7A. Special provisions relating to Advance Passenger Information
(1) In this section and the rules thereto, unless the context indicates otherwise-
Category: Section 7A (Customs Act) – Special provisions relating to Advance Passenger Information
“Advance Passenger Information” definition of section 7A of Customs Act
“Advance Passenger Information” means an electronic message, including any updated or revised version thereof, transmitted to the Commissioner by an operator within the periods and containing the particulars the Commissioner may prescribe by rule;
“Airline” definition of section 7A of Customs Act
“airline” means any air transport enterprise offering or operating an international air passenger service to and from the Republic;
“Operator” definition of section 7A of Customs Act
“operator” means the person having the management of an aircraft at any time, and includes any airline or the person who owns or hires such aircraft or in whose name the aircraft is registered in terms of the regulations made under the Aviation Act, 1962 (Act No. 74 of 1962);
“Operator system information” definition of section 7A of Customs Act
“operator system information” means any information an operator keeps electronically relating to-
(a) any flights scheduled by the operator (including information about schedules, aircraft arrival and departure terminals and routes);
(b) persons taking, or proposing to take, any flights scheduled by the operator;
(c) baggage, cargo or anything else carried, or proposed to be carried, on any flights scheduled by the operator and the tracking and handling of those things;
“Passenger” definition of section 7A of Customs Act
“passenger” means a person arriving on an aircraft from a place outside the Republic or departing on an aircraft to a place outside the Republic and includes, unless the context otherwise indicates, a crew member.
Subparagraphs (2) to (8) of section 7A of Customs Act
(2) The operator of any aircraft referred to in section 7(1) or (3) shall transmit electronically Advance Passenger Information which may be used by the Commissioner for the purposes of-
(a) facilitating the processing of passengers arriving or departing on such aircraft;
(b) preventing, detecting, investigating or punishing any offences committed under this Act or any other law by such passengers;
(c) facilitating any border security measures at an international airport; or
(d) protecting the health and safety of passengers and members of the public.
(3) Any Advance Passenger Information shall be subject to compliance with section 101B.
(4) The operator shall communicate Advance Passenger Information within the periods the Commissioner may prescribe by rule.
(5)
(a) An operator of an aircraft contemplated in subsection (2), may apply to the Commissioner for an extension regarding the obligation to communicate electronically Advance Passenger Information to the Commissioner if-
(i) such an application is delivered to the Commissioner-
(aa) within a period of one month from the date this section comes into operation; or
(bb) if the first flight to or from the Republic is after that date, within one month from the date of such flight;
(ii) the operator shows good cause as to why the extension is necessary;
(iii) the operator demonstrates when he or she will be able to comply with this section; and
(iv) the operator complies with such conditions and interim measures as the Commissioner may impose.
(b) An operator who has been granted an extension as contemplated in paragraph (a), shall provide officers with ongoing access to that operator’s operator system information for the duration of the extension.
(6) Nothing in this section-
(a) affects any existing obligation imposed under this Act on a person to report or declare the arrival or departure of an aircraft (whether scheduled or actual) and any goods carried on, or passengers travelling on, such an aircraft;
(b) limits or alters any of the powers conferred on officers under this Act.
(7) Any person who-
(a) is required by this section to submit and fails to submit Advance Passenger Information in respect of a flight or a passenger on that flight;
(b) dishonestly or fraudulently prepares, transmits or alters any Advance Passenger Information; or
(c) is a passenger and furnishes passenger information which he or she knows is false in a material respect,
shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
(8) The Commissioner may make rules-
(a) as to all matters required or permitted by this section to be prescribed by rule;
(b) in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.
[Section 7A inserted by section 27 of act 61 of 2008]