Migration Amendment Regulations 2009 (No. 1) (Australia)

Migration Amendment Regulations 2009 (No. 1)

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Migration Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 7
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 5 February 2009
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
                        1     Name of Regulations                                                        2
                        2     Commencement                                                              2
                        3     Amendment of Migration Regulations 1994 — Schedule 1   2
                        4     Amendment of Migration Regulations 1994 — Schedule 2   2
Schedule 1             Amendment commencing on 15 February 2009            4
Schedule 2             Amendments commencing on 15 March 2009               6

Do not delete : Part Placeholder
Do not delete : Division Placeholder
1              Name of Regulations
                These Regulations are the Migration Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence as follows:
                 (a)     on 15 February 2009 — regulations 1 to 3 and Schedule 1;
                (b)     on 15 March 2009 — regulation 4 and Schedule 2.
3              Amendment of Migration Regulations 1994 — Schedule 1
                Schedule 1 amends the Migration Regulations 1994.
4              Amendment of Migration Regulations 1994 — Schedule 2
         (1)   Schedule 2 amends the Migration Regulations 1994.
         (2)   The amendments made by Schedule 2 apply in relation to an offence against subsection 245N (2) of the Migration Act 1958 which is alleged to have been committed on or after 15 March 2009.

Schedule 1        Amendment commencing on 15 February 2009
(regulation 3)

[1]           After regulation 3.13C
insert
3.13D     Obligation to report on passengers and crew of ships — reporting periods for journey from last port outside Australia
Journey begun before 15 February 2009
         (1)   For subsection 245L (5A) of the Act, if a ship:
                (a)    begins a journey from the last port outside Australia before 15 February 2009; and
               (b)    arrives at a port in Australia on or after that date;
section 245L of the Act, as in force immediately before 15 February 2009, applies in relation to the ship.
Note   The Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.
Subsection 245L (5A) permits regulations to be made to prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for the purposes of the new subsection (5).
The effect of subregulation (1) is that the deadline for giving a report on the passengers or crew on the ship is to be worked out in accordance with section 245L of the Act as in force immediately before 15 February 2009, and not in accordance with subregulations (2) and (3).
Journey begun on or after 15 February 2009
         (2)   For paragraph 245L (5) (a) of the Act, if:
                (a)    a ship begins a journey from the last port outside Australia on or after 15 February 2009; and
               (b)    the likely duration of the ship’s journey to a port in Australia is at least 96 hours;
the prescribed period is 96 hours.
Note   The Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.
         (3)   For paragraph 245L (5) (b) of the Act, if:
                (a)    a ship begins a journey from the last port outside Australia on or after 15 February 2009; and
               (b)    the likely duration of the ship’s journey to a port in Australia is mentioned in an item of the following table;
the period mentioned in the item is specified.

Item
Likely duration of ship’s journey
Specified period

1
72 hours or more but less than 96 hours
72 hours

2
48 hours or more but less than 72 hours
48 hours

3
24 hours or more but less than 48 hours
24 hours

4
Less than 24 hours
12 hours

Note   The Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.

Schedule 2        Amendments commencing on 15 March 2009
(subregulation 4 (1))

[1]           Regulation 5.20, heading
substitute
5.20        Prescribed penalties (Act, ss 137, 229 and 230, and subsection 245N (2))
[2]           Subregulation 5.20 (1)
omit
the purposes of
[3]           Paragraph 5.20 (1) (b)
omit
$1,000.
insert
$1 000.
[4]           Subregulation 5.20 (2)
substitute
         (2)   For paragraph 504 (1) (j) of the Act, the prescribed penalty to be paid as an alternative to prosecution for a contravention of section 229 or 230 of the Act is:
                (a)    in the case of a natural person — $3 000; or
               (b)    in the case of a body corporate — $5 000.
         (3)   For paragraph 504 (1) (jaa) of the Act, the prescribed penalty to be paid as an alternative to prosecution for a contravention of subsection 245N (2) of the Act is 10 penalty units.
[5]           Regulation 5.20, note
substitute
Note   Section 137 permits the Secretary to require information from the holder of a business visa.
Section 229 prohibits the carrying of persons to Australia without visas.
Section 230 makes it an offence to have an unlawful non‑citizen concealed on a vessel entering Australia.
Subsection 245L (2) establishes an obligation on an operator of an aircraft or ship to report to the Department about passengers and crew prior to their arrival in Australia.
Subsection 245N (2) makes it an offence for an operator of an aircraft or ship to contravene subsection 245L (2).
[6]           Subregulation 5.21 (1), definition of offence
substitute
offence means a contravention of:
                (a)    section 137, 229 or 230 of the Act; or
               (b)    subsection 245N (2) of the Act.
[7]           Regulation 5.21, note
substitute
Note   Section 137 permits the Secretary to require information from the holder of a business visa.
Section 229 prohibits the carrying of persons to Australia without visas.
Section 230 makes it an offence to have an unlawful non‑citizen concealed on a vessel entering Australia.
Subsection 245L (2) establishes an obligation on an operator of an aircraft or ship to report to the Department about passengers and crew prior to their arrival in Australia.
Subsection 245N (2) makes it an offence for an operator of an aircraft or ship to contravene subsection 245L (2).
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.