(1) For subparagraph 488(2)(a)(vii) of the Act, Commonwealth, State or Territory legislation specified by the Minister in an instrument in writing for this subregulation is prescribed.
Note: Under subsection 488(1) of the Act, a person must not read, examine, reproduce, use or disclose any part of the movement records. However, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform 1 or more of those actions for the purposes of prescribed Commonwealth, State or Territory legislation.
(2) For paragraph 488(2)(g) of the Act:
(a) an agency of the Commonwealth, a State or a Territory specified by the Minister in an instrument in writing for this paragraph is prescribed; and
(b) an employee of a prescribed agency who is specified by the Minister in an instrument in writing for this paragraph is prescribed; and
(c) a purpose specified by the Minister in an instrument in writing for this paragraph is prescribed.
Note: Under subsection 488(1) of the Act, a person must not read, examine, reproduce, use or disclose any part of the movement records. However, paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform 1 or more of those actions for a prescribed purpose.
3.11 Production of deportee or removee
(1) If a person has been placed on board a vessel for the purpose of:
(a) deportation from Australia under an order made by the Minister under the Act; or
(b) removal from Australia;
an officer may require the master to produce the deportee or removee to the officer at any time before the vessel’s departure from its last port of call in Australia.
(2) The master must not fail to comply with a requirement under subregulation (1).
Penalty: 10 penalty units.
(3) Subregulation (2) does not apply if the master has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3(3) of the Criminal Code).
3.12 Offences by master of vessel
The master of a vessel must not:
(a) refuse or neglect to afford all reasonable facilities to an officer for the performance of the officer’s duties; or
(b) deliver to an officer, under these Regulations, a list or statement that is incorrect in a material particular.
Penalty: 10 penalty units.
Division 3.2—Information about passengers and crew on overseas vessels
civilian vessel means a vessel other than a vessel of the regular armed forces of a Government recognised by Australia.
international cargo ship:
(a) means a civilian vessel that:
(i) has a gross tonnage of at least 500 tons; and
(ii) either:
(A) is used wholly or principally to provide sea transportation of cargo; or
(B) is used to provide services to ships or shipping; and
(b) does not include any of the following:
(i) an international passenger cruise ship;
(ii) a fishing vessel;
(iii) a fishing support vessel;
(iv) a pleasure craft.
international passenger aircraft means an aircraft that is being used to provide a regular international passenger air service or an international passenger charter air service.
international passenger charter air service means a service of providing air transportation of persons:
(a) from:
(i) a place outside Australia to a place in Australia; or
(ii) a place in Australia to a place outside Australia; and
(b) that is provided:
(i) by an airline operator that provides a regular international passenger air service; and
(ii) in return for a fee payable by persons using the service; and
(c) that is not conducted in accordance with an international airline licence granted under Division 1 of Part 6 of the Air Navigation Regulations 1947.
international passenger cruise ship means a ship that:
(a) has sleeping facilities for at least 100 persons (other than crew members); and
(b) is being used to provide an international passenger sea transportation service.
international passenger sea transportation service means a service of providing sea transportation of persons:
(a) from:
(i) a place outside Australia to a place in Australia; or
(ii) a place in Australia to a place outside Australia; and
(b) that is provided in return for a fee payable by persons using the service; and
(c) that is available to the general public.
master includes owner, charterer, and agent in Australia.
regular international passenger air service means a service of providing air transportation of persons:
(a) from:
(i) a place outside Australia to a place in Australia; or
(ii) a place in Australia to a place outside Australia; and
(b) that is provided in return for a fee payable by persons using the service; and
(c) that is conducted in accordance with:
(i) an international airline licence granted under Division 1 of Part 6 of the Air Navigation Regulations 1947; and
(ii) fixed schedules from fixed airports outside Australia over specific routes to fixed airports in Australia; and
(d) that is available to the general public on a regular basis.
Note: Vessel includes an aircraft: see the Act, s 5(1).
3.13A Information about passengers and crew to be given before arrival and departure of certain aircraft and ships
For the definition of kind of aircraft or ship to which this Division applies in subsection 245I(1) of the Act, the following kinds of aircraft or ship are a kind of aircraft or ship to which Division 12B of the Act applies:
(a) an international passenger aircraft;
(b) an international passenger cruise ship;
(c) an international cargo ship.
Note: Division 12B of the Act deals with the reporting of persons due to arrive at, or depart from, a place in Australia.
