63Ship or aircraft not to be moved without authority

63  Ship or aircraft not to be moved without authority  (1) No ship or aircraft after arrival at the proper place of mooring, at the proper wharf appointed under subsection 15(2) or at an airport appointed under subsection 15(1) shall be removed therefrom before the discharge of the cargo intended to be discharged at the port or airport.  (2) Subsection (1) does not apply if the removal is by authority or by direction of the harbour or aerial authority.  (3) Subsection (1) is an offence of strict liability. Division 3—The report of the cargo Subdivision A—General reporting requirements 63A  Definitions abbreviated cargo report means an electronic cargo report, in relation to low value cargo of a particular kind, made by a special reporter in relation to cargo of that kind in accordance with the requirements of section 64AB. applicant means an applicant under Subdivision C for registration, or for renewal of registration, as a special reporter in relation to low value cargo of a particular kind. application means an application under Subdivision C for registration, or for renewal of registration, as a special reporter in relation to low value cargo of a particular kind. cargo, in relation to a ship or aircraft, includes any mail carried on the ship or aircraft. dedicated computer facilities, in relation to a person who is seeking to be registered, or is or has been registered, as a special reporter in relation to low value cargo of a particular kind, means computer facilities of that person that meet the requirements of Subdivision C relating to the making of abbreviated cargo reports in relation to cargo of that kind, and the storage of electronic information concerning individual consignments covered by those reports. house agreement, in relation to a particular mail‑order house and to a particular registered user proposing to handle consignments from that house, means a written agreement between that house and that user that includes provisions:  (a) setting out the arrangements made by the user with the house for the shipment of low value goods consigned by that house and handled by that user; and  (b) providing that all such consignments from that house that are to be handled by that user will be consolidated at a single place of export outside Australia designated or determined in accordance with the agreement; and  (c) providing that the house will transmit electronically to the user full particulars of each such consignment for which an order has been placed including details of the consignment’s transportation to Australia. low value cargo means:  (a) cargo consigned from a particular mail‑order house; or  (c) cargo comprising other goods of a kind prescribed by the regulations; being cargo in relation to each single consignment of which section 68 does not apply because of paragraph 68(1)(f). mail, in relation to a ship or aircraft, means:  (a) any goods consigned through the Post Office that are carried on the ship or aircraft; and  (b) any other correspondence carried on the ship or aircraft that is not consigned as cargo and that is not accompanied personal or household effects of a passenger or member of the crew. Note: Correspondence covered by paragraph (b) would include, for example, an airline’s inter‑office correspondence that is carried on one of the airline’s aircraft and that is not consigned as cargo. mail‑order house means a commercial establishment carrying on business outside Australia that sells goods solely in response to orders placed with it either by mail or electronic means. notified premises, in relation to a person who is, or has been, a special reporter in relation to low value cargo of a particular kind, means:  (a) the premises or all premises indicated in the application, in accordance with subsection 67EC(3), as places in Australia at which are located:  (i) dedicated computer facilities for the storage of information relating to cargo of that kind; or  (ii) documents relating to such information; and  (b) if a special reporter notifies the Comptroller‑General of Customs under subsection 67EF(2) that, with effect from a particular day, the premises at which all or any of those facilities or documents will be located is to be changed to another place in Australia—with effect from that day, the premises at which all of those facilities and documents will be located. re‑mail item, in relation to a ship or aircraft, means an item of cargo carried on the ship or aircraft, in respect of which all of the following apply:  (a) the item is packaged in an addressed envelope, of paper or other material, whose length plus width does not exceed 80 cm;  (b) the item consists only of paper;  (c) the item and packaging weigh no more than one kilogram;  (d) the item either has no commercial value or is a publication in respect of which the following apply:  (i) the publication is sent from overseas to the addressee as a subscriber to the publication;  (ii) the subscription is made by a direct dealing with the consignor by either the addressee or another person arranging a gift subscription for the addressee;  (iii) the value of the publication does not exceed $250 (or such other amount as is prescribed for the purposes of subparagraph 68(1)(f)(iii));  (e) the item is not mail;  (f) the item is not, or does not contain, goods covered by paragraph (a) or (b) of the definition of prohibited goods in subsection 4(1);  (g) there is no individual document of carriage for the item;  (h) the item was consigned on the ship or aircraft by the consignor, with other items that are covered by paragraphs (a) to (g) of this definition, to different consignees. re‑mail reporter means a person or partnership that is registered under Subdivision E as a re‑mail reporter. special reporter means a person who is registered under Subdivision C as a special reporter in respect of low value cargo of a particular kind. 64  Impending arrival report  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) If the ship or aircraft is due to arrive at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, the impending arrival of the ship or aircraft.  (3) Subject to subsection (4), the report of the impending arrival of the ship or aircraft may be made by document or electronically.  (4) If the operator is required to report to the Department under section 64AAB, or to make a cargo report, in respect of the voyage or flight, the report of the impending arrival of the ship or aircraft must be made electronically.  (5) A report of the impending arrival of a ship (other than a pleasure craft) must be made:  (a) not earlier than 10 days before the time stated in the report to be the estimated time of arrival of the ship; and  (b) not later than:  (i) the start of the prescribed period before its estimated time of arrival; or  (ii) if the journey is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period specified in those regulations before its estimated time of arrival.  (5A) A report of the impending arrival of a pleasure craft must be made:  (a) not earlier than the prescribed number of days before the time stated in the report to be the estimated time of arrival of the pleasure craft; and  (b) not later than:  (i) the start of the prescribed period before its estimated time of arrival; or  (ii) if the journey is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period specified in those regulations before its estimated time of arrival.  (6) Regulations made for the purposes of paragraph (5)(b) or (5A)(b) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.  (7) A report of the impending arrival of an aircraft must be made:  (a) not earlier than 10 days before the time stated in the report to be the estimated time of arrival of the aircraft; and  (b) not later than the prescribed period before that time.  (8) For the purposes of paragraph (7)(b), the prescribed period before the estimated time of arrival of an aircraft is:  (a) if the flight from the last airport is likely to take not less than 3 hours—3 hours or such other period as is prescribed by the regulations; or  (b) if the flight from the last airport is likely to take less than 3 hours:  (i) one hour or such other period as is prescribed by the regulations; or  (ii) if the flight is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations.  (9) A documentary report must:  (c) 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; and  (10) An electronic report must communicate such information as is set out in an approved statement.  (11) The Comptroller‑General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (9) and (10) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.  (12) An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (13) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (14) An offence against subsection (13) is an offence of strict liability. 64AA  Arrival report  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) When the ship or aircraft has arrived at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, particulars of the arrival of the ship or aircraft and the time of arrival.  (3) Subject to subsection (3A), the report must be made:  (a) in the case of a ship—before:  (i) the end of 24 hours (disregarding any period that occurs on a Saturday, Sunday or holiday) after the ship’s arrival; or  (ii) the issue of a Certificate of Clearance in respect of the ship and the port;   whichever first happens; or  (b) in the case of an aircraft—before:  (i) the end of 3 hours after the aircraft’s arrival; or  (ii) the issue of a Certificate of Clearance in respect of the aircraft and the airport;   whichever first happens.  (3A) The Comptroller‑General of Customs may, by legislative instrument, determine that reports for specified ships, or specified aircraft, in specified circumstances must be made before a specified time or before the occurrence of a specified event. Such reports must be made in accordance with the instrument.  (4) Subject to subsection (5), a report mentioned in subsection (3) or (3A) may be made by document or electronically.  (5) If the operator is required to report to the Department under section 64AAB, or to make a cargo report, in respect of the voyage or flight, a report mentioned in subsection (3) or (3A) must be made electronically.  (6) A documentary report must:  (c) 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 of arrival; and  (7) An electronic report must communicate such information as is set out in an approved statement.  (8) The Comptroller‑General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (6) and (7) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.  (9) An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (10) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (11) An offence against subsection (10) is an offence of strict liability. 64AAA  Report of stores and prohibited goods  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) When the ship or aircraft has arrived at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, particulars of the ship’s stores or aircraft’s stores and of any prohibited goods contained in those stores at the time of arrival.  (3) Subject to subsection (3A), the report must be made:  (a) in the case of a ship—before:  (i) the end of 24 hours (disregarding any period that occurs on a Saturday, Sunday or holiday) after the ship’s arrival; or  (ii) the issue of a Certificate of Clearance in respect of the ship and the port;   whichever first happens; or  (b) in the case of an aircraft—before:  (i) the end of 3 hours after the aircraft’s arrival; or  (ii) the issue of a Certificate of Clearance in respect of the aircraft and the airport;   whichever first happens.  (3A) The Comptroller‑General of Customs may, by legislative instrument, determine that reports for specified ships, or specified aircraft, in specified circumstances must be made before a specified time or before the occurrence of a specified event. Such reports must be made in accordance with the instrument.  (4) A report mentioned in subsection (3) or (3A) may be made by document or electronically.  (5) A documentary report must:  (c) 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 of arrival; and  (6) An electronic report must communicate such information as is set out in an approved statement.  (7) 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.  (8) An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (11) In this section: aircraft’s stores and ship’s stores have the meanings given by section 130C. 64AAB  Notifying Department of particulars of cargo reporters  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) A cargo reporter who has entered into an agreement or arrangement with another cargo reporter under which cargo for whose carriage the other cargo reporter is responsible is to be carried on the ship or aircraft during the voyage or flight must report to the Department, in accordance with this section, particulars of the other cargo reporter.  (3) A report must be made electronically and must communicate such information as is set out in an approved statement.  (4) A report must be made before the latest time by which a cargo report may be made.  (5) The Comptroller‑General of Customs may approve different statements for reports to be made under this section in different circumstances or by different kinds of cargo reporters.  (6) A cargo reporter who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (7) A cargo reporter who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (8) An offence against subsection (7) is an offence of strict liability.  (9) A cargo reporter who is required to make a report under this section is not liable to be prosecuted for, and cannot be served with an infringement notice under Division 5 of Part XIII for, an offence against this section if:  (a) the cargo reporter made a report, but contravened subsection (4) of this section; and  (b) the time (the actual time of arrival) at which the ship or aircraft in question arrived at the first port or airport in Australia since it last departed from a port or airport outside Australia was later than the estimated time of arrival referred to in subsection 64AB(8); and  (c) the cargo reporter would not have contravened subsection (4) of this section if the estimated time of arrival of the ship or aircraft had been its actual time of arrival. 64AAC  Report to Department of persons engaged to unload cargo  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) The operator must report to the Department, in accordance with this section, particulars of:  (a) in the case of a ship—the stevedore with whom the operator has entered into a contract for the unloading of the cargo from the ship at a place in Australia; or  (b) in the case of an aircraft—the depot operator who will first receive the cargo after it has been unloaded from the aircraft at a place in Australia.  (3) A report must be made electronically and must communicate such information as is set out in an approved statement.  (4) A 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.  (5) The Comptroller‑General of Customs may approve different statements for electronic reports to be made under this section in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.  (6) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (7) An offence against subsection (6) is an offence of strict liability. 64AB  Cargo reports  (1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.  (2) If the ship or aircraft is due to arrive at its first port or airport in Australia since it last departed from a port or airport outside Australia, each cargo reporter must report to the Department, in accordance with this section, particulars of all goods:  (a) that the cargo reporter has arranged to be carried on the ship or aircraft on the voyage or flight; and  (b) that are intended to be unloaded from the ship or aircraft at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight); and  (c) that are not:  (i) accompanied personal or household effects of a passenger or member of the crew; or  (ii) ship’s stores or aircraft’s stores.  (2A) If the ship or aircraft is due to arrive at its first port, or airport, in Australia since it last called at a port, or departed from an airport, outside Australia, each cargo reporter must report to the Department, in accordance with this section, particulars of all goods that the cargo reporter has arranged to be carried on the ship or aircraft and that are intended to be kept on board the ship or aircraft for shipment on to a place outside Australia, other than:  (a) goods that are accompanied personal or household effects of a passenger or member of the crew; or  (b) ship’s stores or aircraft’s stores.  (4) A cargo report must be an electronic report.  (4B) An electronic cargo report must communicate such information as is set out in an approved statement.  (5) If the information required by an approved statement to be communicated electronically refers to particulars of the consignor or consignee of goods:  (a) in the case of a report under subsection (2)—the reference in the statement to the consignor of goods is a reference to a supplier of goods who is located outside Australia and:  (i) initiates the sending of goods to a person in Australia; or  (ii) complies with a request from a person in Australia to send goods to the person; and  (aa) in the case of a report under subsection (2A)—the reference in the statement to the consignor of goods is a reference to a supplier of goods who is located outside Australia and:  (i) initiates the sending of goods to a person in a place outside Australia; or  (ii) complies with a request from a person in a place outside Australia to send goods to the person; and  (b) in any case—the reference in the statement to the consignee of goods is a reference to the person who is the ultimate recipient of goods that have been sent from outside Australia, whether or not the person ordered or paid for the goods.  (6) The Comptroller‑General of Customs may approve different statements for the cargo reports to be made in different circumstances or by different kinds of cargo reporters.  (7) The statement approved for a report by a special reporter in relation to low value cargo of a particular kind must not require the special reporter to include information relating to cargo of that kind at a level of specificity below the level of a submaster air waybill or an ocean bill of lading, as the case requires.  (7A) The statement approved for a report by a re‑mail reporter in relation to re‑mail items must not require the reporter to include information relating to re‑mail items at a level of specificity below the level of a submaster air waybill or an ocean bill of lading, as the case requires. Note: This means that a re‑mail reporter using the approved statement does not have to give information about individual re‑mail items.  (7B) However, a re‑mail reporter must not use that approved statement for a re‑mail item for which the reporter has information below that level of specificity. Note: A re‑mail reporter who does not use the approved statement for re‑mail items must provide information about individual re‑mail items in a cargo report.  (8) A cargo report is to be made not later than:  (a) if the cargo is carried on a ship:  (i) the start of the prescribed period; or  (ii) if the journey from the last port is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period that is specified in those regulations;   before the estimated time of arrival of the ship at the first port in Australia since it last departed from a port outside Australia; or  (b) if the cargo is carried on an aircraft:  (i) 2 hours or such other period as is prescribed by the regulations; or  (ii) if the flight from the last airport is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations;   before the estimated time of arrival specified in the report under section 64 of the impending arrival of the aircraft at the first airport in Australia since it last departed from an airport outside Australia.  (8A) Regulations made for the purposes of paragraph (8)(a) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.  (9) A cargo reporter who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (10) A cargo reporter who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (11) An offence against subsection (10) is an offence of strict liability.  (14A) A cargo reporter who is required to make a cargo report in respect of particular goods is not liable to be prosecuted for, and cannot be given an infringement notice for, an offence against this section if:  (a) the cargo reporter made a cargo report, but contravened subsection (8) because the report was not made before the start of a certain period; and  (b) the time (the actual time of arrival) at which the ship or aircraft in question arrived at the first port or airport in Australia since it last departed from a port or airport outside Australia was later than the estimated time of arrival referred to in subsection (8); and  (c) the cargo reporter would not have contravened subsection (8) if the estimated time of arrival of the ship or aircraft had been its actual time of arrival.  (15) Nothing in this section affects the operation of Subdivision C.  (16) In this section: aircraft’s stores and ship’s stores have the meanings given by section 130C. 64ABAA  Outturn reports  (1) When cargo is unloaded from an aircraft at an airport, the depot operator whose particulars have been communicated to the Department by the operator of the aircraft under section 64AAC must communicate electronically to the Department an outturn report in respect of the cargo.  (2) When a container is unloaded from a ship at a port, the stevedore whose particulars have been communicated to the Department by the operator of the ship under section 64AAC must communicate electronically to the Department an outturn report in respect of the container.  (3) When cargo that is not in a container is unloaded from a ship, the stevedore whose particulars have been communicated to the Department by the operator of the ship under section 64AAC must communicate electronically to the Department an outturn report in respect of the cargo.  (4) When cargo unloaded from an aircraft or ship has been moved, under a permission given under section 71E, to a Customs place other than a warehouse, the person in charge of the Customs place must communicate electronically to the Department an outturn report in respect of the cargo.  (5) An outturn report must:  (a) if it is made under subsection (1), (3) or (4):  (i) specify any goods included in the cargo report that have not been unloaded or, if there are no such goods, contain a statement to that effect; and  (ii) specify any goods not included in the cargo report that have been unloaded or, if there are no such goods, contain a statement to that effect; and  (b) if it is made under subsection (2)—set out a list of the containers that have been unloaded; and  (c) in any case:  (i) be in accordance with an approved statement; and  (ii) state any times required by section 64ABAB; and  (iii) be made within the period or at the time required by that section.  (6) The Comptroller‑General of Customs may approve different statements for the outturn reports to be made by stevedores, depot operators, or persons in charge of Customs places.  (7) An officer may disclose a cargo report to a stevedore, a depot operator or a person in charge of a Customs place (other than a warehouse) for the purpose of enabling the stevedore, operator or person to communicate to the Department an outturn report in respect of the cargo.  (8) A person who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (9) A person who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (10) An offence against subsection (9) is an offence of strict liability.  (11) In this section: Customs place has the meaning given by subsection 183UA(1). 64ABAB  When outturn report is to be communicated to Department  (1) In the case of cargo unloaded from an aircraft at an airport and received into a depot, the depot operator must communicate the outturn report to the Department within 24 hours, or such other period as is prescribed by the regulations, after the time of arrival of the aircraft as stated in the report under section 64AA.  (2) Subsections (2A), (2B), (2C), (2D) and (2E) of this section apply to outturn reports a stevedore must communicate under subsection 64ABAA(2) because of the unloading of one or more containers from a ship at a port.  (2A) The stevedore must communicate a report at the end of each period:  (a) that starts at a time described in subsection (2B); and  (b) that is 3 hours long; and  (c) during which a container is unloaded.  (2B) A period starts:  (a) at the time the first container is unloaded; or  (b) immediately after the end of the most recent period covered by subsection (2A); or  (c) at the first time a container is unloaded after the end of the most recent period covered by subsection (2A), if a container has not been unloaded in the 3 hours starting at the end of the most recent period covered by that subsection.  (2C) The first report must state the time the first container is unloaded.  (2D) The last report must state the time when the unloading of the containers was completed.  (2E) If the stevedore communicates a report that:  (a) covers the unloading of a container that, because of a decision not to unload any more containers that was made after the communication, completes the unloading of the containers; and  (b) does not state the time when the unloading of the containers was completed; the stevedore must communicate another report that states that the unloading of the containers has been completed. The stevedore must do so within 3 hours of the decision being made.  (2F) If the regulations prescribe a period other than 3 hours, subsections (2A), (2B) and (2E) have effect as if they referred to the period prescribed instead of 3 hours.  (3) In the case of cargo (not in containers) unloaded from a ship at a wharf, the stevedore must communicate the outturn report to the Department within 5 days, or such other period as is prescribed by the regulations, after the day on which the unloading of the cargo from the ship was completed. The outturn report must state the time when the unloading of the cargo was completed.  (4) In the case of cargo unloaded from a ship or aircraft and moved, under a permission given under section 71E, to a Customs place (as defined in subsection 183UA(1)) other than a warehouse, the person in charge of the Customs place must communicate the outturn report to the Department:  (a) if the cargo is in a container:  (i) if the container is not unpacked at that place—within 24 hours (or such longer period as is prescribed by the regulations) after the person in charge of that place recorded the receipt of the container at that place; or  (ii) if the container is unpacked at that place—within 24 hours, or such other period as is prescribed by the regulations, after it was unpacked; or  (b) if the cargo is not in a container—not later than:  (i) the day after the day on which the person in charge of that place recorded a receipt of the cargo at that place; or  (ii) if a later time is prescribed by the regulations—that later time. If the cargo is in a container that is unpacked at the Customs place, the outturn report must state the time when the unpacking of the cargo was completed. 64ABAC  Explanation of shortlanded or surplus cargo  (1) If an outturn report specifies:  (a) any goods included in the cargo report that have not been unloaded; or  (b) any goods not included in the cargo report that have been unloaded; the officer may require the cargo reporter who made the cargo report in relation to the goods to explain why the goods were not unloaded or were not included in the cargo report, as the case may be.  (2) If a cargo reporter in respect of whom a requirement is made under subsection (1) fails to comply with the requirement, the cargo reporter commits a offence punishable, on conviction, by a penalty not exceeding 60 penalty units. 