Reporting on Passengers and Crew of Aircraft and Ships

Let us highlight legal provisions about reporting on passengers and crew of aircraft and ships in this article. Australia is a multicultural and diverse society, and migration has played a vital role in shaping its history and identity. However, with increasing mobility and global connectivity, the need to manage migration effectively has become increasingly important.

Laws about passengers and crew of aircraft and ships play a crucial role in this regard. This is because they help to ensure the orderly and secure movement of people across borders. Read on to learn about laws on reporting on passengers and crew of aircraft and ships.

Section 245I: Definitions Under Reporting on Passengers and Crew of Aircraft and Ships

Section 245I defines the following terms: 

1. Approved fall-back reporting system: A system authorised under section 245K.
2. Approved primary reporting system: A system endorsed under section 245J.
3. Approved primary reporting system for crew: For an aircraft or ship covered by this division, this refers to the system approved under section 245J for reporting on crew members on that aircraft or ship.
4. Approved primary reporting system for passengers: For an aircraft or ship covered by this division, this refers to the system approved under section 245J for reporting on passengers on that aircraft or ship.
5. “Arrival” under provisions on reporting on passengers and crew of aircraft and ships means:
   • For an aircraft: The aircraft coming to a halt after landing.
   • For a ship: The securing of the ship for the loading or unloading of passengers, cargo, or ship’s stores.

Other Terms

1. Kind of aircraft or ship to which this Division applies: A type of aircraft or ship designated in the regulations as a kind of aircraft or ship to which this division applies.
2. Operator: For a particular flight or voyage, the operator of an aircraft or ship refers to:
   • The airline or shipping line accountable for operating the aircraft or ship for the flight or voyage.
   • If there is no such airline or shipping line, or none with a representative in Australia, then the operator is the pilot of the aircraft or the master of the ship.

For the purposes of this division (and of regulations and approvals made for the purposes of provisions of this division), a type of aircraft or ship can be identified by reference to matters including all or any of the following:

• The type, size, or capacity of the aircraft or ship.
• The kind of operation or service the aircraft or ship is engaged in on the flight or voyage to or from Australia.
• Other circumstances related to the aircraft or ship or its use, or related to the operator of the aircraft or ship.

Section 245J: Approval of Primary Reporting Systems

Section 245J of provisions on reporting on passengers and crew of aircraft and ships states the following:

1. Secretary’s Responsibility

For each type of aircraft or ship covered by this section, the Secretary must create a system for reporting information under this section. This system can be digital or require paper-based reports.

Note 1: The Secretary can modify or revoke approvals under this subsection based on the provisions of subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: Paper-based systems will eventually be phased out, and all approved systems will be digital.

2. Single or Separate Systems

Under 245J(1), the Secretary may decide to implement a single system for reporting on both passengers and crew for a specific type of aircraft or ship, or they may choose to have separate systems for passengers and crew.

3. Information to Report

The information reported about passengers or crew must clearly identify each individual passenger or crew member.

4. Specific Information in Approval Instrument

The instrument approving a reporting system for passengers or crew must also outline the precise information, including personal identifiers, that must be reported by that system.

Section 245K: Approval of Fall-Back Reporting Systems

Section 245K of provisions on reporting on passengers and crew of aircraft and ships outlines the following:

(1) The Secretary must implement one or more fall-back reporting systems through legislative instruments. These systems can be electronic or paper-based.

Note: Approvals under this subsection can be modified or revoked according to subsection 33(3) of the Acts Interpretation Act 1901.

(1A) The information reported about passengers or crew using a fall-back reporting system must identify each individual passenger or crew member.

(2) The instrument approving a fall-back reporting system must also specify the precise information, including personal identifiers, to be reported using that system.

Section 245L: Obligation to Report on Persons Arriving in Australia

Section 245L of provisions on reporting on passengers and crew of aircraft and ships outlines the following:

1. Scope 

This section applies to aircraft and ships arriving in Australia from outside the country.

2. Reporting Obligation

The operator of an aircraft or ship must report passenger and crew information to the Department using the approved primary reporting systems for passengers and crew, respectively.

Note 1: This obligation applies even if the information involved is personal in nature.

Note 2: Failure to comply with this subsection is an offense under Section 245N.

3. Information to Report

The reports on passengers and crew must include the information specified in relation to the relevant approved primary reporting system under subsection 245J(3).

4. Reporting Deadline for Aircraft

Reports on passengers or crew on an aircraft must be submitted no later than:

• 3 hours before the aircraft’s expected arrival time if the flight from the last place outside Australia is expected to take less than 3 hours.
• 1 hour before the aircraft’s expected arrival time if the flight from the last place outside Australia is expected to take less than 3 hours.

5. Reporting Deadline for Ships

The operator must make submissions of reports on passengers or crew on a ship no later than:

• The start of the prescribed period before the ship’s estimated arrival time in Australia.
• The start of the shorter period specified in regulations made for this paragraph if the journey falls under a category described in such regulations.

