Federal Register of Legislation - Australian Government

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IMMI 15/024 Approvals as made
This Instrument specifies the fall-back reporting systems for the purposes of reporting on passengers and crew of international passenger cruise ships.
Administered by: Home Affairs
Registered 01 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015

EXPLANATORY STATEMENT

Migration Act 1958

 INSTRUMENT OF APPROVAL OF FALL-BACK REPORTING SYSTEMS

(INTERNATIONAL PASSENGER CRUISE SHIP – PASSENGERS AND CREW) 2015

 (Section 245K)

 

1.                  This Instrument made under section 245K of the Migration Act 1958 (the Act).

2.                  This Instrument revokes the Instrument of Approval of Fall-back Reporting System (International Passenger Cruise Ship – Passengers and Crew) (F2005B02642), signed on 19 December 2003, under subsection 33(3) of the Acts Interpretation Act 1901.

3.                  The purpose of the Instrument is to address the approaching sun-setting of the instrument being revoked (F2005B02642) by Instrument IMMI 15/024 and ensuring that current reporting requirements are maintained.  The Instrument also extends its application to approve the Advance Passenger Processing System for each passenger and each crew member of an international passenger cruise ship as defined in subregulation 3.13 of the Migration Regulations 1994 (the Regulations), for the purposes of Division 12B of Part 2 of the Act.

 

4.                  The Instrument operates to approve the listed systems as fall-back reporting systems for the purpose of reporting on each crew member of an international passenger cruise ship for the purposes of Division 12B of Part 2 of the Act.  A system can include an electronic system or a system requiring reports to be provided in documentary form as defined in subsection 245K(1) of the Act.  The instrument authorises system reporting and the information to be reported by that system on each member of the crew, as defined in subsections 245K(1A) and 245K(2) of the Act.

5.                  Consultation was conducted with relevant internal and external stakeholders including with the relevant policy areas within the Department of Immigration and Border Protection, the providers of the specified systems and relevant key stakeholders in the international passenger cruise ship industry.

6.                  The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR reference 18736).

7.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

8.                  The Instrument, IMMI 15/024, commences immediately after the commencement of Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015.