Migration Amendment (Excision from Migration Zone) Act 2001
No. 127, 2001
Migration Amendment (Excision from Migration Zone) Act 2001
No. 127, 2001
An Act to excise certain Australian territory from the migration zone under the Migration Act 1958 for purposes related to unauthorised arrivals, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
4 Application of amendments........................
Schedule 1—Amendment of the Migration Act 1958
Migration Amendment (Excision from Migration Zone) Act 2001
No. 127, 2001
An Act to excise certain Australian territory from the migration zone under the Migration Act 1958 for purposes related to unauthorised arrivals, and for related purposes
[Assented to 27 September 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Excision from Migration Zone) Act 2001.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Application of amendments
The amendments made by this Act apply to a visa application made after the excision time for the excised offshore place concerned.
Example: If a person becomes an offshore entry person by entering Australia at Christmas Island, then the amendments apply to any visa application made by the person after 2 pm on 8 September 2001 by legal time in the Australian Capital Territory.
Schedule 1—Amendment of the Migration Act 1958
1 Subsection 5(1)
Insert:
excised offshore place means any of the following:
(a) the Territory of Christmas Island;
(b) the Territory of Ashmore and Cartier Islands;
(c) the Territory of Cocos (Keeling) Islands;
(d) any other external Territory that is prescribed by the regulations for the purposes of this paragraph;
(e) any island that forms part of a State or Territory and is prescribed for the purposes of this paragraph;
(f) an Australian sea installation;
(g) an Australian resources installation.
Note: The effect of this definition is to excise the listed places and installations from the migration zone for the purposes of limiting the ability of offshore entry persons to make valid visa applications.
2 Subsection 5(1)
Insert:
excision time, for an excised offshore place, means:
(a) for the Territory of Christmas Island—2 pm on 8 September 2001 by legal time in the Australian Capital Territory; or
(b) for the Territory of Ashmore and Cartier Islands—2 pm on 8 September 2001 by legal time in the Australian Capital Territory; or
(c) for the Territory of Cocos (Keeling) Islands—12 noon on 17 September 2001 by legal time in the Australian Capital Territory; or
(d) for any other external Territory that is prescribed by the regulations for the purposes of the definition of excised offshore place—the time when the regulations commence; or
(e) for any island that…
Overview
The Migration Amendment (Excision from Migration Zone) Act 2001 was enacted by the Parliament of Australia to address the problem of unauthorised arrivals of non-citizens into Australia by excising certain territories from the migration zone under the Migration Act 1958. The act was designed to limit the ability of individuals who arrive at these excised territories after specific times to make valid visa applications while in Australia, thereby controlling the flow of unauthorised migration. The policy objective of this legislation was to provide a mechanism for the Australian government to manage its borders more effectively by legally categorising certain territories as outside the migration zone, thereby rendering visa applications from individuals who arrive at these locations after specified times invalid unless an exemption is granted by the Minister for Immigration and Border Protection.
Scope and Application
The Migration Amendment (Excision from Migration Zone) Act 2001 is a Commonwealth Act that amends the Migration Act 1958 to excise certain Australian territories from the migration zone. This Act applies to any visa application made after the excision time for the specified offshore places, which include the Territory of Christmas Island, the Territory of Ashmore and Cartier Islands, the Territory of Cocos (Keeling) Islands, and other external territories prescribed by regulations. The Act defines "offshore entry persons" as those who entered Australia at these excised offshore places after the excision time and subsequently became unlawful non-citizens. Notably, this Act excludes visa applications made by offshore entry persons who are unlawful non-citizens and in Australia, rendering them invalid unless the Minister determines it to be in the public interest for an exception to apply. The Minister’s determination must be reported to Parliament with specified reasons, excluding personal identifiers of the offshore entry person or any connected person. The Act's jurisdictional reach is national, applying across all states and territories of Australia, with the excision times varying for different territories as outlined in the Act. The application of the Act can be extended or modified through subordinate regulations, which prescribe additional territories or islands to be excised.
Key Provisions
- The Migration Amendment (Excision from Migration Zone) Act 2001 (C2004A00887) makes significant changes to the Migration Act 1958 by excising certain Australian territories from the migration zone, which effectively limits the ability of certain individuals to make valid visa applications. The Act specifies several territories and places, such as Christmas Island, Ashmore and Cartier Islands, and Cocos (Keeling) Islands, and defines these as 'excised offshore places' (section 1). These territories are removed from the migration zone for the purposes of managing unauthorised arrivals. The excision took effect at specific times, such as 2 pm on 8 September 2001 for Christmas Island and Ashmore and Cartier Islands, and 12 noon on 17 September 2001 for Cocos (Keeling) Islands (section 2).
- The Act imposes several obligations on parties affected by these changes. For instance, an application for a visa is not considered valid if it is made by an 'offshore entry person' who has entered Australia at an excised offshore place after the specified 'excision time' and has become an 'unlawful non-citizen' (section 46A(1)). An 'offshore entry person' is defined as someone who enters Australia at an excised offshore place after the excision time and subsequently becomes an unlawful non-citizen due to that entry (section 3). However, the Minister for Immigration may, in certain cases deemed to be in the public interest, determine that the invalidity of the visa application does not apply, provided that a statement outlining the determination and the reasons for it is laid before each House of Parliament within 15 sitting days (section 46A(2)-(6)).
- Breaching the provisions of this Act can result in significant consequences. Visa applications made by offshore entry persons who are unlawful non-citizens are invalid, and this invalidation can lead to legal complications for the individuals involved. Additionally, the Minister’s discretion to override the invalidation of a visa application is subject to parliamentary oversight, ensuring that such decisions are both transparent and justifiable. The Act does not explicitly outline criminal penalties for breaches but emphasizes the importance of adhering to the legal framework established by the amendments.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Offence Provisions