Customs Act 1901

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 the Department on each passenger who will be on board the ship or aircraft at the time of its arrival at the port or airport.

This obligation must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).

See also section 64ACC, which deals with what happens if information has already been reported under the Migration Act 1958.

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

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:

the ship is on a voyage for transporting persons:

that is provided for a fee payable by those using it; and

the operator of which is prescribed by the regulations;

the aircraft is on a flight that is provided as part of an airline service:

that is provided for a fee payable by those using it; and

that is provided in accordance with fixed schedules to or from fixed terminals over specific routes; and

that is available to the general public on a regular basis;

An approval, and a variation or revocation of an approval, is a legislative instrument: see subsection (10).

An approval can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

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

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

If the report relates to a ship, it must be given not later than:

the start of the prescribed period before its estimated time of arrival; or

if the journey is of a kind described in regulations made for the purposes of this paragraph—the start of the shorter period before its estimated time of arrival that is specified in those regulations.

Regulations made for the purposes of subsection (5) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.

If the report relates to an aircraft, it must be given not later than:

if the flight from the last airport outside Australia is likely to take not less than 3 hours—3 hours; or

if the flight from the last airport outside Australia is likely to take less than 3 hours—one hour;

If the report is given by document, it must:

be in writing; and

be in an approved form; and

contain such information as is required by the form; and

be signed in a manner specified in the form; and

be communicated to the Department by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport at which the ship or aircraft is expected to arrive.

If the report is given electronically (whether or not by an electronic system approved for the purposes of subsection (2)), it must communicate such information as is set out in an approved statement.

The Comptroller‑General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (7) and (8) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.

An approval of an electronic system for the purposes of subsection (2), or a variation or revocation of such an approval, is a legislative instrument.

Information obtained by the Department under this section is taken to be obtained by the Department for the purposes of the administration of this Act, the Migration Act 1958, and any other law of the Commonwealth prescribed by regulations for the purposes of this subsection.