64ACA  Passenger reports Obligation to report on passengers  (1) 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. Note 1: This obligation must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988). Note 2: See also section 64ACC, which deals with what happens if information has already been reported under the Migration Act 1958. Note 3: Section 64ACD contains an offence for failure to comply with this subsection. How report is to be given—certain operators to use an approved electronic system  (2) 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:  (a) the ship is on a voyage for transporting persons:  (i) that is provided for a fee payable by those using it; and  (ii) the operator of which is prescribed by the regulations;   and the Comptroller‑General of Customs has, in writing, approved an electronic system for the operator for the purposes of this subsection;  (b) the aircraft is on a flight that is provided as part of an airline service:  (i) that is provided for a fee payable by those using it; and  (ii) that is provided in accordance with fixed schedules to or from fixed terminals over specific routes; and  (iii) that is available to the general public on a regular basis;   and the Comptroller‑General of Customs has, in writing, approved an electronic system for the operator for the purposes of this subsection. Note 1: An approval, and a variation or revocation of an approval, is a legislative instrument: see subsection (10). Note 2: An approval can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.  (3) However, if the approved electronic system is not working, then the operator must give the report as if subsection (4) applied. How report to is be given—other operators  (4) The operator of any other ship or aircraft may give the report by document or electronically.  (5) If the report relates to a ship, it must be given not later than:  (a) the start of the prescribed period before its estimated time of arrival; or  (b) 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.  (5A) 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. Deadline for giving report—aircraft  (6) If the report relates to an aircraft, it must be given not later than:  (a) if the flight from the last airport outside Australia is likely to take not less than 3 hours—3 hours; or  (b) if the flight from the last airport outside Australia is likely to take less than 3 hours—one hour; before the time stated in the report made under section 64 to be the estimated time of arrival of the aircraft. Other requirements for documentary reports  (7) If the report is given by document, it must:  (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. Other requirements for electronic reports  (8) 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. Different forms and statements for different circumstances etc.  (9) 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. Legislative instruments  (10) 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. Purpose for which information obtained  (12) 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. 64ACB  Crew reports Obligation to report on crew  (1) 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. Note 1: This obligation must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988). Note 2: See also section 64ACC, which deals with what happens if information has already been reported under the Migration Act 1958. Note 3: Section 64ACD contains an offence for failure to comply with this subsection. How report is to be given  (2) The operator may give the report by document or electronically. Deadline for giving report  (3) 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.  (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. Other requirements for documentary reports  (5) If the report is given by document, it must:  (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. Other requirements for electronic reports  (6) If the report is given electronically, it must communicate such information as is set out in an approved statement. Different forms and statements for different circumstances etc.  (7) 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. Purpose for which information obtained  (9) 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. 64ACC  Information does not have to be reported if it has already been reported under the Migration Act 1958  (a) both:  (i) section 64ACA or 64ACB of this Act; and  (ii) 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  (b) 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. Note: This may mean that no report at all is required under this Act.  (2) 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. Note: 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. 64ACD  Offence for failure to comply  (1) An operator of a ship or aircraft who intentionally contravenes section 64ACA or 64ACB commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.  (2) An operator of a ship or aircraft who contravenes section 64ACA or 64ACB commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.  (4) An operator of an aircraft or ship commits a separate offence under subsection (1) or (2) in relation to each passenger or member of the crew in relation to whom the operator contravenes section 64ACA or 64ACB. 64ACE  Communication of reports  (1) For the purposes of this Act, a documentary report that is sent or given to the Department in accordance with section 64, 64AA, 64AAA, 64ACA or 64ACB may be sent or given in any prescribed manner and, when so sent or given, is taken to have been communicated to the Department when it is received by an officer.  (2) For the purposes of this Act, a report that is sent electronically to the Department under section 64, 64AA, 64AAA, 64AAB, 64AAC, 64AB, 64ABAA, 64ACA or 64ACB is taken to have been communicated to the Department when an acknowledgment of the report is sent to the person identified in the report as the person sending it. 64ADAA  Requirements for communicating to Department electronically   A communication that is required or permitted by this Subdivision to be made to the Department electronically must: 64ADA  Disclosure of cargo reports to port authorities  (1) An officer may disclose a cargo report to a port authority for the purpose of enabling the authority to collect statistics or compute liability for wharfage charges.  (2) A person to whom information is disclosed under subsection (1) must not:  (a) use the information for any purpose other than the purpose for which the information was disclosed; or  (b) disclose the information to any person except to the extent necessary for that purpose. Penalty: Imprisonment for 2 years.  (3) A reference in this section to disclosure of information includes a reference to disclosure by way of the provision of electronic access to the information. 64AE  Obligation to answer questions and produce documents  (1) The operator of a ship or aircraft to whom section 64, 64AA, 64AAA, 64ACA or 64ACB applies must:  (a) answer questions asked by a Collector relating to the ship or aircraft or its cargo, crew, passengers, stores or voyage; and  (b) produce documents requested by the Collector relating to a matter referred to in paragraph (a), if the documents are in his or her possession or control at the time of the request.  (2) Each cargo reporter to whom section 64AB applies must:  (a) answer questions asked by a Collector relating to the goods he or she has arranged to be carried on the relevant ship or aircraft; and  (b) produce documents requested by the Collector relating to such goods, if the documents are in his or her possession or control at the time of the request.  (2A) Subsection (2) is an offence of strict liability.  (3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the person charged had a reasonable excuse for:  (a) refusing or failing to answer questions asked by a Collector; or  (b) refusing or failing to produce documents when so requested by a Collector. 64AF  Obligation to provide access to passenger information  (1) An operator of an international passenger air service commits an offence if:  (a) the operator receives a request from the Comptroller‑General of Customs to allow authorised officers ongoing access to the operator’s passenger information in a particular manner and form; and  (b) the operator fails to provide that access in that manner and form. Note 1: For operator, international passenger air service and passenger information, see subsection (6). Note 2: The obligation to provide access must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).  (2) An operator of an international passenger air service does not commit an offence against subsection (1) at a particular time if, at that time, the operator cannot itself access the operator’s passenger information. Note 1: For example, the operator cannot access the operator’s passenger information if the operator’s computer system is not working. Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).  (3) An operator of an international passenger air service commits an offence if the operator fails to provide an authorised officer to whom the operator is required to allow access in accordance with subsection (1) with all reasonable facilities, and assistance, necessary to obtain information by means of that access and to understand information obtained.  (4) An operator of an international passenger air service does not commit an offence against subsection (3) if the operator had a reasonable excuse for failing to provide the facilities and assistance in accordance with that subsection. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).  (5) An authorised officer must only access an operator’s passenger information for the purposes of performing his or her functions in accordance with:  (a) this Act; or  (b) a law of the Commonwealth prescribed by regulations for the purposes of this paragraph.  (6) In this section: Australian international flight means a flight:  (a) from a place within Australia to a place outside Australia; or  (b) from a place outside Australia to a place within Australia. international passenger air service means a service of providing air transportation of people:  (a) by means of Australian international flights (whether or not the operator also operates domestic flights or other international flights); and  (b) for a fee payable by people using the service; and  (c) in accordance with fixed schedules to or from fixed terminals over specific routes; and  (d) that is available to the general public on a regular basis. operator, in relation to an international passenger air service, means a person who conducts, or offers to conduct, the service. passenger information, in relation to an operator of an international passenger air service, means any information the operator of the service keeps electronically relating to:  (a) flights scheduled by the operator (including information about schedules, departure and arrival terminals, and routes); and  (b) payments by people of fees relating to flights scheduled by the operator; and  (c) people taking, or proposing to take, flights scheduled by the operator; and  (d) passenger check‑in, and seating, relating to flights scheduled by the operator; and  (e) numbers of passengers taking, or proposing to take, flights scheduled by the operator; and  (f) baggage, cargo or anything else carried, or proposed to be carried, on flights scheduled by the operator and the tracking and handling of those things; and  (g) itineraries (including any information about things other than flights scheduled by the operator) for people taking, or proposing to take, flights scheduled by the operator. Note: The flights referred to are any flights scheduled by the operator (not just Australian international flights).