Migration Act 1966

Overview

The Migration Act 1966 was enacted by the Parliament of Australia to amend the Migration Act 1958–1964, addressing gaps in the regulation of crew members on vessels entering Australia. This Act was assented to on 6 May 1966, and it came into effect immediately upon receiving Royal Assent. The policy objective of this legislation was to enhance the management and control of crew members arriving in Australia on vessels, ensuring that identity documents and reporting requirements were properly regulated. Additionally, the Act made necessary amendments to monetary provisions in response to the introduction of decimal currency in Australia. This Act introduced significant changes to the definition of identity documents for crew members, mandating that these documents be used instead of identification cards. It also placed a responsibility on the master of the vessel to report any crew member who was present upon arrival at a port but absent upon departure, thereby improving the tracking and accountability of crew members. Furthermore, it streamlined the process for reporting crew absences and the admissibility of such reports in legal proceedings, ensuring that evidence related to crew members' movements was more effectively managed. Finally, the Act updated various monetary penalties and fees to align with the new decimal currency system, facilitating smoother financial transactions under the Act.

Scope and Application

The Migration Act 1966 amends the Migration Act 1958–1964, specifically addressing provisions relating to the crew members of vessels entering Australia and updating references to currency in light of the transition to decimal currency. The Act applies to individuals who are members of the crew of vessels entering Australia from overseas, requiring them to carry an identity document as defined in the Act. This document may be an identification card approved by the Minister and signed by the vessel's master or a document approved by the Minister for the purposes of the Act. The Act also applies to the master, owner, charterer, or agent of such vessels, who are obligated to report the presence and absence of crew members at Australian ports. The geographic reach of this Act is national, applying throughout the Commonwealth of Australia. There are no stated exclusions or exemptions within the text of the Act itself, although the application may be subject to further regulation or interpretation through subordinate instruments. The Act also includes provisions for the conversion of monetary penalties and fees from the old currency to the new decimal currency system.

Key Provisions

• The Migration Act 1966, as amended, introduces several key provisions primarily focused on regulating the crew members of vessels entering Australia. Section 1 amends the definition of "identity document" to include approved identification cards and documents for crew members (s. 3(1)). Section 4 modifies the exemptions under section 8 of the Principal Act by replacing "on leave" with "with leave" in paragraphs (c) and (d) of subsection (1) and removing subsection (4) entirely. Section 5 removes subsection (5) from section 16, which had previously outlined specific circumstances under which certain persons were considered prohibited immigrants.
• The Act imposes several obligations on the parties it governs. Section 6 updates references to "identification card" to "identity document" and removes references to "identification cards" in sections 23 and 24 of the Principal Act. Section 7 introduces a new section 24, which mandates that the master of a vessel must deliver a written report to an officer if a crew member who was on board at the time of arrival is absent upon departure, specifying whether the member left with or without leave, and provide the member's identity document on demand (s. 24). Section 8 introduces section 56A, which treats written reports from the master, owner, charterer, or agent of a vessel regarding crew absences as evidence in proceedings under the Act (s. 56A).
• Breach of these provisions may result in civil or criminal consequences. Section 24 includes a penalty of two hundred dollars for failure to deliver a report or identity document as required. Additionally, the new evidence provisions in section 56A could be used in legal proceedings to establish facts about crew members' entry and departure, potentially leading to further penalties or actions under the Act. The Act also includes amendments related to decimal currency, updating various fines and penalties from pounds to dollars throughout the Principal Act (Schedule).

Legal classification tags

Area of Law

Immigration & Refugee Law

Instrument

Act

Concepts

Commencement Provisions

Definitions & Interpretation

Reporting & Disclosure Obligations

Penalty Provisions