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).
64A Ships or aircraft arriving at certain places
(1) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, make a report within such time as is specified by the Collector and in such form as is specified by the Collector, of the ship or aircraft and of the cargo of the ship or aircraft.
Penalty: 60 penalty units.
(2) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, answer questions relating to the ship or aircraft, to its cargo, crew, passengers or stores or to its voyage or flight.
Penalty: 30 penalty units.
(3) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, produce documents relating to the matters referred to in subsection (2).
Penalty: 30 penalty units.
(3A) Subsections (1), (2) and (3) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) In this section:
relevant aircraft means an aircraft that arrives from parts beyond the seas at a place other than an airport in pursuance of permission granted under section 58.
relevant ship means a ship that arrives from parts beyond the seas at a place other than a port in pursuance of permission granted under section 58.
65 Master or pilot of wrecked ship or aircraft to report
(1) When any ship is lost or wrecked upon the coast the master or owner shall without any unnecessary delay make report of the ship and cargo by delivering to the Collector a Manifest so far as it may be possible for him or her to do so.
Penalty: 60 penalty units.
(1A) Subsection (1) does not apply to the extent that it requires the master or owner of the ship to make a report of the cargo if the master or owner has:
(a) made a cargo report in respect of the cargo; or
(b) communicated an outward manifest under section 119 in respect of the cargo.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) When any aircraft arriving from parts beyond the seas is lost or wrecked at any place within Australia, the pilot or owner shall, without any unnecessary delay, make report of the aircraft and cargo by delivering to the Collector a Manifest so far as it may be possible for him or her to do so.
Penalty: 60 penalty units.
(2A) Subsection (2) does not apply to the extent that it requires the pilot or owner of the aircraft to make a report of the cargo if the pilot or owner has:
(a) made a cargo report in respect of the cargo; or
(b) communicated an outward manifest under section 119 in respect of the cargo.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
(3) Subsections (1) and (2) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
66 Goods derelict to be delivered to officer
Whoever has any dutiable goods derelict flotsam jetsam lagan or wreck in his or her possession shall deliver the same to an officer without unnecessary delay.
Penalty: 20 penalty units.
67 Interference with derelict goods
(1) No person shall unnecessarily move alter or interfere with any goods derelict flotsam jetsam lagan or wreck.
Penalty: 20 penalty units.
(2) Subsection (1) does not apply to a person who moves, alters or interferes with the goods by authority.
Note: For by authority, see subsection 4(1).
Subdivision C—The registration, rights and obligations of special reporters
67EA Special reporters
For the purposes of section 64AB of this Act, a person or a partnership may, in accordance with this Subdivision, become a special reporter in relation to low value cargo of a particular kind.
67EB Requirements for registration as a special reporter
(1) The Comptroller‑General of Customs must not register a person as a special reporter if:
(b) the applicant does not satisfy the Comptroller‑General of Customs as mentioned in subsection (2) in relation to low value cargo of that kind; or
(c) if the applicant is applying to be registered in respect of low value cargo consigned from a particular mail‑order house—the applicant is not a party to a house agreement with that mail‑order house in force at all times during the 3 consecutive months before the making of the application; or
(d) the applicant does not have dedicated computer facilities having such specifications as are determined, in writing, by the Comptroller‑General of Customs for the purpose of this paragraph, in relation to low value cargo generally, including, in particular, specifications to ensure that the information maintained by the applicant in those facilities will not be able to be accessed or altered by unauthorised persons; or
(e) in the opinion of the Comptroller‑General of Customs:
(i) if the applicant is a natural person—the applicant is not a fit and proper person to be registered as a special reporter; or
(ii) if the applicant is a partnership—any of the partners is not a fit and proper person to be a member of a partnership registered as a special reporter; or
(iii) if the applicant is a company—any director, officer or shareholder of a company who would participate in the management of the affairs of the company is not a fit and proper person so to participate; or
(iv) an employee of the applicant who would participate in the management of the applicant’s dedicated computer facilities is not a fit and proper person so to participate; or
(v) if the applicant is a company—the company is not a fit and proper company to be registered as a special reporter.
(2) An applicant for registration as a special reporter in relation to low value cargo of a particular kind is taken to comply with this subsection if, and only if, the applicant satisfies the Comptroller‑General of Customs that:
(a) in a case of low value cargo consigned from a particular mail‑order house to consignees in Australia—the applicant is likely to make cargo reports covering at least 1,000 such consignments per month from the mail‑order house during the period of registration; or
(b) in a case of low value cargo of another prescribed kind consigned from a place outside Australia to a consignee in Australia—the applicant is likely to make cargo reports covering a number of consignments per month of that kind that is not less than the number specified in the regulations.
(3) The Comptroller‑General of Customs must, in deciding whether a person is a fit and proper person for the purposes of subparagraph (1)(e)(i), (ii), (iii) or (iv) have regard to:
(a) any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and
(b) any conviction of the person of an offence punishable by imprisonment for one year or longer:
(i) against another law of the Commonwealth; or
(ii) against a law of a State or of a Territory;
if that offence was committed within the 10 years immediately before that decision; and
(c) whether the person is an insolvent under administration; and
(d) whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:
(i) had been, or is being, wound up; or
(ii) had had its registration as a special reporter in relation to any low value cargo of any kind cancelled by the Comptroller‑General of Customs because of a breach of any condition to which the registration of the company as a special reporter was subject; and
(e) whether any misleading information or document has been furnished in relation to the person by the applicant under subsection 67EC(2), 67ED(5) or 67EK(12); and
(f) if any information or document given by or in relation to the person was false—whether the applicant knew that the information or document was false; and
(g) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision.
