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

Administered by Department of Home Affairs

Legislation au F2025L01121 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 Cruise Ships) Instrument 2025

  1.                 The instrument, departmental reference LIN 25/060, 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 Cruise Ship – Crew) 2015 (IMMI 15/022);
    •            Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015 (IMMI 15/023); and
    •            Instrument of Approval of Fall-back Reporting Systems (International Passenger Cruise Ship – Passengers and Crew) 2015 (IMMI 15/024).
  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 25/060 is to repeal and replace the legislative instruments IMMI 15/022, IMMI 15/023 and IMMI 15/024, which are due to sunset on 1 October 2025 in accordance with section 50 of the Legislation Act. LIN 25/060 specifies and approves the primary and fall-back reporting systems for each passenger and member of the crew of an international passenger cruise ship 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 25/060 authorises the primary system for reporting and the information to be reported by that system about each passenger and member of the crew as specified in subsections 245J(2A) and 245J(3) of the Migration Act.
  5.                 LIN 25/060 also authorises the fall-back system for reporting and the information to be reported by that system about each passenger and member of the crew 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 Reporting Systems—International Passenger Cruise Ship) 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 Cruise Ships) 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 5 Schedules

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

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 cruise ship as defined in regulation 3.13 of the Regulations for the purposes of section 245J of the Act.

The approved 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 cruise ship 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 that permits the person to travel to and enter Australia.

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

Section 8 Approval of primary reporting system—passengers

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

The approved 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 9 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 9(1) of the instrument specifies the information to be reported about each passenger of an international passenger cruise ship 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 that permits the person to travel to and enter Australia.

Subsection 9(2) of the instrument specifies the information to be reported about each passenger of an international passenger cruise ship 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 to travel to Australia.

Section 10 Approval of fall-back reporting systems

This section specifies the systems approved as fall-back reporting systems for each passenger and member of the crew of an international passenger cruise ship 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 passenger and member of the crew of an international passenger cruise ship:

 (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 11 Information to be reported under fall-back reporting systems

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.

Section 11 of the instrument specifies the information to be reported about each passenger and member of the crew of an international passenger cruise ship arriving in Australia.

Schedule 1 Repeals

Items 1 to 3 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 Cruise Ship – Crew) 2015;
  •            Instrument of Approval of Primary Reporting Systems (International Passenger Cruise Ship – Passengers) 2015; and
  •            Instrument of Approval of Fall-back Reporting Systems (International Passenger Cruise Ship – Passengers and Crew) 2015.

 

Overview

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Cruise Ships) Instrument 2025, made under sections 245J and 245K of the Migration Act 1958, was introduced to address the impending sunset of three previous legislative instruments (IMMI 15/022, IMMI 15/023, and IMMI 15/024) set to expire on 1 October 2025. The instrument aims to ensure continuity in the reporting systems for international passenger cruise ships, specifying and approving primary and fall-back reporting systems for both crew and passengers. This legislative instrument was created by the Secretary of the Department of Home Affairs and is exempt from disallowance under the Legislation Act 2003. The instrument reflects outcomes of consultations with the Australian Border Force, system providers, and key industry stakeholders, and it is designed to facilitate the ongoing reporting requirements necessary for maintaining border security and immigration compliance.

Scope and Application

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Cruise Ships) Instrument 2025, identified as LIN 25/060, applies to international passenger cruise ships as defined under subregulation 3.13 of the Migration Regulations 1994, focusing on the reporting systems for the crew and passengers of such ships. It applies to the Commonwealth of Australia, encompassing entities involved in the international cruise industry, specifically those operating international passenger cruise ships. The instrument specifies and approves the primary and fall-back reporting systems for the purposes of sections 245J and 245K of the Migration Act 1958, mandating the systems that must be used for reporting information about passengers and crew members. The primary reporting system authorised by this instrument is the Advance Passenger Processing System provided by C P S Systems Pty Ltd, while the fall-back reporting systems include options such as telephone, email, and SITATEX. This instrument repeals and replaces previous legislative instruments related to reporting systems for international passenger cruise ships, which were due to sunset on 1 October 2025. The instrument is exempt from disallowance and does not require a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Cruise Ships) Instrument 2025 (LIN 25/060) primarily serves to repeal and replace the existing legislative instruments IMMI 15/022, IMMI 15/023, and IMMI 15/024, which are set to sunset on 1 October 2025 (Section 1). This instrument specifies and approves the primary and fall-back reporting systems for passengers and crew members on international passenger cruise ships, as defined in subregulation 3.13 of the Migration Regulations 1994 (Migration Regulations), for the purposes of sections 245J and 245K of the Migration Act 1958 (Migration Act). It details the approved primary reporting systems, the information to be reported under these systems, and the approved fall-back reporting systems, as well as the information to be reported under these systems. LIN 25/060 imposes specific obligations on the parties it governs. The Secretary of the Department of Home Affairs is required to approve a system for reporting under Division 12B of the Migration Act for each kind of aircraft or ship to which this division applies (Section 245J(1)). Additionally, the Secretary must approve one or more systems as fall-back reporting systems (Section 245K(1)). The approved primary reporting system for crew and passengers of international passenger cruise ships is the Advance Passenger Processing System provided by CPS Systems Pty Ltd, part of the Société Internationale de Télécommunications Aéronautiques NaamlozeVennootschap (Sections 6 and 8). The approved fall-back reporting systems include various communication methods with the Australian Border Operations Centre (ABOC), such as telephone, email, and SITATEX (Section 10). Failure to comply with the provisions of LIN 25/060 may result in civil or criminal consequences, although specific penalties are not detailed in the text provided. The instrument itself is exempt from disallowance under section 42 of the Legislation Act 2003 (Legislation Act). Consequently, a statement of compatibility in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required. The instrument is made by the Secretary of the Department of Home Affairs in accordance with sections 245J and 245K of the Migration Act.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
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.