Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:6_64aca:p1
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 6 cl 64ACA (pt 1/3)
Character Range: 40671–43301

64ACA  Passenger reports

Obligation to report on passengers

 (1) The operator of a ship or aircraft that is due to arrive, from a place outside Australia, at a port or airport in Australia (whether it is the first or any subsequent port or airport of the voyage or flight) must report to Customs on the passengers who will be on board the ship or aircraft at the time of its arrival at the port or airport.

Note 1: This obligation (and the obligation in subsection (11)) must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).

Note 2: See also section 64ACC, which deals with what happens if information has already been reported to the Migration Department.

Note 3: Section 64ACD contains an offence for failure to comply with this subsection.

How report is to be given—certain operators to use an approved electronic system

 (2) If one of the following paragraphs applies, the operator must give the report by the electronic system approved for the operator for the purposes of this subsection:
 (a) the ship is on a voyage for transporting persons:
 (i) that is provided for a fee payable by those using it; and
 (ii) the operator of which is prescribed by the regulations;
  and the CEO has, in writing, approved an electronic system for the operator for the purposes of this subsection;
 (b) the aircraft is on a flight that is provided as part of an airline service:
 (i) that is provided for a fee payable by those using it; and
 (ii) that is provided in accordance with fixed schedules to or from fixed terminals over specific routes; and
 (iii) that is available to the general public on a regular basis;
  and the CEO has, in writing, approved an electronic system for the operator for the purposes of this subsection.

Note 1: An instrument approving an electronic system can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: An instrument approving an electronic system, or a variation or revocation of such an instrument, is a disallowable instrument—see subsection (10).

 (3) However, if the approved electronic system is not working, then the operator must give the report as if subsection (4) applied.

How report to is be given—other operators

 (4) The operator of any other ship or aircraft may give the report by document or electronically.

Deadline for giving report—ships

 (5) If the report 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