Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:7_64af:p1
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 7 cl 64AF (pt 1/2)
Character Range: 62334–65223

64AF  Obligation to provide access to passenger information

 (1) An operator of an international passenger air service commits an offence if:
 (a) the operator receives a request from the CEO to allow authorised officers ongoing access to the operator's passenger information in a particular manner and form; and
 (b) the operator fails to provide that access in that manner and form.

Note 1: For operator, international passenger air service and passenger information, see subsection (6).

Note 2: The obligation to provide access must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).

Penalty: 50 penalty units.

 (2) An operator of an international passenger air service does not commit an offence against subsection (1) at a particular time if, at that time, the operator cannot itself access the operator's passenger information.

Note 1: For example, the operator cannot access the operator's passenger information if the operator's computer system is not working.

Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) An operator of an international passenger air service commits an offence if the operator fails to provide an authorised officer to whom the operator is required to allow access in accordance with subsection (1) with all reasonable facilities, and assistance, necessary to obtain information by means of that access and to understand information obtained.

Penalty: 50 penalty units.

 (4) An operator of an international passenger air service does not commit an offence against subsection (3) if the operator had a reasonable excuse for failing to provide the facilities and assistance in accordance with that subsection.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

 (5) An authorised officer must only access an operator's passenger information for the purposes of performing his or her functions in accordance with:
 (a) this Act; or
 (b) a law of the Commonwealth prescribed by regulations for the purposes of this paragraph.

 (6) In this section:

Australian international flight means a flight:
 (a) from a place within Australia to a place outside Australia; or
 (b) from a place outside Australia to a place within Australia.

international passenger air service means a service of providing air transportation of people:
 (a) by means of Australian international flights (whether or not the operator also operates domestic flights or other international flights); and
 (b) for a fee payable by people using the service; and
 (c) in accordance with fixed schedules to or from fixed terminals over specific routes; and
 (d) that is available to the general public on a regular basis.

operator, in relation