Infringement Notices
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Infringement notices may be issued to airlines for bringing improperly documented passengers to Australia. This infringement regime is separate to the trial APP Infringement Regime System (AIRS).
Why infringement notices are issued
Under Australian law, international carriers entering Australia from overseas must comply with certain obligations in relation to their vessels and persons on board their vessels. It is the responsibility of the carrier to ensure that a passenger is properly authorised to travel to Australia.
Where a carrier brings an inadequately documented passenger or an undocumented passenger to Australia, they may be liable, upon conviction, to a fine of $10,000. As an alternative to prosecution, carriers may elect to pay a prescribed penalty of $5,000 for an offence (an infringement notice).
The department maintains this policy to deter carriers from failing to confirm passengers' immigration status before they board a plane to come to Australia . Any such oversight on the part of a carrier has scope to seriously compromise Australia’s border security.
The infringement regime is a key component of a range of initiatives undertaken by the department to promote Australia’s border integrity.
Assisting airlines to avoid infringement notices
Airlines have been provided with systems such as the Advance Passenger Processing System (APP) to assist airlines in checking that all passengers hold the appropriate authority to travel to Australia. The introduction of APP has seen a significant decline in the number of infringement notices issued to airlines on an annual basis.
The Entry Operations Centre provides a 24 hour, 7 days a week help desk facility and is able to provide airline staff with information about the immigration status of individuals intending to travel to Australia.
Australian Airline Liaison Officers (ALOs) are strategically located at key hub international airports with direct flights to Australia and/or last ports of embarkation to assist airlines in resolving issues with incorrectly documented passengers intending to travel to Australia.
These initiatives have contributed to a significant decrease in infringement notices issued over recent years, from around 4500 notices issued in 2000-01 to around 870 notices issued in 2005-06.
When a notice is issued
Department officers therefore apply the infringement rule strictly in relation to airlines who fail to ensure that a passenger is properly documented.
In determining whether an infringement notice should be served, departmental airport staff require evidence that the airline has acted with due care and in good faith when allowing the passenger to board. This includes examining departmental systems to determine what has occurred at check-in in regards to checks conducted by the airline, for example APP checks.
Infringement notices served on airlines may be withdrawn by a delegated officer if it is established that the carrier, acting with due care and in good faith, had reason to believe that the passenger was adequately documented.