3.13B Obligation to report on persons arriving on ships—reporting periods for journey from last port outside Australia
(1) For paragraph 245L(5)(a) of the Act, the prescribed period is 96 hours.
(2) For paragraph 245L(5)(b) of the Act, the period mentioned in an item in the following table is specified for a journey of the kind mentioned in the item.
Reporting periods for certain journeys
Item Likely duration of ship’s journey Specified period
1 72 hours or more but less than 96 hours 72 hours
2 48 hours or more but less than 72 hours 48 hours
3 24 hours or more but less than 48 hours 24 hours
4 Less than 24 hours 12 hours
3.13C Report on departing person to relate to flight or voyage from the last place in Australia to a place outside Australia
For paragraph 245LA(3)(b) of the Act, a report under subsection 245LA(2) of the Act must only relate to the part of a flight or voyage that is from the last place in Australia to a place outside Australia.
3.13D Obligation to report on persons departing from Australia—deadline for providing report
Deadline for reporting on persons departing on an international passenger aircraft
(1) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a flight to be undertaken by an international passenger aircraft must be provided:
(a) before the passenger or crew member is required to present evidence of his or her identity to a clearance authority in relation to his or her departure; or
(b) if a report on the passenger or crew member has been made under subsection 245LA(2) of the Act and after the report was made the passenger or crew member changes his or her departing flight—before the passenger or crew member boards the departing flight; or
(c) for a passenger or crew member transiting through Australia without being immigration cleared and for whom a report under subsection 245LA(2) of the Act has not been made in relation to the person’s departure from Australia—before the passenger or crew member boards the departing flight.
Deadline for reporting on persons departing on an international passenger cruise ship
(2) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a voyage to be undertaken by an international passenger cruise ship must be provided before the ship departs a place in Australia for a place outside Australia.
Deadline for reporting on persons departing on an international cargo ship
(3) For subsection 245LA(5) of the Act, a report under subsection 245LA(2) of the Act on a passenger or crew member who is on, or is expected to be on, a voyage to be undertaken by an international cargo ship must be provided before the ship departs a place in Australia for a place outside Australia.
3.14 Information about overseas passengers to be given on arrival of inbound civilian vessel
(1) If:
(a) a civilian vessel arrives at a port in Australia (in this regulation called the relevant port); and
(b) the vessel carries overseas passengers;
the master must, on the request of an officer, give the officer, to the best of the master’s knowledge and belief, the particulars set out in subregulation (2), (3) or (4), as the case requires.
Penalty: 10 penalty units.
(1A) If the officer requests the particulars be given in a particular way, the master must give the particulars in that way.
(2) If the last port entered by the vessel before its arrival at the relevant port was outside Australia, the particulars are:
(a) each passenger’s full name; and
(b) each passenger’s date of birth; and
(c) the country of issue and number of each passenger’s passport; and
(d) the citizenship of each passenger; and
(e) the intended address in Australia (if any) of each passenger; and
(f) the place in Australia (if any) at which each passenger’s journey in the vessel ends.
(3) If there are overseas passengers on the vessel whose journey is to end at the relevant port, the particulars in respect of each of those passengers are:
(a) his or her full name; and
(b) his or her date of birth; and
(c) the country of issue and number of his or her passport; and
(d) his or her citizenship; and
(e) his or her intended address in Australia.
(4) If:
(a) there are passengers on the vessel who:
(i) were on board the vessel when it left a place outside Australia; and
(ii) intend to travel in the vessel beyond Australia; and
(b) the master has not previously been asked by an officer to give particulars of those passengers;
the particulars of each of those passengers are:
(c) his or her full name; and
(d) his or her date of birth; and
(e) the country of issue and number of his or her passport; and
(f) his or her citizenship.
(5) The master must, if asked to do so by an officer, give the officer a specified number (not exceeding 6) of copies of a document containing particulars given under this regulation.
Penalty: 10 penalty units.
3.15 Medical certificate
(1) If particulars are given to an officer under subregulation 3.14(2), the medical officer of the vessel must also give the officer a certificate signed by him or her that certifies that, in his or her opinion:
(a) no passenger on the vessel; or
(b) no passenger on the vessel other than a passenger named in the certificate;
is suffering from:
(c) tuberculosis; or
(d) a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; or
(e) a disease or condition that, during the person’s proposed period of stay in Australia, would be likely to:
(i) result in a significant cost to the Australian community in the areas of health care or community services; or
(ii) prejudice the access of an Australian citizen or permanent resident to health care or community services.
