Information does not have to be reported if it has already been reported under the Migration Act 1958
64ACC Information does not have to be reported if it has already been reported under the Migration Act 1958
If:
both:
section 64ACA or 64ACB of this Act; and
section 245L of the Migration Act 1958;
require the same piece of information in relation to a particular passenger or member of the crew on a particular voyage or flight to be reported; and
the operator has reported that piece of information in relation to that passenger or member of the crew in accordance with that section of the Migration Act 1958;
the operator is then taken not to be required by section 64ACA or 64ACB of this Act (as the case requires) to report the same piece of information in relation to those passengers or crew.
This may mean that no report at all is required under this Act.
However, subsection (1) only applies if the report under the Migration Act 1958 relates to the arrival of the ship or aircraft at the same port or airport for which this Act requires a report.
So, for example, if a report under the Migration Act 1958 is given for a ship’s or aircraft’s arrival in an external Territory that is not part of Australia for the purposes of this Act, subsection (1) does not apply and a report under this Act is required.
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