Migration Amendment Regulation 2012 (No. 4)

Link to law: https://www.comlaw.gov.au/Details/F2012L01438

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Migration Amendment Regulation 2012 (No. 4)1
Select Legislative Instrument 2012 No. 133
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.
Dated 28 June 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS BOWEN
Minister for Immigration and Citizenship
1              Name of regulation
                This regulation is the Migration Amendment Regulation 2012 (No. 4).
2              Commencement
                This regulation commences on 1 July 2012.
3              Amendment of Migration Regulations 1994
                Schedule 1 amends the Migration Regulations 1994.
Schedule 1        Amendments
(section 3)
 
[1]           Regulation 1.03
insert
Australian International Shipping Register means the Register established by subsection 56 (2) of the Shipping Registration Act 1981.
[2]           Regulation 1.03, definition of non-military ship
substitute
non-military ship:
                (a)    means a ship:
                          (i)    that is engaged in:
                                   (A)     commercial trade; or
                                   (B)     the carriage of passengers for reward; or
                         (ii)    that is owned and operated by a foreign government for the purposes of scientific research; or
                        (iii)    that has been accorded public vessel status by Foreign Affairs; or
                        (iv)    that:
                                   (A)     has been imported under section 49A of the Customs Act 1901; and
                                   (B)     is registered in the Australian International Shipping Register; or
                         (v)    that:
                                   (A)     has been entered for home consumption under section 71A of that Act; and
                                   (B)     is registered in the Australian International Shipping Register; and
               (b)    does not include a ship:
                          (i)    that:
                                   (A)     has been imported under section 49A of the Customs Act 1901; and
                                   (B)     is not registered in the Australian International Shipping Register; or
                         (ii)    that:
                                   (A)     has been entered for home consumption under section 71A of that Act; and
                                   (B)     is not registered in the Australian International Shipping Register.
[3]           Schedule 2, clause 988.512, table, item 2, paragraph (b)
omit
71A of that Act
insert
section 71A of that Act but is not registered in the Australian International Shipping Register
[4]           Schedule 2, clause 988.512, table, after item 2
insert
2A
Each of the following applies:
(a)  the holder has entered Australia;
(b)  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;
(c)  the non-military ship was registered in the Australian International Shipping Register when the ship was imported or entered for home consumption;
(d)  the non-military ship ceases to be registered in that Register;
The end of the day or the longest period worked out under paragraph (e) or (f) in column 2

 
(e)  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 end of the longer of the following periods that applies to the person:
 

 
         (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—that longer period;
 

 
(f)  the person has not departed Australia before the end of the longest of the following periods that applies to the person:
         (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—that longer period;
       (iii)   if the holder holds another visa that is in effect—the day on which that other visa ceases
 

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.