Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:6_64aca:p2
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 6 cl 64ACA (pt 2/3)
Character Range: 43100–45783

relates to a ship, it must be given not later than:
 (a) if the journey from the last port outside Australia is likely to take not less than 48 hours—48 hours; or
 (b) if the journey from the last port outside Australia is likely to take less than 48 hours—24 hours;
before the time stated in the report made under section 64 to be the estimated time of arrival of the ship.

Deadline for giving report—aircraft

 (6) If the report relates to an aircraft, it must be given not later than:
 (a) if the flight from the last airport outside Australia is likely to take not less than 3 hours—3 hours; or
 (b) if the flight from the last airport outside Australia is likely to take less than 3 hours—one hour;
before the time stated in the report made under section 64 to be the estimated time of arrival of the aircraft.

Other requirements for documentary reports

 (7) If the report is given by document, it must:
 (a) be in writing; and
 (b) be in an approved form; and
 (c) contain such information as is required by the form; and
 (d) be signed in a manner specified in the form; and
 (e) be communicated to Customs by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport at which the ship or aircraft is expected to arrive.

Other requirements for electronic reports

 (8) If the report is given electronically (whether or not by an electronic system approved for the purposes of subsection (2)), it must communicate such information as is set out in an approved statement.

Different forms and statements for different circumstances etc.

 (9) The CEO may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (7) and (8) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.

Approvals of electronic systems for the purposes of subsection (2) are disallowable instruments

 (10) An instrument of approval of an electronic system for the purposes of subsection (2), or a variation or revocation of such an instrument, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Obligation to pass information on to Migration Department

 (11) As soon as practicable after information is reported under this section, Customs must provide the information to the Department administered by the Minister who administers the Migration Act 1958.

Purpose for which information obtained

 (12) Information obtained by Customs:
 (a) under this section; or
 (b) under subsection 245L(6) of the Migration Act 1958;
is taken