# Obligation to report on persons departing from Australia

> act-s245LA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245LA Obligation to report on persons departing from Australia

               Aircraft and ships to which section applies
          (1) This section applies to an aircraft or ship of a kind to which this
              Division applies that is due to depart from a place in Australia on a
              flight or voyage to a place outside Australia (whether or not after
              calling at other places in Australia).

               Obligation to report on passengers and crew
          (2) The operator of the aircraft or ship must, in accordance with this
              section:
                (a) report to the Department, using the approved primary
                    reporting system for passengers, on each passenger who is
                    on, or is expected to be on, the flight or voyage (including
                    any part of the flight or voyage); and
                (b) report to the Department, using the approved primary
                    reporting system for crew, on each member of the crew who
                    is on, or is expected to be on, the flight or voyage (including
                    any part of the flight or voyage).










               Note 1:      This obligation must be complied with even if the information
                            concerned is personal information.
               Note 2:      Section 245N contains an offence for failure to comply with this
                            subsection.

          (3) However, if:
                (a) on the flight or voyage, the aircraft or ship calls at one or
                    more places in Australia before departing to the place outside
                    Australia; and
                (b) the regulations prescribe that a report under subsection (2)
                    must only relate to the part of the flight or voyage that is
                    from the last place in Australia to the place outside Australia;
              then the report must be on each passenger or crew member who is
              on, or is expected to be on, that part of the flight or voyage.

               Information to be reported
          (4) A report on a passenger or crew member under subsection (2) must
              include the information relating to the passenger or crew member
              that is specified, as mentioned in subsection 245J(3), in relation to
              the relevant approved primary reporting system.

               Deadline for providing a report
          (5) A report on a passenger or crew member under subsection (2) must
              be provided:
               (a) if the regulations prescribe a period or periods before the
                    aircraft’s or ship’s departure from a place for the giving of a
                    report under subsection (2) in relation to the passenger or
                    crew member—not later than the start of that period or each
                    of those periods; and
               (b) if the regulations prescribe an event or events for the giving
                    of a report under subsection (2) in relation to the passenger or
                    crew member—at the time of that event or each of those
                    events; and
               (c) if the regulations prescribe a time or times for the giving of a
                    report under subsection (2) in relation to the passenger or
                    crew member—at that time or each of those times.









          (6) To avoid doubt, more than one report may be required to be
              provided under subsection (2) in relation to a passenger or crew
              member.
               Note:      For example, if regulations made for the purposes of subsection (5)
                          prescribe a period of 48 hours before the aircraft’s or ship’s departure
                          from a place on the flight or voyage and also prescribe an event of the
                          passenger or crew member checking-in for the flight or voyage, then 2
                          reports would be required to be provided under this section in relation
                          to the passenger or crew member.