Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 (103 of 2015)
Schedule 2 Reporting on departing passengers and crew
Migration Regulations 1994
2 Regulations 3.13A to 3.13D
Repeal the regulations, substitute:
3.13A Information about passengers and crew to be given before arrival and departure of certain aircraft and ships
For the definition of kind of aircraft or ship to which this Division applies in subsection 245I(1) of the Act, the following kinds of aircraft or ship are a kind of aircraft or ship to which Division 12B of the Act applies:
(a) an international passenger aircraft;
(b) an international passenger cruise ship;
(c) an international cargo ship.
Note: Division 12B of the Act deals with the reporting of persons due to arrive at, or depart from, a place in Australia.
3.13B Obligation to report on persons arriving on ships - reporting periods for journey from last port outside Australia
(1) For paragraph 245L(5)(a) of the Act, the prescribed period is 96 hours.
(2) For paragraph 245L(5)(b) of the Act, the period mentioned in an item in the following table is specified for a journey of the kind mentioned in the item.
|
Reporting periods for certain journeys |
||
|---|---|---|
|
Item |
Likely duration of ship's journey |
Specified period |
|
1 |
72 hours or more but less than 96 hours |
72 hours |
|
2 |
48 hours or more but less than 72 hours |
48 hours |
|
3 |
24 hours or more but less than 48 hours |
24 hours |
|
4 |
Less than 24 hours |
12 hours |
3.13C Report on departing person to relate to flight or voyage from the last place in Australia to a place outside Australia
For paragraph 245LA(3)(b) of the Act, a report under subsection 245LA(2) of the Act must only relate to the part of a flight or voyage that is from the last place in Australia to a place outside Australia.
3.13D Obligation to report on persons departing from Australia - deadline for providing report
Deadline for reporting on persons departing on an international passenger aircraft
(1) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a flight to be undertaken by an international passenger aircraft must be provided:
(a) before the passenger or crew member is required to present evidence of his or her identity to a clearance authority in relation to his or her departure; or
(b) if a report on the passenger or crew member has been made under subsection 245LA(2) of the Act and after the report was made the passenger or crew member changes his or her departing flight - before the passenger or crew member boards the departing flight; or
(c) for a passenger or crew member transiting through Australia without being immigration cleared and for whom a report under subsection 245LA(2) of the Act has not been made in relation to the person's departure from Australia - before the passenger or crew member boards the departing flight.
Deadline for reporting on persons departing on an international passenger cruise ship
(2) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a voyage to be undertaken by an international passenger cruise ship must be provided before the ship departs a place in Australia for a place outside Australia.
Deadline for reporting on persons departing on an international cargo ship
(3) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a voyage to be undertaken by an international cargo ship must be provided before the ship departs a place in Australia for a place outside Australia.