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, in accordance with this section, report to the Department on each member of the crew 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.
The operator may give the report by document or electronically.64ACB(3) Deadline for giving report
The report must be made during the period within which a report under section 64 of the impending arrival of the ship or aircraft is required to be made.64ACB(4)
However, a report in respect of an aircraft must not be made before the date of departure of the aircraft from the last airport outside Australia. 64ACB(5) Other requirements for documentary reports
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form; and
(e) 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, it must communicate such information as is set out in an approved statement.64ACB(7) Different forms and statements for different circumstances etc.
The Comptroller-General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (5) and (6) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.
(Repealed by No 41 of 2015)
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.
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