(a) may be printed on the passenger card in any order; and
(b) may be numbered in any way.
(3) The passenger card may include instructions for completing it, including instructions that questions are to be answered by ticks or other symbols.
3.03 Evidence of identity and visa for persons entering Australia (Act s 166)
(1A) For the purposes of subparagraph 166(1)(a)(i) of the Act, an image of a person’s face is prescribed as other evidence of the person’s identity and Australian citizenship.
(1) For paragraph 166(1)(b) of the Act, the information required to be provided to a clearance authority is that set out in regulation 3.02.
(2A) For the purposes of subsection 166(3) of the Act, a person who seeks to comply with subparagraph 166(1)(a)(i) of the Act by presenting an image of the person’s face must do so by presenting themselves to an authorised system.
(2) For subsection 166(3) of the Act, an Australian citizen who is required to comply with section 166 of the Act must provide a completed passenger card to a clearance officer.
(3) For subsection 166(3) of the Act, a non‑citizen who is required to comply with section 166 of the Act must:
(a) if the non‑citizen is taken to hold a special purpose visa—provide a completed passenger card to a clearance officer if required by Part 1 of Schedule 9 and present:
(i) the non‑citizen’s passport to an authorised system; or
(ii) an image of the non‑citizen’s face by presenting themselves to an authorised system; or
(iii) evidence of the non‑citizen’s identity, as specified in that Part, to a clearance officer; and
(b) if the non‑citizen is eligible to hold a special category visa:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present a New Zealand passport that is in force to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(d) if the non‑citizen holds an Electronic Travel Authority (Class UD) visa:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(e) if the non‑citizen is a person mentioned in paragraph 1223A(1)(c) of Schedule 1, as in force before 23 March 2013, who holds a Temporary Business Entry (Class UC) visa:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(ea) if the non‑citizen holds a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(f) if the non‑citizen holds a Subclass 417 (Working Holiday) or Subclass 676 (Tourist) visa granted on the basis of an Internet application:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(fa) if the non‑citizen holds a Subclass 600 (Visitor) visa granted on the basis of an Internet application:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
(g) if the non‑citizen holds a Visitor (Class TV) visa:
(i) present an image of the non‑citizen’s face by presenting themselves to an authorised system or present evidence of the non‑citizen’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer.
Note: Internet application is defined in regulation 1.03.
(4) For the purposes of subsection 166(3) of the Act, a non‑citizen who is required to comply with section 166 of the Act (other than a non‑citizen mentioned in subregulation (3)) must:
(a) present:
(i) an image of the non‑citizen’s face by presenting themselves to an authorised system; or
(ii) the non‑citizen’s passport to a clearance authority; and
(b) if the non‑citizen’s visa is evidenced by a label and a clearance officer asks for the label to be shown—present the label to a clearance officer; and
(c) provide a completed passenger card to a clearance officer.
(5) In this regulation:
authorised system means an automated system that is an authorised system for the purposes of section 166 of the Act.
3.03AA Evidence of identity and providing information—non‑military ships (Act s 166)
(1) This regulation applies to a person who is the holder of a Maritime Crew (Temporary) (Class ZM) visa.
Note: This regulation does not apply to holders of a Subclass 988 (Maritime Crew) visa who are petroleum export tanker crew members: see item 12 of Part 2 of Schedule 9.
(2) For paragraph 166(1)(b) of the Act, the information is as much of the information in the table as is required by a clearance officer:
Item Information
If the person arrives in Australia on a non‑military ship
101 a document that identifies the person as being a member of the crew of the non‑military ship on which the person arrived (for example, a contract of employment, a crew list, a supernumerary crew list or a seafarer identity card)
102 a document that indicates that the person is a member of the family unit of a member of the crew of a non‑military ship (for example, a marriage certificate, a birth certificate or an adoption certificate)
104 a statement from the master, owner, agent, charterer or operator of a non‑military ship that the person is:(a) a member of the crew of the non‑military ship; or(b) a member of the family unit of a member of the crew of the non‑military ship; or(c) a member of the family unit of a person who is under an offer to become a member of the crew of the non‑military ship
105 any information mentioned in subregulation 3.01(4)
If the person arrives in Australia by air
201 a document that indicates the person is under an offer to become a member of the crew of a non‑military ship (a prospective member of the crew)
202 a document that indicates that the person is a member of the family unit of:(a) a member of the crew of a non‑military ship; or(b) a prospective member of the crew;(for example, a marriage certificate, a birth certificate or an adoption certificate)
204 a statement from the master, owner, agent, charterer or operator of a non‑military ship that the person is:(a) a prospective member of the crew; or(b) a member of the family unit of a member of the crew of the non‑military ship; or(c) a member of the family unit of a person who is a prospective member of the crew
205 any information mentioned in subregulation 3.01(4)
(3) For subsection 166(3) of the Act, if the person enters Australia as:
(a) a member of the crew on a non‑military ship; or
(b) a member of the family unit of a member of the crew of a non‑military ship;
the requirements relating to passenger cards in subregulations 3.03(3) and (4) do not apply in relation to the person.
