Migration Amendment (Maritime Crew) Act 2007 (Cth)

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Migration Amendment (Maritime Crew) Act 2007

No. 73, 2007

An Act to amend the Migration Act 1958, and for related purposes

Contents

Migration Amendment (Maritime Crew) Act 2007

No. 73, 2007

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 28 May 2007]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Migration Amendment (Maritime Crew) Act 2007.

2Commencement
  1. (1)

    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.

Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

28 May 2007

2.

Schedule 1, Part 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01795)

3.

Schedule 1, items 15 and 16

At the same time as the provision(s) covered by table item 2.

However, if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at or before that time, the provision(s) do not commence at all.

1 July 2007

4.

Schedule 1, item 17

Immediately after the provision(s) covered by table item 2.

However, if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 do not commence at the same time as or before the provisions covered by table item 2 commence, the provision(s) do not commence at all.

Does not commence

5.

Schedule 1, item 18

Immediately before the commencement of item 4 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007.

However, if that item commences at the same time as or before the provisions covered by table item 2 commence, item 18 of Schedule 1 to this Act does not commence at all.

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

  1. (2)

    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(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.

Schedule 1AmendmentsPart 1Main amendments

Migration Act 1958

1

Subsection 5(1)

Insert:

maritime crew visa has the meaning given by section 38B.

2

At the end of subsection 29(1)

Add:

Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).

3

Subsection 31(2)

Omit “and 38”, substitute “, 38 and 38B”.

4

Subsection 31(3)

Omit “or 37A”, substitute “, 37A or 38B”.

5

After section 38A

Insert:

38BMaritime crew visas

  1. (1)

    There is a class of temporary visas to travel to and enter Australia by sea, and to remain in Australia, to be known as maritime crew visas.

  2. (2)

    Subject to subsection 43(1B), a maritime crew visa held by a non‑citizen does not grant the non‑citizen permission to travel to or enter Australia by air.

    Note: However, a non‑citizen might also hold another class of visa that allows the non‑citizen to travel to and enter Australia by air.

  3. (3)

    The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia, or remain in Australia.

  4. (4)

    If the Minister makes a declaration under subsection (3) in relation to a person, or a class of persons of which a person is a member, a maritime crew visa held by that person ceases to be in effect:

    1. (a)

      if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect—at the time so specified; or

    2. (b)

      if the Minister does not specify such a time in the declaration—at the end of the day on which the declaration is made.

    Note: A maritime crew visa can also cease to be in effect under other sections (see for example section 82).

  5. (5)

    If the Minister revokes a declaration made under subsection (4), the Minister is taken never to have made the declaration.

    Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a declaration made under subsection (4).

  6. (6)

    Despite subsection (5), any detention of the non‑citizen that occurred during any part of the period:

    1. (a)

      beginning when the Minister made the declaration; and

    2. (b)

      ending at the time of the revocation of the declaration;

is lawful and the non‑citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.

6

At the end of subsection 42(1)

Add:

Note: A maritime crew visa is generally permission to travel to Australia only by sea (see section 38B).

7

Subsection 43(1)

Omit “subsection (3)”, substitute “subsections (1A) and (3)”.

8

After subsection 43(1)

Insert:

  1. (1A)

    Subject to the regulations, a maritime crew visa that is in effect is permission for the holder to enter Australia:

    1. (a)

      at a proclaimed port; or

    2. (b)

      if the health or safety of a person, or a prescribed reason, make it necessary to enter Australia in another way, that way; or

    3. (c)

      in a way authorised by an authorised officer.

  2. (1B)

    Despite subsections 38B(1) and (2):

    1. (a)

      the holder of a maritime crew visa may enter Australia as mentioned in paragraph (1A)(b) by air; and

    2. (b)

      the authorised officer may, for the purposes of paragraph (1A)(c), authorise the holder to enter Australia by air.

9

After subsection 82(2)

Insert:

  1. (2AA)

    Despite subsection (2):

    1. (a)

      a maritime crew visa held by a non‑citizen does not cease to be in effect if a substantive visa for the non‑citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection comes into effect; and

    2. (b)

      a substantive visa held by a non‑citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection does not cease to be in effect if a maritime crew visa for the non‑citizen comes into effect.

10

Subsection 82(3)

After “special purpose visa”, insert “or a maritime crew visa”.

11

After subsection 229(1)

Insert:

  1. (1A)

    A person commits an offence if:

    1. (a)

      the person is a master, owner, agent, charterer or operator of an aircraft; and

    2. (b)

      the person brings a non‑citizen into Australia by air on the aircraft; and

    3. (c)

      the non‑citizen is the holder of a maritime crew visa that is in effect.

12

Subsection 229(3)

After “(1)”, insert “or (1A)”.

13

After subsection 229(5)

Insert:

  1. (5A)

    It is a defence to a prosecution for an offence against subsection (1A) in relation to the bringing of a non‑citizen into Australia on an aircraft if it is established that:

    1. (a)

      the non‑citizen was, when he or she boarded or last boarded the aircraft for travel to Australia, in possession of evidence of another class of visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:

      (i) did not appear to have been cancelled; and

      1. (ii)

        was expressed to continue in effect until, or at least until, the date of the non‑citizen’s expected entry into Australia; or

    2. (b)

      the aircraft entered Australia from overseas only because of:

      (i) the illness of a person on board the aircraft; or

      1. (ii)

        stress of weather; or

      2. (iii)

        other circumstances beyond the control of the master.

14

Subsection 229(6)

After “subsection (5)”, insert “or (5A)”.

Part 2Amendments contingent on the Migration Amendment (Visa Integrity) Act 2007

Migration Act 1958

15

Section 173

Before “If”, insert “(1)”.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at the same time as or before Part 1 of this Schedule commences.

16

At the end of section 173

Add:

  1. (1A)

    A maritime crew visa held by a non‑citizen does not cease to be in effect under subsection (1) if:

    1. (a)

      the non‑citizen travels to and enters Australia by air; and

    2. (b)

      at the time the non‑citizen travels to and enters Australia, the non‑citizen holds another class of visa that is in effect.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at the same time as or before Part 1 of this Schedule commences.

17

After subsection 173(1)

Insert:

  1. (1A)

    A maritime crew visa held by a non‑citizen does not cease to be in effect under subsection (1) if:

    1. (a)

      the non‑citizen travels to and enters Australia by air; and

    2. (b)

      at the time the non‑citizen travels to and enters Australia, the non‑citizen holds another class of visa that is in effect.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 do not commence at the same time as or before Part 1 of this Schedule commences.

Migration Amendment (Visa Integrity) Act 2007

18

Item 4 of Schedule 1

Repeal the item.

Note: This item does not commence at all if item 4 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commences at the same time as or before Part 1 of this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 15 February 2007

Senate on 1 March 2007]

(14/07)

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