MIGRATION ACT 1958 - SECT 245L Obligation to report on persons arriving in Australia

MIGRATION ACT 1958 - SECT 245L

Aircraft and ships to which section applies

  (1)   This section applies to an aircraft or ship of a kind to which this Division applies that is due to arrive at a place in Australia from a place outside Australia.

Obligation to report on passengers and crew

  (2)   The operator of the aircraft or ship must, in accordance with this section:

  (a)   report to the Department, using the approved primary reporting system for passengers, on each passenger who will be on board the aircraft or ship at the time of its arrival at the place in Australia; and

  (b)   report to the Department, using the approved primary reporting system for crew, on each member of the crew who will be on board the aircraft or ship at the time of its arrival at the place in Australia.

Note 1:   This obligation must be complied with even if the information concerned is personal information.

Note 2:   Section   245N contains an offence for failure to comply with this subsection.

Information to be reported

  (3)   A report on passengers or crew under subsection   (2) must include the information relating to those passengers or crew that is specified, as mentioned in subsection   245J(3), in relation to the relevant approved primary reporting system.

Deadline for reporting--aircraft

  (4)   A report on passengers or crew on an aircraft must be given not later than:

  (a)   if the flight from the last place outside Australia is likely to take not less than 3 hours--3 hours before the aircraft's likely time of arrival at the place in Australia; or

  (b)   if the flight from the last place outside Australia is likely to take less than 3 hours--one hour before the aircraft's likely time of arrival at the place in Australia.

Deadline for reporting--ships

  (5)   A report on passengers or crew on a ship must be given not later than:

  (a)   the start of the prescribed period before the ship's estimated time of arrival at the place in Australia; or

  (b)   if the journey is of a kind described in regulations made for the purposes of this paragraph--the start of the shorter period specified in those regulations before the ship's estimated time of arrival at the place in Australia.

  (5A)   Regulations made for the purposes of paragraph   (5)(b) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.