Under sections 245L and 245LA of the Migration Act 1958 (the Act), it is the responsibility of airlines to provide advance passenger information on all passengers and crew arriving into, departing from and transiting Australia through the Advance Passenger Processing (APP) system.
Airlines failing in these requirements may be infringed AUD2100 for each missed APP report or may face prosecution under the Act. The APP Infringements manual will provide more information about infringements incurred under sections 245L and 245LA.
Before issuing an infringement notice, the Department will work with airlines to ensure due care and good faith have been exercised in processing passengers and crew through the APP system. This will include checking government and airline systems to determine what occurred at check-in.
The broad principles in the Cooperative Compliance Framework (143KB PDF) outline our intention to establish a cooperative working relationship with all carriers, providing assistance and support, to ensure that you can meet your legislative obligations.
The APP process assists airlines to meet their legal obligations under section 229 of the Act, as they are able to:
- ensure their passengers and crew hold the correct documentation needed to travel to Australia
- confirm their passengers and crew have the appropriate immigration status to enter Australia.
An airline may be infringed AUD10,000 if they allow a non-Australian citizen to travel to Australia without the correct documentation.
Under the Privacy Act 1988, the Department is required to inform travellers of its procedures for collecting, storing and using their personal information. Airlines are requested to display the following Privacy statement (485KB PDF) outlining the requirement for an airline to collect advance passenger information on behalf of the Department of Immigration and Border Protection.