Migration Amendment Act 1983
No. 112 of 1983
An Act to amend the Migration Act 1958 and for related purposes
[Assented to 13 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Migration Amendment Act 1983.
(2) The Migration Act 19581 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.
Title
3. The title of the Principal Act is amended by omitting “Immigration, Deportation and Emigration.” and substituting “the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons”.
Interpretation
4. Section 5 of the Principal Act is amended—
(a) by omitting from sub-section (1) the definition of “alien”;
(b) by omitting from sub-section (1) the definition of “immigrant”;
(c) by inserting after the definition of “natural resources” in sub-section (1) the following definition:
“‘non-citizen’ means a person who is not an Australian citizen;”;
(d) by omitting from sub-section (1) the definition of “protected person”; and
(e) by inserting after sub-section (1) the following sub-sections:
“(1aa) Any power that may be exercised by an authorized officer or by an officer under this Act may also be exercised by the Minister.
“(1ab) Where, in any provision of this Act, reference is made to the exercise of a power by an authorized officer or by an officer and that power is a power which, by virtue of sub-section (1aa), may also be exercised by the Minister, that reference shall be construed as including a reference to the exercise of that power by the Minister.”.
Heading to Part II
5. The heading to Part II of the Principal Act is omitted and the following heading is substituted:
“PART II— ENTRY, PRESENCE AND DEPORTATION OF NON-CITIZENS”.
Non-citizen not to enter Australia without entry permit
6. Section 6 of the Principal Act is amended—
(a) by omitting from sub-section (1) “An immigrant” and substituting “A non-citizen”;
(b) by omitting from sub-section (1) “prohibited immigrant” and substituting “prohibited non-citizen”;
(c) by omitting from sub-section (2) “an immigrant” and substituting “a non-citizen”;
(d) by omitting from sub-section (2) “the immigrant” and substituting “the non-citizen”;
(e) by omitting sub-section (2a);
(f) by omitting from sub-section (5) “an immigrant” and substituting “a non-citizen”;
(g) by omitting from sub-section (7) “A woman” and substituting “A person”;
(h) by omitting from sub-section (7) “her husband”
Overview
The Migration Amendment Act 1983 (No. 112 of 1983) was enacted to address various issues and gaps in the Migration Act 1958, providing a more comprehensive framework for the regulation of non-citizens in Australia. This legislation was passed by the Commonwealth Parliament and aimed to modernise and refine the existing migration laws, replacing outdated terms such as "immigrant" and "alien" with the term "non-citizen." The Act introduced significant changes to the entry, presence, and deportation of non-citizens in Australia, including the introduction of entry permits and the establishment of new criteria for deportation on security and criminal grounds. Additionally, the Act updated terminology and definitions throughout the Principal Act to reflect contemporary usage and clarify the scope of the legislation.
Scope and Application
The Migration Amendment Act 1983 amends the Migration Act 1958 to update terminology and provisions related to the regulation of non-citizens in Australia. This Act applies to non-citizens, defined as any person who is not an Australian citizen, and governs their entry, presence, and deportation from Australia. The Act extends to all states and territories within the Commonwealth of Australia. Key changes include the substitution of terms such as "immigrant" and "alien" with "non-citizen," alterations in the conditions for entry permits, and the introduction of new provisions for deportation based on criminal convictions and security threats. The Act also modifies the role and responsibilities of migration agents, updates definitions and references throughout the principal Act, and includes transitional provisions for individuals who were previously classified under the old terminology. The amendments are designed to streamline and modernize the legislative framework governing migration in Australia.
Key Provisions
- The Migration Amendment Act 1983 (No. 112 of 1983) amends the Migration Act 1958 to change the terminology from "immigrant" to "non-citizen" and introduces various modifications concerning the entry, presence, and deportation of non-citizens in Australia. Section 4 redefines "non-citizen" as a person who is not an Australian citizen, removing outdated terms such as "alien" and "immigrant." The Act also modifies the conditions under which non-citizens can enter or remain in Australia, including the requirement that non-citizens must not enter without an entry permit (Section 6). Furthermore, it outlines circumstances under which non-citizens can be deemed "prohibited" and subject to deportation (Sections 16 and 18).
- The Act imposes several obligations on non-citizens, including the requirement to hold a valid entry permit and to refrain from providing false information or documents to immigration authorities. Non-citizens are also subject to deportation if they have been convicted of certain crimes or if their presence is deemed a security threat (Sections 12 and 14). Additionally, the Act updates terminology related to migration agents, replacing "immigration agent" with "migration agent" and modifying the requirements for these agents (Sections 46-52).
- The Act includes provisions for various offences and penalties for breaches related to the entry and stay of non-citizens in Australia. For instance, entering or remaining in Australia without the requisite permits or documents is an offence (Section 27). Those found guilty of such offences may face civil or criminal penalties, although the specific penalties are not detailed in the Act itself but would be found in the relevant sections of the Principal Act. Additionally, harbouring or assisting a non-citizen who is unlawfully in Australia is also an offence (Section 30). The Act also provides for the arrest and detention of prohibited non-citizens and mandates that deportation orders be executed without delay (Sections 36, 36a, and 20).
- In summary, the Migration Amendment Act 1983 updates the terminology and provisions concerning the entry, presence, and deportation of non-citizens in Australia, imposes specific obligations on non-citizens, and establishes offences and penalties for non-compliance with these provisions.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Exemptions & Exclusions
- Administrative Discretion