245LObligation to report on persons arriving in Australia

245L  Obligation to report on persons arriving in Australia Aircraft and ships to which section applies  (1) This section applies to an aircraft or ship of a kind to which this Division applies that is due to arrive at a place in Australia from a place outside Australia. Obligation to report on passengers and crew  (2) The operator of the aircraft or ship must, in accordance with this section:  (a) report to the Department, using the approved primary reporting system for passengers, on each passenger who will be on board the aircraft or ship at the time of its arrival at the place in Australia; and  (b) report to the Department, using the approved primary reporting system for crew, on each member of the crew who will be on board the aircraft or ship at the time of its arrival at the place in Australia. Note 1: This obligation must be complied with even if the information concerned is personal information. Note 2: Section 245N contains an offence for failure to comply with this subsection. Information to be reported  (3) A report on passengers or crew under subsection (2) must include the information relating to those passengers or crew that is specified, as mentioned in subsection 245J(3), in relation to the relevant approved primary reporting system. Deadline for reporting—aircraft  (4) A report on passengers or crew on an aircraft must be given not later than:  (a) if the flight from the last place outside Australia is likely to take not less than 3 hours—3 hours before the aircraft’s likely time of arrival at the place in Australia; or  (b) if the flight from the last place outside Australia is likely to take less than 3 hours—one hour before the aircraft’s likely time of arrival at the place in Australia. Deadline for reporting—ships  (5) A report on passengers or crew on a ship must be given not later than:  (a) the start of the prescribed period before the ship’s estimated time of arrival at the place in Australia; 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 specified in those regulations before the ship’s estimated time of arrival at the place in Australia.  (5A) Regulations made for the purposes of paragraph (5)(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. 245LA  Obligation to report on persons departing from Australia Aircraft and ships to which section applies  (1) This section applies to an aircraft or ship of a kind to which this Division applies that is due to depart from a place in Australia on a flight or voyage to a place outside Australia (whether or not after calling at other places in Australia). Obligation to report on passengers and crew  (2) The operator of the aircraft or ship must, in accordance with this section:  (a) report to the Department, using the approved primary reporting system for passengers, on each passenger who is on, or is expected to be on, the flight or voyage (including any part of the flight or voyage); and  (b) report to the Department, using the approved primary reporting system for crew, on each member of the crew who is on, or is expected to be on, the flight or voyage (including any part of the flight or voyage). Note 1: This obligation must be complied with even if the information concerned is personal information. Note 2: Section 245N contains an offence for failure to comply with this subsection.  (3) However, if:  (a) on the flight or voyage, the aircraft or ship calls at one or more places in Australia before departing to the place outside Australia; and  (b) the regulations prescribe that a report under subsection (2) must only relate to the part of the flight or voyage that is from the last place in Australia to the place outside Australia; then the report must be on each passenger or crew member who is on, or is expected to be on, that part of the flight or voyage. Information to be reported  (4) A report on a passenger or crew member under subsection (2) must include the information relating to the passenger or crew member that is specified, as mentioned in subsection 245J(3), in relation to the relevant approved primary reporting system. Deadline for providing a report  (5) A report on a passenger or crew member under subsection (2) must be provided:  (a) if the regulations prescribe a period or periods before the aircraft’s or ship’s departure from a place for the giving of a report under subsection (2) in relation to the passenger or crew member—not later than the start of that period or each of those periods; and  (b) if the regulations prescribe an event or events for the giving of a report under subsection (2) in relation to the passenger or crew member—at the time of that event or each of those events; and  (c) if the regulations prescribe a time or times for the giving of a report under subsection (2) in relation to the passenger or crew member—at that time or each of those times.  (6) To avoid doubt, more than one report may be required to be provided under subsection (2) in relation to a passenger or crew member. Note: For example, if regulations made for the purposes of subsection (5) prescribe a period of 48 hours before the aircraft’s or ship’s departure from a place on the flight or voyage and also prescribe an event of the passenger or crew member checking‑in for the flight or voyage, then 2 reports would be required to be provided under this section in relation to the passenger or crew member. 245LB  Dealing with information collected under this Division etc. Collection of personal information  (1) The Department may collect information (including personal identifiers) in a report provided under this Division. Access to, and disclosure of, personal information  (2) The following provisions:  (a) section 336D (which authorises access to identifying information);  (b) section 336E (other than subsection 336E(1)) and section 336F (which authorise disclosure of identifying information);  (c) a provision of an instrument made under section 336D or 336F; apply to personal information (other than personal identifiers) collected under this Division in the same way as they apply to identifying information. Effect on interpretation  (4) This section does not, by implication, affect the interpretation of any other provision of this Act or an instrument made under this Act.