6. Transitional Provisions

Regulations made for the purposes of paragraph (5)(b) may prescribe transitional matters, including any saving or application provisions, arising from the making of such regulations.

Section 245LA: Obligation to Report on Persons Departing From Australia

Section 245LA of provisions on reporting on passengers and crew of aircraft and ships states the following:

1. Scope of Application

This section applies to aircraft and ships departing from Australia for a place outside the country, regardless of whether they make stops at other Australian locations along the way.

2. Reporting Obligation

The operator of an aircraft or ship must report passenger and crew information to the Department using the approved primary reporting systems for passengers and crew, respectively.

Note 1: They must meet this obligation even if the information involved is personal in nature.

Note 2: Failure to comply with this subsection is an offence under Section 245N.

3. Partial Reporting Exception

If the aircraft or ship makes stops at one or more places in Australia before departing for the place outside Australia, and regulations specify that only the portion of the flight or voyage from the last place in Australia to the place outside Australia is subject to reporting, then the report must only include passengers and crew members who are on or expected to be on that portion of the flight or voyage.

4. Information to Report

Reports on passengers and crew members must include the information specified in relation to the relevant approved primary reporting system under subsection 245J(3).

5. Reporting Deadline

Reports on passengers and crew members must be provided in accordance with the following criteria:

a. If the regulations prescribe a specific period or periods for reporting before the aircraft’s or ship’s departure, the report must be submitted no later than the start of that period or each of those periods.

b. If the regulations specify an event or events that trigger reporting, the report must be submitted at the time of that event or each of those events.

c. If the regulations dictate a specific time or times for reporting, the report must be submitted at that time or each of those times.

6. Multiple Reports Possible

There may be a need of more than one report for a single passenger or crew member under subsection (2).

Section 245LB: Dealing With Information Collected Under This Division Etc.

Section 245LB of provisions on reporting on passengers and crew of aircraft and ships outlines the following:

1. Collection of Personal Information

(1) The Department can collect personal information, including personal identifiers, from reports submitted under this Division.

2. Access and Disclosure of Personal Information

(2) The following provisions apply to personal information (other than personal identifiers) collected under this Division in the same manner they apply to identifying information:

a. Section 336D, which authorizes access to identifying information

b. Section 336E (excluding subsection 336E(1)) and section 336F, which authorize the disclosure of identifying information

c. Any provision of an instrument made under section 336D or 336F

3. Interpretation

(4) This section does not, by implication, affect the interpretation of any other provision of this Act or an instrument made under this Act.

Section 245M: Approved Fall-Back Reporting Systems May Be Used in Certain Circumstances

Section 245M of provisions on reporting on passengers and crew of aircraft and ships apply in two instances:

1. The approved primary reporting system for reporting on passengers or crew on an aircraft or ship is an electronic system, and

2. Either:

• The operator of the aircraft or ship is unable to report on some or all of the passengers or crew (the relevant passengers or crew) using the approved primary reporting system because the system is malfunctioning, or
• The Secretary authorizes the operator of the aircraft or ship to report on some or all of the passengers or crew (the relevant passengers or crew) using an approved fall-back reporting system.

In such scenarios, Sections 245L and 245LA apply to the relevant passengers or crew as if:

1. References to the approved primary reporting system for passengers or crew in subsections 245L(2) and 245LA(2) were instead referenced to an approved fall-back reporting system, and

2. References to the information specified in subsection 245J(3) in relation to the relevant approved primary reporting system in subsections 245L(3) and 245LA(4) were instead references to the information specified in subsection 245K(2) in relation to the approved fall-back reporting system that the operator uses for the relevant passengers or crew.

Section 245N: Offence for Failure to Comply With Reporting Obligations

Section 245N of provisions on reporting on passengers and crew of aircraft and ships states the following:

1. Intentional Non-Compliance

(1) An aircraft or ship operator who intentionally violates subsection 245L(2) or 245LA(2) is guilty of an offence that, upon conviction, carries a maximum penalty of 120 penalty units.

2. Unintentional Non-Compliance

(2) An aircraft or ship operator who violates subsection 245L(2) or 245LA(2) is guilty of an offense that, upon conviction, carries a maximum penalty of 60 penalty units.

Note: Refer to paragraph 504(1)(jaa) for information on alternative penalty payments in lieu of prosecution.

3. Strict Liability

(3) Offenses under 245N(2) are considered strict liability offenses.

Note: For a definition of “strict liability,” refer to section 6.1 of the Criminal Code.

4. Multiple Offenses per Passenger or Crew Member

(4) An aircraft or ship operator commits a separate offence under subsection (1) or (2) for each passenger or crew member in connection with whom the operator violates subsection 245L(2) or 245LA(2).

The Importance of Seeking Legal Advice

Migration laws are difficult to understand especially if you are not knowledgeable about legal jargon. JB Solicitors can help you with various migration laws and provide legal advice for you. We only want the best-tailored advice for all your legal matters.

Contact us today if you need help with reporting on passengers and crew of aircraft and ships.