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http://www.immi.gov.au/legislation/amendments/#feb15-09
Amendments in relation to special purpose visas, reporting deadlines for ships, and round trip cruises
15 February 2009 Legislation Change
Client summary
The Migration Legislation Amendment Act (No. 1) 2008 (‘Amendment Act’) received Royal Assent on 15 September 2008. From 15 February 2009, items 1, 2, 3, 12, 13, 14, 15, 18, 19 and 20 of Schedule 2 to the Amendment Act will commence by Proclamation.
The items make a range of amendments to strengthen and improve the border protection provisions in the Migration Act 1958 (the ‘Act’) including measures to:
* clarify when a special purpose visa ceases;
* clarify that the obligation for operators of aircraft and ships to report applies in relation to each passenger and crew member;
* replace the set time frames in the Act for reporting on passengers and crew of ships with a power to prescribe time frames in the Migration Regulations 1994;
and
* make persons on board international passenger cruise ships travelling on round trip cruises subject to immigration clearance on their return to Australia, unless the Minister or Secretary exempts the persons by determination in writing.
Affected legislation
The following provisions of the Migration Act are amended:
Subsection 33(5);
Subparagraphs 33(5)(a)(i) and (ii);
Subparagraphs 33(5)(b)(i) to (iv);
Paragraphs 245L(2)(a) and (b);
Subsection 245L(5); and
Section 169
Additional information: None.
Application of the new provisions:
The amendments made by items 1, 2 and 3 of Schedule 2 to the Amendment Act apply to special purpose visas on or after 15 February 2009.
The amendments made by items 12 and 13 of Schedule 2 to the Amendment Act apply in relation to a ship or aircraft’s journey from the last port outside Australia begun on or after 15 February 2009.
The amendment made by item 14 of Schedule 2 to the Amendment Act applies in relation to a ship’s journey from the last port outside Australia begun on or after 15 February 2009.
The amendment made by item 15 of Schedule 2 to the Amendment Act describes the application of items 12, 13 and 14 of Schedule 2.
The amendments made by items 18 and 19 of Schedule 2 to the Amendment Act apply in relation to persons who go outside the migration zone on or after 15 February 2009.
The amendment made by item 20 of Schedule 2 to the Amendment Act describes the application of items 18 and 19 of Schedule 2.
Forms: None.
Instructions: PAM3 has been amended to reflect these legislative changes.
And
Amendments to the Migration Regulations 1994 in relation to time frames for reporting on passengers and crew members on ships due to arrive in Australia
15 February 2009 Legislation Change
Client summary
From 15 February 2009, the Migration Regulations 1994 (the ‘Regulations’) are amended to prescribe the time frames for reporting on passengers and crew members who are on board ships due to arrive in Australia. The amendment aligns the reporting time frames with those contained in the Customs Regulations 1926.
Affected legislation
The following provision of the Regulations is inserted:
Regulation 3.13D
Additional information:
The Migration Legislation Amendment Act (No.1) 2008 amended subsection 245L(5) of the Migration Act 1958 (the ‘Act’), and inserted subsection 245L(5A) of the Act, to provide that:
* the Regulations may prescribe the time frames for reporting on passengers and crew who are on board ships due to arrive in Australia;
and
* the Regulations may prescribe matters of a transitional nature arising out of the making of regulations for the purposes of paragraph 245L(5)(b) of the Act.
The amendments to subsection 245L(5) and the insertion of 245L(5A) contained in items 14 and 15 of Schedule 2 to the Migration Legislation Amendment Act (No.1) 2008 will commence by proclamation on 15 February 2009.
Application of the new provisions:
The amendments provide that in relation to a ship which begins a journey from the last port outside Australia before 15 February 2009 and arrives at a port in Australia on or after that date, the deadline for reporting on each passenger and crew member on the ship is to be determined in accordance with section 245L of the Act as in force immediately before 15 February 2009, and not in accordance with new subregulations 3.13D(2) and (3). The amendments in subregulations 3.12D(2) and (3) prescribe the specified periods for reporting on passengers and crew members on ships which begin a journey from the last port outside Australia on or after 15 February 2009.
Forms: None.
Instructions: PAM3 will be amended to reflect these changes. |
发表于 13-2-2009 17:04:39
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发表于 13-2-2009 18:52:00
