Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:6_245l:p1
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 6 cl 245L (pt 1/2)
Character Range: 55913–58582

245L  Obligation to report on passengers and crew

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 an airport or port 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 the passengers who will be on board the aircraft or ship at the time of its arrival at the airport or port; and
 (b) report to the Department, using the approved primary reporting system for crew, on the crew who will be on board the aircraft or ship at the time of its arrival at the airport or port.

Note 1: This obligation (and the obligation in subsection (6)) must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).

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 airport outside Australia is likely to take not less than 3 hours—3 hours before the aircraft's likely time of arrival at the airport in Australia; or
 (b) if the flight from the last airport outside Australia is likely to take less than 3 hours—one hour before the aircraft's likely time of arrival at the airport in Australia.

Deadline for reporting—ships

 (5) A report on passengers or crew on a ship 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 before the ship's likely time of arrival at the port in Australia; or
 (b) if the journey from the last port outside Australia is likely to take less than 48 hours—24 hours before the ship's likely time of arrival at the port in Australia.

Obligation to pass information on to Australian Customs Service

 (6) As soon as practicable after information is reported under this section, the Department must provide the information to the Australian Customs Service.

Purpose for which information obtained

 (7) Information obtained by the Department:
 (a) under this section; or
 (b) under subsection 64ACA(11) or 64ACB(8) of the Customs