Migration Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 3151

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Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Migration Act 1958.

Dated 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. YOUNG

Minister of State for Immigration,

Local Government and Ethnic Affairs

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Migration Regulations.

Service of documents

2. Regulation 30 of the Principal Regulations is amended by omitting from subregulation (3) “or charterer” (wherever occurring) and substituting “,charterer or operator”.

3. After regulation 30 of the Principal Regulations the following regulations are inserted:

Prescribed fee for purposes of subsection 34a (1) of the Act

“30a. For the purposes of subsection 34a (1) of the Act, the prescribed fee is $5.

Prescribed passenger for purposes of subsection 34a (1) of the Act

“30b. For the purposes of subsection 34a (1) of the Act, a passenger that is a person who is not 12 years of age, that is to say, the 12th anniversary of whose birth has not occurred, is a prescribed passenger.

Infringement notice and prescribed penalty

“30c. (1) In this regulation, a reference to a prescribed offence is a reference to an offence against section 11c of the Act.

“(2) Where the Secretary of the Department, or an officer of the Department authorised in writing by the Secretary for the purposes of this provision, believes on reasonable grounds that a person has committed a prescribed offence, the Secretary or authorised officer may cause to be served on the person an infringement notice in accordance with this regulation.

“(3) An infringement notice shall:

(a) state the name of the person who caused the notice to be served;

(b) specify the day on which and the place at which the prescribed offence is alleged to have been committed;

(c) give brief particulars of the alleged prescribed offence;

(d) contain a notification to the person on whom it is served that, if that person does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty in relation to that prescribed offence, being the amount specified in the notice, within the period of 28 days after the date of the notice unless the notice is withdrawn before the end of that period;

(e) specify the place at which, and the manner in which, the prescribed penalty may be paid; and

(f) contain a statement setting out the procedures under this regulation relating to the withdrawal of notices and the consequences of the withdrawal of a notice;

and may contain such other particulars, if any, as the Secretary or authorised officer considers necessary.

“(4) Where an infringement notice has been served on a person, the Secretary or an officer authorised in writing by the Secretary for the purposes of this provision may, at any time before the end of the period of 28 days after the date of the notice, by notice in writing served on the person in accordance with these Regulations, withdraw the infringement notice.

“(5) Where an infringement notice has been served on a person and before:

(a) the end of the period of 28 days after the date of the notice or such further period (exceeding 28 days) as the Secretary or an officer authorised in writing by the Secretary for the purposes of

 

this provision, whether before or after the end of the first-mentioned period, allows; or

(b) the notice is withdrawn;

whichever first occurs, the amount of the prescribed penalty in relation to the alleged prescribed offence is paid in accordance with the notice:

(c) any liability of the person in respect of the alleged prescribed offence shall be deemed to be discharged;

(d) no further proceedings shall be taken in respect of the alleged prescribed offence; and

(e) the person shall not be regarded as having been convicted of the alleged prescribed offence.

“(6) Where:

(a) an infringement notice has been served on a person;

(b) the person has paid the prescribed penalty in relation to the alleged prescribed offence in accordance with the notice; and

(c) the notice is subsequently withdrawn;

the Secretary, or an officer authorised in writing by the Secretary for the purposes of this provision, shall cause to be refunded to the person an amount equal to the prescribed penalty so paid by the person.

“(7) At the hearing of a prosecution for a prescribed offence in respect of which an infringement notice has been served, a certificate signed by the Secretary or an officer authorised for the purposes of subregulation (5) and stating:

(a) that the Secretary or an officer authorised for the purposes of that subregulation:

(i) did not allow a further period; or

(ii) allowed the further period specified in the certificate;

for the purpose of paragraph (5) (a), for the payment of the prescribed penalty in relation to the prescribed offence;

(b) that the prescribed penalty in relation to the prescribed offence was not paid in accordance with the notice within the period of 28 days after the date of the notice or within any further period allowed for the purpose of paragraph (5) (a); or

(c) that the infringement notice was withdrawn on a date specified in the certificate;

is evidence of the matters so stated.

“(8) A document that purports to have been signed for the purposes of this regulation by the Secretary or an officer authorised for the purposes of any provision of this regulation shall be taken to have been so signed unless the contrary is proved.

“(9) Where the amount of a prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.

“(10) Nothing in this regulation shall be construed as requiring the service of an infringement notice under this regulation or as affecting the institution or prosecution of proceedings, or limiting the amount of the fine that may be imposed by a court, in respect of an alleged prescribed offence in relation to which:

(a) an infringement notice has not been served; or

(b) an infringement notice has been served and withdrawn in accordance with this regulation.

“(11) For the purposes of this regulation and paragraph 67 (1) (ca) of the Act, the prescribed penalty is $1,000.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1959 No. 35 as amended to date. For previous amendments, see Note 2 to Statutory Rules 1987 No. 86 and see also