Migration Amendment Act 1987

Overview

The Migration Amendment Act 1987 (No. 133 of 1987) was enacted to address various issues and gaps within the Migration Act 1958. This legislation was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. Among other changes, it introduced requirements for written requests and payment of fees for certain migration-related actions, increased penalties for carrying persons to Australia without documentation, and established a new immigration clearance fee to be collected by international air operators. The act also aimed to streamline the process for proving operator identity in vessels by using passenger lists and cards. The amendments reflect the legislative intent to enhance the administration of migration processes and ensure compliance with immigration regulations.

Scope and Application

The Migration Amendment Act 1987 amends the Migration Act 1958 to introduce new requirements for the entry of non-citizens into Australia, the cancellation, expiration, and renewal of entry permits, and the carriage of persons to Australia without documentation. The Act applies to non-citizens seeking to enter Australia, operators of vessels and international air operators, as well as other persons who may be subject to the provisions of the Principal Act. The Act extends to the whole of Australia, including its external territories, and applies to all persons, regardless of their nationality, who are subject to its provisions. The Act does not exclude or exempt any person or entity from its application, and there are no stated thresholds that must be met for the Act to apply. The Act may be extended or restricted through subordinate instruments, such as regulations or rules, which may be made by the Minister under the authority of the Principal Act.

Key Provisions

• The Migration Amendment Act 1987 (No. 133 of 1987) introduces several key amendments to the Migration Act 1958. Section 3 of the Act amends subsection 6(2) to require that any request for entry into Australia must be made in writing, in accordance with a form approved by the Minister, and must include the payment of any applicable fees. Similarly, Section 4 amends subsection 7(2) to impose the same requirements for requests related to the cancellation, expiration, and renewal of entry permits. Section 5 amends subsection 11a(1) to mandate that visa and return endorsement requests must also be made in writing and include payment of any applicable fees. Furthermore, Section 6 expands the scope of section 11c to include operators of aircraft, in addition to charterers, and increases the penalty for carrying persons to Australia without documentation from $2,000 to $3,000. Additionally, Section 7 introduces a new section 34a, imposing a fee for immigration clearance on passengers traveling to Australia on overseas flights, to be collected by the international air operator and remitted to the Commonwealth.
• The Act imposes several obligations on various parties. Non-citizens seeking to enter Australia must submit written requests in the approved form and pay the requisite fees. Similarly, individuals or entities seeking to cancel, expire, or renew entry permits must comply with the same documentation and payment requirements. Visa applicants must also submit their requests in the correct form and include payment of applicable fees. Operators of international flights carrying passengers to Australia are required to collect the prescribed immigration clearance fee from passengers and remit it to the Commonwealth. These obligations ensure that all parties involved in the migration process adhere to the regulatory framework established by the Act.
• The Act also delineates specific consequences for non-compliance with its provisions. Section 6(1) of the Principal Act, as amended by section 6 of the Amendment Act, imposes a penalty of up to $3,000 for the carriage of persons to Australia without the necessary documentation. This penalty applies to the operator, charterer, or any other person responsible for the aircraft. Furthermore, international air operators who fail to collect and remit the prescribed immigration clearance fee to the Commonwealth may face civil action to recover the unpaid amount, as outlined in section 34a(4) of the Amendment Act. These provisions underscore the importance of compliance with the Act’s requirements and establish clear penalties for those who fail to adhere to the stipulated regulations.

Legal classification tags

Area of Law

Immigration & Refugee Law

Instrument

Act

Concepts

Commencement Provisions

Reporting & Disclosure Obligations

Enforcement Powers