2.             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

 (c) the ABOC, by SITATEX to the address CBRIXCR; 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.

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 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

 (c) the ABOC, by SITATEX to the address CBRIXCR; 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.

 

Overview

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025 was enacted to address the need for updated legislative instruments that specify and approve primary and fall-back reporting systems for the crew and passengers of international passenger aircraft. This instrument replaces and repeals the existing legislative instruments that are set to sunset on 1 October 2025. The enactment of this instrument is under sections 245J and 245K of the Migration Act 1958, and it is made by the Secretary of the Department of Home Affairs. The primary objective of this instrument is to ensure that the reporting systems for international passenger aircraft remain compliant with the current legislative requirements, thereby facilitating the accurate reporting of crew and passenger information to the Australian Border Force. The instrument is exempt from disallowance and does not require a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025 applies to international passenger aircraft, their crew, and passengers, as defined in subregulation 3.13 of the Migration Regulations 1994, for the purposes of sections 245J and 245K of the Migration Act 1958. This instrument, designated LIN 25/059, replaces four previous legislative instruments that are set to expire on 1 October 2025. It specifies and approves the primary and fall-back reporting systems for international passenger aircraft crew and passengers, ensuring that these systems comply with the requirements of the Migration Act. The instrument's scope includes the approval of electronic and documentary reporting systems for use by airlines and relevant authorities, and it sets out the specific information that must be reported under these systems. The instrument's jurisdiction is federal, as it is made under the Migration Act, which is a Commonwealth Act, and it is exempt from disallowance, meaning it does not require parliamentary scrutiny to come into effect.

Key Provisions

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025 (LIN 25/059) is a legislative instrument that serves to approve specific reporting systems for crew and passengers on international passenger aircraft. This instrument is made under sections 245J and 245K of the Migration Act 1958 (Migration Act) and outlines the primary and fall-back reporting systems for international passenger aircraft. It replaces the previous instruments, which were set to expire on 1 October 2025. The primary reporting system approved for both crew and passengers is the Advance Passenger Processing System provided by CPS Systems Pty Ltd, a subsidiary of SITA, a global telecommunications company. The fall-back systems approved for both crew and passengers include various communication methods such as telephone, email, SITATEX, and APPchat. The approved reporting systems must collect specific information about crew members and passengers. For crew, this includes information about their passports or travel documents and any applicable visa or crew travel authorities. For passengers, the information includes details about their passports, travel documents, visas, and any special purpose visa eligibility or uplift approvals. The information collected under these systems is essential for immigration and border control purposes. LIN 25/059 imposes several obligations on the entities it governs. The primary reporting system must be used for the collection of passenger and crew information as specified. In the event that the primary system fails or is unavailable, the fall-back systems must be used. These systems must be used in accordance with the specifications provided in the instrument, ensuring the timely and accurate reporting of necessary information to the Australian Border Operations Centre (ABOC). Additionally, the providers of the reporting systems must ensure that the systems are reliable and capable of handling the required information. Failure to comply with the provisions of LIN 25/059 can lead to significant consequences. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the Migration Act or the related regulations can result in substantial penalties. For example, under section 232 of the Migration Act, a person who contravenes a provision of the Act can be subject to a civil penalty of up to $33,000 per breach for individuals and $165,000 for corporations. Additionally, more serious breaches may result in criminal penalties, including fines and imprisonment, as outlined in the Migration Act. The instrument is exempt from disallowance, meaning that parliamentary scrutiny in the form of a disallowance resolution is not applicable.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Enforcement Powers
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.