Migration Amendment (Offshore Resources Activity) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00624

 
Migration Amendment (Offshore Resources Activity) Regulation 2014
 
Select Legislative Instrument No. 64, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 29 May 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Scott Morrison
Minister for Immigration and Border Protection
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Migration Regulations 1994                                                                                     2
 
1  Name of regulation
                   This regulation is the Migration Amendment (Offshore Resources Activity) Regulation 2014.
2  Commencement
                   This regulation commences on the commencement of Schedule 1 to the Migration Amendment (Offshore Resources Activity) Act 2013.
3  Authority
                   This regulation is made under the Migration Act 1958.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Migration Regulations 1994
1  Regulation 1.03 (sub‑subparagraph (b)(ii)(B) of the definition of non‑military ship)
Repeal the sub‑subparagraph, substitute:
                                        (B)  is not registered in the Australian International Shipping Register;
                            unless a person on board the ship is participating in, or supporting, an offshore resources activity in relation to the area in which the ship is located.
2  Regulation 1.03
Insert:
offshore resources activity has the meaning given by section 9A of the Act.
3  After subregulation 2.05(3)
Insert:
          (3A)  For paragraph 41(2B)(b) of the Act, the following visas are prescribed:
                     (a)  a Subclass 988 (Maritime Crew) visa;
                     (b)  a Subclass 400 (Temporary Work (Short Stay Activity)) visa;
                     (c)  a Subclass 457 (Temporary Work (Skilled)) visa.
4  After regulation 2.06AAA
Insert:
2.06AAB  Entry to Australia—persons entering to participate in, or support, offshore resource activities
                   For paragraphs 43(1)(c) and (1A)(b) of the Act, the following reason is prescribed:
                     (a)  the visa held by the visa holder is:
                              (i)  a permanent visa; or
                             (ii)  a Subclass 988 (Maritime Crew) visa; or
                            (iii)  a Subclass 400 (Temporary Work (Short Stay Activity)) visa; or
                            (iv)  a Subclass 457 (Temporary Work (Skilled)) visa; and
                     (b)  the holder is taken to travel to and enter Australia because of subsection 9A(3) of the Act.
Note 1:       Paragraph 43(1)(c) of the Act provides that if the holder of a visa that is in effect travels to Australia on a vessel, and a prescribed reason makes it necessary to enter Australia in a way other than at a port, or on a pre‑cleared flight, the visa is permission for the holder to enter Australia in that other way.
Note 2:       Paragraph 43(1A)(b) of the Act provides that if the holder of a maritime crew visa that is in effect travels to Australia on a vessel, and a prescribed reason makes it necessary to enter Australia in a way other than at a prescribed port, the visa is permission for the holder to enter Australia in that other way.
5  At the end of subregulation 3.03AA(1)
Add:
Note:          For holders of Subclass 988 (Maritime Crew) visas who are in an area to participate in, or to support, an offshore resource activity, see item 11 of Part 2 of Schedule 9.
6  Clause 988.512 of Schedule 2 (cell at table item 2, column headed “Circumstances”)
Repeal the cell, substitute:
 
Each of the following applies:
(a) the holder has entered Australia;
(b) the holder is not in an area to participate in, or to support, an offshore resources activity in relation to the area;
(c) the non‑military ship in relation to which the holder is:
(i) a member of the crew; or
(ii) the spouse, de facto partner or a dependent child of a member of the crew;
      has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act but is not registered in the Australian International Shipping Register;
(d) the holder has not signed on to another non‑military ship as a member of the crew, or as the spouse, de facto partner or a dependent child of a member of the crew before the latest of the following:
(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption or the person was taken to leave Australia—the end of that longer period;
(iii) if the person was taken to be in the migration zone because of subsection 9A(1) of the Act—5 days after the day on which the holder was taken to leave Australia because of paragraph 9A(3)(d) of the Act;
(e) the person has not departed Australia before the latest of the following:
(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption or the person was taken to leave Australia—the end of that longer period;
(iii) if the person was taken to be in the migration zone because of subsection 9A(1) of the Act—5 days after the day on which the holder is taken to leave Australia because of paragraph 9A(3)(d) of the Act;
(iv) if the holder holds another visa that is in effect—the day on which that other visa ceases
7  Clause 988.512 of Schedule 2 (cell at table item 2A, column headed “Circumstances”)
Repeal the cell, substitute:
 
Each of the following applies:
(a) the holder has entered Australia;
(b) the holder is not in an area to participate in, or to support, an offshore resources activity in relation to the area;
(c) the non‑military ship in relation to which the holder is:
(i) a member of the crew; or
(ii) the spouse, de facto partner or a dependent child of a member of the crew;
      has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act;
(d) the non‑military ship was registered in the Australian International Shipping Register when the ship was imported or entered for home consumption;
(e) the non‑military ship ceases to be registered in that Register;
(f) the holder has not signed on to another non‑military ship as a member of the crew, or as the spouse, de facto partner or a dependent child of a member of the crew, before the latest of the following:
(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption or the person was taken to leave Australia—the end of that longer period;
(iii) if the person was taken to be in the migration zone because of subsection 9A(1) of the Act—5 days after the day on which the holder is taken to leave Australia because of paragraph 9A(3)(d) of the Act;
(g) the person has not departed Australia before the latest of the following:
(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship ceases to be registered in that Register or the person was taken to leave Australia—the end of that longer period;
(iii) if the person was taken to be in the migration zone because of subsection 9A(1) of the Act—5 days after the day on which the holder is taken to leave Australia because of paragraph 9A(3)(d) of the Act;
(iv) if the holder holds another visa that is in effect—the day on which that other visa ceases
8  At the end of Part 2 of Schedule 9 (after the note)
Add:
11               A person:
                     (a)  who is an Australian citizen, or holds one of the following types of visa that is in effect:
                              (i)  a permanent visa;
                             (ii)  a Subclass 988 (Maritime Crew) visa;
                            (iii)  a Subclass 400 (Temporary Work (Short Stay Activity)) visa;
                            (iv)  a Subclass 457 (Temporary Work (Skilled)) visa; and
                     (b)  who is taken to enter Australia because of paragraph 9A(3)(c) of the Act; and
                     (c)  whose entry has been reported in writing to Immigration
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