Obligations and Liabilities
The table below summarises the obligations and liabilities that may apply to the master, owner, agent, charterer or operator of a vessel under the Migration Act 1958.
| Obligation | Liability |
|---|---|
To ensure all crew, partners and dependant children of crew members, and passengers have the appropriate documentation and visa to enter Australia. |
The master, owner, agent, charterer and operator of a vessel who brings an undocumented or inadequately documented foreign national into Australia, are each guilty of an offence against Section 229 of the Migration Act 1958. Penalty: AUD 5,000 per crew person |
To report stowaways/concealed persons as soon as the vessel arrives in the Australian migration zone and to prevent the person from leaving the vessel. |
The master, owner, agent, charterer and operator of a vessel who fails to report an unlawful non-citizen concealed on a vessel when it arrives in the Australian migration zone, or who allows the non-citizen to leave the vessel without permission from a Customs or DIAC officer, are each guilty of an offence against Section 230 of the Migration Act 1958. Penalty: AUD 10,000 |
To report all absent crewmembers (including those crewmembers given permission to leave the vessel). |
The master of a vessel who fails to report an absent crewmember is guilty of an offence against Section 228 of the Migration Act 1958. Penalty: AUD 4,000 |
To muster the vessel's crew at the request of a Customs or DIAC officer, and have crewmembers produce their identity documents for inspection. |
The master of a vessel who fails to muster the vessel's crew or have the crewmembers produce their identity documents for inspection, is guilty of an offence against Section 225 of the Migration Act 1958. Penalty: AUD 4,000 |
To provide crew and/or passenger reports which list all persons on the vessel, including the required details. |
The master, owner, agent, charterer and operator of a vessel who fails to provide crew and/or passenger reports that list all persons onboard the vessel and their required details is guilty of an offence against Section 231 of the Migration Act 1958. Penalty: AUD 10,000 |
To enable a Customs or DIAC officer to board and search the vessel. |
The master of a vessel should do all things reasonably required by a Customs or DIAC officer to facilitate the boarding and searching of the vessel. Failure to do this is an offence against Section 245 of the Migration Act 1958. Penalty: AUD 10,000 |
To prevent an unlawful non-citizen to be removed from a vessel for the purposes of removal or deportation from Australia. |
The master, owner, agent, charterer and operator of the vessel who prevent an unlawful non-citizen from being taken from the vessel are guilty of an offence against Section 232 of the Migration Act 1958. Penalty: AUD 11,000 |
To remove, within 72 hours, an unlawful non-citizen who has been placed onboard a vessel for the purposes of removal or deportation (unless permission for a greater period is given). |
The master, owner, agent, charterer and operator of the vessel who fails to transport a person from Australia within 72 hours after being given notice to do so, are guilty of an offence against Section 217 of the Migration Act 1958. Penalty: AUD 11,000 |
| In the event of prosecution of a corporation, penalties of up to AUD 11,000 apply. | |