(4) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purpose of subparagraph (1)(e)(v), have regard to:
(a) any conviction of the company of an offence:
(i) against this Act; or
(ii) if it is punishable by a fine of $5,000 or more—against another law of the Commonwealth, or a law of a State or of a Territory;
committed:
(iii) within the 10 years immediately before that decision; and
(iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in subparagraph (1)(e)(iii) in relation to the company was such a director, officer or shareholder; and
(b) whether a receiver of the property, or part of the property, of the company has been appointed; and
(c) whether the company is under administration within the meaning of the Corporations Act 2001; and
(d) whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and
(e) whether the company is under restructuring within the meaning of that Act; and
(ea) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and
(f) whether the company is being wound up.
(5) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieves persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them).
67EC The making of an application
(1) An applicant for registration as a special reporter in respect of low value cargo of a particular kind may make an application under this subsection in relation to cargo of that kind.
(2) An application must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be accompanied by such other documentation as the form requires; and
(e) be signed in the manner indicated in the form; and
(f) be lodged as required by subsection (4).
(3) Without limiting by implication the generality of the information that may be required by the approved form, the application must indicate the premises in Australia at which the dedicated computer facilities of the applicant are located and the premises in Australia at which documents relating to information required to be stored on those facilities are or will be located.
(4) An application is taken to have been lodged with the Department when the application is first received by an officer of Customs designated by the Comptroller‑General of Customs to receive such applications.
(5) The day on which an application is taken to have been lodged must be recorded on the application.
(6) For the avoidance of doubt, it is the intention of the Parliament that a person who seeks to be registered as a special reporter:
(a) if the person seeks that registration in relation to low value cargo consigned from more than one mail‑order house—must make a separate application for such registration in relation to each such house; and
(c) if the person seeks that registration in relation to low value cargo of any other kind prescribed by the regulations—must make a separate application for such registration in relation to each prescribed kind of low value cargo.
67ED Consideration of the application
(1) If an application under section 67EC for registration as a special reporter in relation to low value cargo of a particular kind is lodged, the Comptroller‑General of Customs must, having regard:
(a) to the terms of the application; and
(b) if additional information is supplied in response to a requirement under subsection (5)—to that additional information;
decide whether or not to register the applicant in relation to low value cargo of that kind.
(2) The Comptroller‑General of Customs must make a decision within 60 days after:
(a) if paragraph (b) does not apply—the lodgment of the application; and
(b) if the Comptroller‑General of Customs requires further information to be supplied under subsection (5) and the applicant supplies the information in accordance with that subsection—the receipt of the information.
(3) If the Comptroller‑General of Customs decides to register the applicant in relation to low value cargo of the kind referred to in the application, the Comptroller‑General of Customs must register the applicant as a special reporter in respect of low value cargo of that kind and notify the applicant, in writing, of that decision specifying the day on which the registration comes into force.
(4) If the Comptroller‑General of Customs decides not to register the applicant in respect of low value cargo of that kind referred to in the application, the Comptroller‑General of Customs must notify the applicant, in writing, of that decision setting out the reasons for so deciding.
(5) If, in considering the application, the Comptroller‑General of Customs decides that he or she needs further information on any matter dealt with in the application:
(a) the Comptroller‑General of Customs may, by notice in writing to the applicant, require the applicant to provide such additional information relating to that matter as the Comptroller‑General of Customs specifies within a period specified in the notice; and
(b) unless the information is given to the Comptroller‑General of Customs within that period—the applicant is taken to have withdrawn the application.
67EE Basic conditions attaching to registration as a special reporter
(1) The registration of a special reporter is subject to:
(a) the conditions set out in this section and section 67EF; and
(b) if the special reporter is registered as a special reporter in respect of low value cargo consigned from a mail‑order house—section 67EG; and
(c) if regulations under section 67EH apply—that section.
(2) The special reporter must give the Comptroller‑General of Customs written information of any of the following matters within 30 days after the occurrence of the matter:
(a) any matter that might, if the reporter were not a special reporter but were an applicant for registration, cause paragraph 67EB(1)(e) to apply in relation to the reporter;
(b) if, after the registration, or renewal of registration, of a company as a special reporter, a person commences to participate, as a director, officer or shareholder, in the management of the affairs of the company—the fact of such commencement; and
(c) if, after the registration, or renewal of registration, of a special reporter, a person commences to participate as an employee of the special reporter in the management of the dedicated computer facilities of the special reporter—the fact of such commencement; and
(d) if the special reporter is a partnership—the fact of any change in the membership of the partnership.
(3) The special reporter must communicate such cargo reports by using dedicated computer facilities.
67EF Storage and record maintenance conditions
(1) A person who is or has been a special reporter must:
(a) store in dedicated computer facilities at notified premises all information relating to individual consignments that the reporter would, but for the reporter’s registration under section 67ED or renewal of registration under section 67EK, be required to give to the Department under section 64AB; and
(b) for 2 years after the date that an abbreviated cargo report covering a consignment is transmitted to the Department, retain at notified premises all the information stored under paragraph (a) in relation to that consignment and also all physical documents of a prescribed kind that cover or relate to that consignment.
(2) If, at any time, while a person is, or within 2 years after the person ceased to be, a special reporter in relation to low value cargo of a particular kind, the person intends to change the location of notified premises at which:
(a) all or any of the dedicated computer facilities used to store information relating to cargo of that kind are situated; or
(b) all or any documents containing information relating to cargo of that kind required to be stored in such facilities are situated;
the person must, before so doing, notify the Comptroller‑General of Customs in writing of the intention to change the premises and include particulars of the changes proposed and of the date on which those changes will take effect.
(3) The special reporter must ensure that the changed premises referred to in subsection (2) are located in Australia.