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Section 64ACB Customs Act 1901
Crew Reports

Section 64ACB of the Customs Act 1901 (Cth) deals with Crew Reports and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

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The Legislation

64ACB Crew reports

Obligation to report on crew

(1) The operator of a ship or aircraft that is due to arrive, from a place outside Australia, at a port or airport in Australia (whether it is the first or any subsequent port or airport of the voyage or flight) must, in accordance with this section, report to Customs on each member of the crew who will be on board the ship or aircraft at the time of its arrival at the port or airport.

Note 1: This obligation (and the obligation in subsection (8)) must be complied with even if the information concerned is personal information (as defined in the Privacy Act 1988).
Note 2: See also section 64ACC, which deals with what happens if information has already been reported to the Migration Department.
Note 3: Section 64ACD contains an offence for failure to comply with this subsection.

How report is to be given

(2) The operator may give the report by document or electronically.

Deadline for giving report

(3) The report must be made during the period within which a report under section 64 of the impending arrival of the ship or aircraft is required to be made.

(4) However, a report in respect of an aircraft must not be made before the date of departure of the aircraft from the last airport outside Australia.
Other requirements for documentary reports

(5) If the report is given by document, it must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form; and
(e) be communicated to Customs by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport at which the ship or aircraft is expected to arrive.

Other requirements for electronic reports

(6) If the report is given electronically, it must communicate such information as is set out in an approved statement.

Different forms and statements for different circumstances etc.

(7) The CEO may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (5) and (6) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.

Obligation to pass information on to Migration Department

(8) As soon as practicable after information is reported under this section, Customs must provide the information to the Department administered by the Minister who administers the Migration Act 1958.

Purpose for which information obtained

(9) Information obtained by Customs:
(a) under this section; or
(b) under subsection 245L(6) of the Migration Act 1958;
is taken to be obtained by Customs for the purposes of the administration of this Act, the Migration Act 1958, and any other law of the Commonwealth prescribed by regulations for the purposes of this subsection.

Penalty

(1) An operator of a ship or aircraft who intentionally contravenes section 64ACA or 64ACB commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

(2) An operator of a ship or aircraft who contravenes section 64ACA or 64ACB commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) An operator of an aircraft or ship commits a separate offence under subsection (1) or (2) in relation to each passenger or member of the crew in relation to whom the operator contravenes section 64ACA or 64ACB.

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