3.03AB Exemption from requirements to complete a passenger card where Australia Travel Declaration provided
(1) The requirements relating to completing or providing a passenger card in these Regulations do not apply to a person who is arriving in Australia if:
(a) the person has submitted an Australia Travel Declaration; and
(aa) the person has received an electronic message, generated by the departmental system that processes such declarations, showing that the person has submitted that declaration; and
(ab) if requested by a clearance officer, the person:
(i) presents the electronic message to the clearance officer; and
(ii) confirms to the clearance officer that the information provided in the Australia Travel Declaration is correct; and
(b) before an event referred to in subparagraph 172(1)(a)(iii) or (b)(iii) of the Act occurs:
(i) the person has not withdrawn the Australia Travel Declaration; and
(ii) a clearance officer does not require the person to provide a completed passenger card under subregulation (2).
(2) A clearance officer may require the person to provide a completed passenger card if circumstances specified in an instrument under subregulation (3) exist.
(3) The Minister may, by legislative instrument, specify a matter for the purposes of subregulation (2).
3.04 Place and time for giving evidence (Act, s 167)
For the purposes of subsection 167(2) of the Act (which deals with the time and place at which a person who enters Australia must comply with section 166):
(a) the place at which a person who is required to comply with section 166 must do so is:
(i) a regional or area office of Immigration; or
(ii) at any place where there is a clearance officer, including a port; and
(b) the period within which the person must do so is 2 working days after he or she enters Australia.
3.05 Allowed inhabitants of the Protected Zone (Act, s 168(2))
For the purposes of subsection 168(2) of the Act (which deals with compliance with section 166 by allowed inhabitants of the Protected Zone):
(a) the place at which an allowed inhabitant of the Protected Zone who is required to comply with section 166 must do so is:
(i) a regional or area office of Immigration; or
(ii) at any place where there is a clearance officer, including a port; and
(b) the period within which the inhabitant must do so is 5 working days after he or she goes to a part of the migration zone outside the protected area.
3.06 Persons not required to comply with s 166 of the Act (Act, s 168(3))
For the purposes of subsection 168(3) of the Act (which deals with the classes of person not required to give information under section 166), each class of person set out in Part 2 of Schedule 9 is prescribed.
3.06A Designated foreign dignitaries
(1) For item 10 of Part 2 of Schedule 9 (which deals with persons not required to comply with section 166 of the Act), a person is a designated foreign dignitary if:
(a) the Minister specifies the person in an instrument in writing for this paragraph; or
(b) the person is included in a class of persons specified by the Minister in an instrument in writing for this paragraph.
(2) The Minister must specify a person or a class in accordance with arrangements approved in writing by the Minister.
(3) If the person is specified in an instrument for paragraph (1)(a), the period in which the person is a designated foreign dignitary:
(a) starts when the Minister specifies the person; and
(b) ends at the time, or in the way, mentioned in the instrument.
(4) If the person is included in a class of persons specified in an instrument for paragraph (1)(b), the period in which the person is a designated foreign dignitary:
(a) starts when the person becomes a member of the class; and
(b) ends at the time, or in the way, mentioned in the instrument.
(5) For item 10 of Part 2 of Schedule 9, a person is a designated foreign dignitary if the person is an accompanying member of the immediate family of a person who is a designated foreign dignitary in accordance with subregulation (1).
Note: Regulation 1.12AA explains when a person is a member of the immediate family of another person.
(6) An instrument made under paragraph (1)(a) or (b) is not a legislative instrument.
Note: The effect of section 168 of the Act, regulation 3.06 and Part 2 of Schedule 9 to these Regulations is that a designated foreign dignitary is not required to comply with the requirements of section 166 of the Act relating to the giving of information.