(2) If a passenger is named in the certificate as suffering from a disease or condition referred to in paragraph (1)(c), (d) or (e), the certificate must also set out the disease or condition from which the passenger is suffering.
(3) If a vessel has no medical officer, the certificate must be signed and given by the master to the best of his or her knowledge and belief.
(4) The master must, if asked to do so by the officer, give the officer a specified number (not exceeding 6) of copies of the certificate.
Penalty: 10 penalty units.
3.16 Information about overseas passengers—outbound civilian vessel
(1) If:
(a) a civilian vessel leaves a port in Australia on an overseas voyage or an overseas flight; and
(b) the vessel carries overseas passengers:
(i) who were on board the vessel when it left a place outside Australia, and who intend to travel in the vessel beyond Australia; or
(ii) who joined the vessel at that port;
the master of the vessel must give an officer a list setting out, to the best of the master’s knowledge and belief, the following particulars of each of those passengers:
(c) his or her full name;
(d) his or her date of birth;
(e) the country of issue and number of his or her passport;
(f) his or her citizenship;
(g) the place where his or her journey in the vessel ends.
(2) The master must, if asked to do so by an officer, give the officer a specified number (not exceeding 6) of copies of a document containing particulars given under this regulation.
Penalty: 10 penalty units.
3.17 Information about crew
Members of crew
(1) The master of a civilian vessel that enters Australia must, at any port of call in Australia, if so requested by an officer:
(a) notify the officer of the number of members of the crew and give the officer the following particulars in respect of each member of the crew:
(i) his or her full name;
(ii) his or her date of birth;
(iii) his or her citizenship;
(iv) the country of issue and number of his or her passport; and
(b) if the vessel is a ship, produce to the officer the ship’s articles.
(1A) If the officer requests the particulars be given in a particular way, the master must give the particulars in that way.
Persons other than passengers and crew for discharge outside Australia
(2) The master of a civilian vessel that is a ship must, at the first port of call in Australia of the ship, give an officer particulars of the name and citizenship of every person on board other than:
(a) a passenger; or
(b) a member of the crew whose name appears on the ship’s articles as a member of the crew for discharge at a port outside Australia.
Penalty: 10 penalty units.
(3) If the officer requests the particulars be given in a particular way, the master must give the particulars in that way.
Division 3.3—Examination, search and detention
3.19 Periods within which evidence to be shown to officer
For subsections 188(2) and (3) of the Act, the periods are:
(a) if the requirement is oral—5 minutes; or
(b) if the requirement is in writing—48 hours.
3.20 Information to be provided—authorised officers carrying out identification tests
(1) For subsection 258B(1) of the Act, the matters are:
(a) the reason why a personal identifier is required to be provided; and
(b) how a personal identifier may be collected; and
(c) how any personal identifier that is collected may be used; and
(d) the circumstances in which a personal identifier may be disclosed to a third party; and
(e) notification that a personal identifier may be produced in evidence in a court or tribunal in relation to the person who provided the personal identifier; and
(f) notification that the Privacy Act 1988 applies to a personal identifier, and that the person has a right to make a complaint to the Australian Information Commissioner about the handling of personal information; and
(g) notification that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the person has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading; and
(h) if the person is a minor or incapable person—information concerning how a personal identifier is to be obtained from a minor or incapable person.
(2) For subsection 258B(3) of the Act, if a form is to be given to a person, it must be given to the person at a time that gives the person enough time to read and understand the form before the identification test is conducted.
3.21 Procedure and requirements—identification test not carried out
(1) For subsection 258D(2) of the Act, subregulation (2) prescribes the procedures and requirements that apply if:
(a) a person has applied for a visa; and
(b) at the time of making the application the person is outside Australia; and
(c) the person is required to provide a personal identifier under section 257A of the Act otherwise than by way of an identification test, in relation to the application.
(2) For subregulation (1), the person must be informed of the following matters:
(a) the reason why a personal identifier is required to be provided;
(b) how a personal identifier may be collected;
(c) how any personal identifier that is collected may be used;
(d) the circumstances in which a personal identifier may be disclosed to a third party;
(e) that a personal identifier may be produced in evidence in a court or tribunal in relation to the person;
(f) that the Privacy Act 1988 applies to a personal identifier, and that the person has a right to make a complaint to the Australian Information Commissioner about the handling of personal information;