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 AUD1800 for each missed APP report or may face prosecution under the Act.
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.
APP Infringements Processing fact sheet and the
APP Infringements manual provide more information about infringements incurred under sections 245L and 245LA.
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.