3.07 Persons taken not to leave Australia (Act, s 80(c))
For the purposes of paragraph 80(c) of the Act, the prescribed period is 30 days.
3.08 Offence—failure to complete a passenger card
(1) A person who is required by these Regulations to complete a passenger card must not fail to do so.
Penalty: 10 penalty units.
(2) Strict liability applies to subregulation (1).
3.09 Evidence of identity—domestic travel on overseas vessels
(1) In this regulation:
authorised system means an automated system that is an authorised system for the purposes of section 170 of the Act.
boarding pass means a document that permits a person to board an aircraft, given to the person by the operator of the aircraft.
officer includes a clearance officer.
overseas vessel has the meaning given by section 165 of the Act.
Note: Vessel includes an aircraft: see s 5(1) of the Act.
(2) For the purposes of paragraph 170(1)(a) of the Act, each of the following is prescribed as evidence of a person’s identity:
(a) an image of the person’s face;
(b) a passport issued to the person that is in force and bears a photograph and the full name of the person;
(c) a licence to drive a motor vehicle issued to the person under a law of the Commonwealth, or a State or Territory, that is in force and bears a photograph and the full name of the person;
(d) a document issued to the person by:
(i) the Commonwealth or a State or Territory; or
(ii) a Commonwealth, State or Territory authority;
that is in force and bears a photograph and the full name of the person;
(e) if the person travels, or appears to intend to travel, on an overseas vessel that is an aircraft—a valid aviation security identification card (within the meaning of the Aviation Transport Security Regulations 2005) that:
(i) was issued to the person by the operator of the aircraft or the operator of an airport in Australia; and
(ii) is in force and bears a photograph and the full name of the person.
(3) For the purposes of subsection 170(2) of the Act, a person who seeks to comply with paragraph 170(1)(a) of the Act by presenting an image of the person’s face must do so by presenting themselves to an authorised system.
(4) If a person to whom this regulation applies is boarding or disembarking from an overseas vessel that is an aircraft, an officer may require the person to show the officer the person’s boarding pass.
(5) An officer may require a person who is travelling with a person:
(a) who is under 18; and
(b) in respect of whom a document cannot be produced to the officer as required;
to write on the boarding pass issued to the first‑mentioned person the full name of the second‑mentioned person.
3.10 Use of information
(1) With the written consent of the Minister, use may be made of information collected under this Part in respect of persons, being information that:
(a) is collected from passenger cards or passports, or contained in notified data bases (or both), by an officer of any Department or authority of the Commonwealth, or of a State or Territory; and
(b) is concerned with any of the following matters, namely law enforcement, national security, national intelligence, education, health, community services, social welfare, employment, labour, taxation, statistics, quarantine, customs, excise.
(2) The consent of the Minister for the use of information concerned with a matter specified in subregulation (1) may be given in respect of a particular occasion or any number of occasions.
(3) If:
(a) the Commonwealth has entered into an agreement with another country in relation to the provision of information concerning international movements of air traffic and persons on international flights; and
(b) the Minister is satisfied that the provision to that country of the information specified in subregulation (4) would facilitate the handling of aircraft or of persons travelling to destinations outside Australia;
the Minister may cause that information to be provided to the immigration authorities of that country.
(3A) If:
(a) the Commonwealth has entered into an agreement with an international air carrier in relation to the provision of information concerning persons on international flights; and
(b) the Minister is satisfied that the provision to that international air carrier of the information specified in subregulation (4) would facilitate the handling of persons travelling to destinations outside Australia;
the Minister may cause that information to be provided to that international air carrier.
(4) For paragraph (3)(b), in relation to a person travelling to (or to and beyond) the country mentioned in that paragraph, and for paragraph (3A)(b), in relation to a person travelling with the international air carrier mentioned in that paragraph, the following information is specified:
(a) name;
(b) date of birth;
(c) citizenship;
(ca) sex;
(cb) class and subclass of visa;
(cc) when the visa ceases to be in effect;
(d) passport number;
(e) date of departure from Australia;
(f) flight number;
(g) place of intended disembarkation;
(h) ultimate destination.
Note: Under the Act, a visa is an Australian visa issued in accordance with the Act.
(5) If the Commonwealth enters into an agreement of a kind referred to in paragraph (3)(a) or (3A)(a):
(a) the Minister must, as soon as is practicable, cause notice of the fact to be published in the Gazette; and
(b) information must not be made available under the agreement earlier than the day after the day on which the notice is published.