Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendment of the Migration Act 1958
1 Paragraph 5A(3)(c)
Omit ", including passenger processing at Australia's border".
2 After paragraph 5A(3)(c)
Insert:
(ca) to improve passenger processing at Australia's border; and
3 Paragraph 245I(2)(b)
After "voyage to", insert "or from".
4 Subsections 245J(3) and 245K(2)
After "information", insert "(including personal identifiers)".
5 Section 245L (heading)
Repeal the heading, substitute:
245L Obligation to report on persons arriving in Australia
6 Subsection 245L(1)
Omit "an airport or port", substitute "a place".
7 Paragraphs 245L(2)(a) and (b)
Omit "airport or port", substitute "place in Australia".
8 Subsection 245L(2) (note 1)
Omit "(and the obligation in subsection (6))".
9 Paragraphs 245L(4)(a) and (b)
Omit "airport" (wherever occurring), substitute "place".
10 Paragraphs 245L(5)(a) and (b)
After "arrival", insert "at the place in Australia".
11 Subsections 245L(6) and (7)
Repeal the subsections.
12 After section 245L
Insert:
245LA Obligation to report on persons departing from Australia
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 depart from a place in Australia on a flight or voyage to a place outside Australia (whether or not after calling at other places in 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 each passenger who is on, or is expected to be on, the flight or voyage (including any part of the flight or voyage); and
(b) report to the Department, using the approved primary reporting system for crew, on each member of the crew who is on, or is expected to be on, the flight or voyage (including any part of the flight or voyage).
Note 1: This obligation must be complied with even if the information concerned is personal information.
Note 2: Section 245N contains an offence for failure to comply with this subsection.
(3) However, if:
(a) on the flight or voyage, the aircraft or ship calls at one or more places in Australia before departing to the place outside Australia; and
(b) the regulations prescribe that a report under subsection (2) must only relate to the part of the flight or voyage that is from the last place in Australia to the place outside Australia;
then the report must be on each passenger or crew member who is on, or is expected to be on, that part of the flight or voyage.
Information to be reported
(4) A report on a passenger or crew member under subsection (2) must include the information relating to the passenger or crew member that is specified, as mentioned in subsection 245J(3), in relation to the relevant approved primary reporting system.
Deadline for providing a report
(5) A report on a passenger or crew member under subsection (2) must be provided:
(a) if the regulations prescribe a period or periods before the aircraft's or ship's departure from a place for the giving of a report under subsection (2) in relation to the passenger or crew member--not later than the start of that period or each of those periods; and
(b) if the regulations prescribe an event or events for the giving of a report under subsection (2) in relation to the passenger or crew member--at the time of that event or each of those events; and
(c) if the regulations prescribe a time or times for the giving of a report under subsection (2) in relation to the passenger or crew member--at that time or each of those times.
(6) To avoid doubt, more than one report may be required to be provided under subsection (2) in relation to a passenger or crew member.
Note: For example, if regulations made for the purposes of subsection (5) prescribe a period of 48 hours before the aircraft's or ship's departure from a place on the flight or voyage and also prescribe an event of the passenger or crew member checking-in for the flight or voyage, then 2 reports would be required to be provided under this section in relation to the passenger or crew member.
13 Before section 245M
Insert:
245LB Dealing with information collected under this Division etc.
Collection of personal information
(1) The Department may collect information (including personal identifiers) in a report provided under this Division.
Access to, and disclosure of, personal information
(2) The following provisions:
(a) section 336D (which authorises access to identifying information);
(b) section 336E (other than subsection 336E(1)) and section 336F (which authorise disclosure of identifying information);
(c) a provision of an instrument made under section 336D or 336F;
apply to personal information (other than personal identifiers) collected under this Division, or under subsection 64ACA(11) or 64ACB(8) of the Customs Act 1901 , in the same way as they apply to identifying information.
(3) As soon as practicable after information is reported under section 245L or 245LA, the Department must disclose the information (including personal identifiers) to the Australian Customs and Border Protection Service.
Effect on 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.
14 Subsection 245M(2)
Omit "Section 245L applies", substitute "Sections 245L and 245LA apply".
15 Paragraph 245M(2)(a)
Omit "paragraph 245L(2)(a) or (b)", substitute "subsections 245L(2) and 245LA(2)".
16 Paragraph 245M(2)(b)
Omit "subsection 245L(3)", substitute "subsections 245L(3) and 245LA(4)".
17 Subsections 245N(1), (2) and (4)
After "245L(2)", insert "or 245LA(2)".
Division 2--Application of amendments made by Part 1
18 Application of amendments made by Part 1
Access and disclosure of identifying information etc.
(1) The amendments made by items 1 and 2 of this Schedule, as they affect section 336A, 336D or 336F of the Migration Act 1958 , apply in relation to personal identifiers and personal information provided before, on or after the commencement of this Schedule.
Reports about arrivals including personal identifiers
(2) The amendments made by item 4 apply in relation to an aircraft or ship arriving at a place in Australia on or after that commencement.
(3) However, subitem (2) does not apply to the extent that it would require a report given before that commencement to include a personal identifier.
Reports about arrivals at a place in Australia
(4) The amendments made by items 6, 7, 9 and 10 apply in relation to an aircraft or ship arriving at a place in Australia (whether or not an airport or a port) on or after that commencement.
(5) However, if the aircraft or ship arrives at a place that is not an airport or port, then subitem (4) does not apply to the extent that it would require a report in relation to that arrival to be given before that commencement.
Reports about departures
(6) The amendments made by items 3, 4, 12, 14, 15, 16 and 17 apply in relation to an aircraft or ship departing from a place in Australia on or after that commencement.
(7) However, subitem (6) does not apply to the extent that it would require a report to be given before that commencement.
Dealing with information
(8) The amendment made by item 13 applies in relation to information in reports provided on or after that commencement.
Saving
(9) If:
(a) an instrument was made for the purposes of a provision of the Migration Act 1958 ; and
(b) the instrument was in force immediately before the commencement of this Schedule; and
(c) the provision is amended by this Schedule;
then the instrument continues in force (and may be dealt with) as if it were made for the purposes of that provision as amended.
Part 2 -- Amendment of the Customs Act 1901
19 Paragraphs 64ACA(12)(b) and 64ACB(9)(b)
Omit "subsection 245L(6)", substitute "section 245LB".
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