Border Protection Legislation Amendment Act 1999
No. 160, 1999
Border Protection Legislation Amendment Act 1999
No. 160, 1999
An Act to provide enhanced protection for Australia’s borders, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Migration Act 1958
Part 1—Chasing, boarding etc. ships and aircraft
Part 2—Forfeiture
Part 3—Enforcement visas
Division 1—Basic provisions
Division 2—Amendments relating to the Fish Stocks Agreement
Part 4—Miscellaneous amendments
Part 5—Technical amendment
Part 6—Amendments to prevent forum shopping
Schedule 2—Customs Act 1901
Part 1—Chasing, boarding etc. ships and aircraft
Part 2—Transfer of goods into or out of coasting trade
Schedule 3—Fisheries Management Act 1991
Part 1—Customs officers to be fisheries officers
Part 2—Suspected illegal foreign fishers
Division 1—Basic provisions
Division 2—Amendments relating to the Fish Stocks Agreement
Part 3—Customs officers exercising powers as fisheries officers may carry arms
Border Protection Legislation Amendment Act 1999
No. 160, 1999
An Act to provide enhanced protection for Australia’s borders, and for related purposes
[Assented to 8 December 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Border Protection Legislation Amendment Act 1999.
2 Commencement
Sections 1, 2 and 3
(1) Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.
Division 2 of Part 3 of Schedule 1
(2) Division 2 of Part 3 of Schedule 1 commences immediately after the commencement of Schedule 2 to the Fisheries Legislation Amendment Act (No. 1) 1999.
Part 5 of Schedule 1
(3) Part 5 of Schedule 1 is taken to have commenced on 1 September 1994, immediately after the commencement of section 83 of the Migration Legislation Amendment Act 1994.
Parts 1 and 3 of Schedule 3
(4) Parts 1 and 3 of Schedule 3 commence at the same time as the item in Schedule 2 that inserts section 189A into the Customs Act 1901.
Division 2 of Part 2 of Schedule 3
(5) Division 2 of Part 2 of Schedule 3 commences immediately after the commencement of Schedule 2 to the Fisheries Legislation Amendment Act (No. 1) 1999.
Remaining provisions of this Act
(6) Subject to subsections (7) and (8), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(7) If the provisions referred to in subsection (6) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
Special condition for commencement of items of Schedule 2
(8) If, apart from this subsection, an item of Schedule 2 would commence before the commencement of any of the following amendments of the Customs Act 1901 made by the Customs Legislation Amendment Act (No. 1) 1999:
(a) the amendments of sections 4, 175, 185, 219L, 219M and 219ZE;
(b) the amendments inserting sections 186A and 219NA;
then the…
Overview
The Border Protection Legislation Amendment Act 1999 No. 160 was enacted by the Parliament of Australia to enhance Australia's border protection measures, addressing the need for more robust mechanisms to prevent illegal immigration and smuggling activities. The Act amends several key pieces of legislation, including the Migration Act 1958, the Customs Act 1901, and the Fisheries Management Act 1991, to provide expanded powers for border protection officials, including the ability to chase, board, and search ships and aircraft, and to enforce compliance with Australian laws. The policy objective is to strengthen the enforcement of border protection laws, ensuring that Australia's borders are secure against illegal activities.
Scope and Application
The Border Protection Legislation Amendment Act 1999 No. 160, 1999 applies to the Commonwealth of Australia and amends three primary pieces of legislation: the Migration Act 1958, the Customs Act 1901, and the Fisheries Management Act 1991. The Act provides enhanced protection for Australia’s borders through various provisions, including the chasing, boarding, and searching of ships and aircraft, the forfeiture of things used in certain offences, and the establishment of enforcement visas. The Act applies to persons who are on or aboard ships or aircraft, including masters, crew members, and passengers, as well as entities such as ships and aircraft. The Act’s jurisdictional reach extends to Australia’s territorial sea, contiguous zone, exclusive economic zone, and the high seas, where Australia has jurisdiction under international law or agreements. The Act does not apply to Australian residents or New Zealand citizens with certain visas who are traveling to Australia. The Act extends its application through subordinate instruments, such as regulations made under the Customs Act 1901 and the Fisheries Management Act 1991.
Key Provisions
- The Border Protection Legislation Amendment Act 1999 (the "Act") is a piece of Australian legislation designed to enhance the protection of Australia's borders. The Act primarily focuses on three key areas: the chasing, boarding, and searching of ships and aircraft; the forfeiture of items used in certain offenses; and the granting of enforcement visas for specific non-citizens. Each of these provisions imposes specific obligations on parties and entities governed by the Act and establishes potential penalties for non-compliance.
- The Act's main operative sections include provisions for the chasing, boarding, and searching of ships and aircraft, including foreign ships in Australian waters, Australian ships outside the territorial seas of other countries, and ships in the contiguous zone or near Australian installations. These provisions allow the commander of a Commonwealth ship or aircraft to request the master of a ship to permit boarding and to use reasonable means to make such requests. If the master of a ship refuses to comply with such a request, they may face imprisonment for up to 2 years. The Act also grants officers the power to board and search ships and aircraft, seize goods, and arrest individuals suspected of involvement in offenses. Additionally, the Act provides for the forfeiture of vessels and other items used in certain offenses, including those involving the entry or attempted entry of unlawful non-citizens into Australia.
- The Act imposes several obligations on parties and entities governed by it. For example, the master of a ship must comply with a request to board made by the commander of a Commonwealth ship or aircraft, unless they have a reasonable excuse. Similarly, individuals found on ships or aircraft must comply with requirements made by officers under the Act, failure to do so may result in a penalty of 100 penalty units. Furthermore, the Act requires officers to use reasonable force when boarding and searching ships or aircraft, arresting or detaining individuals, or arresting fleeing persons, and to avoid causing grievous bodily harm unless necessary to protect life or prevent serious injury.
- The Act also establishes potential penalties and consequences for breaches of its provisions. For instance, failure to comply with a request to board a ship may result in imprisonment for up to 2 years. Additionally, if an officer obtains evidence of an offense against a law of the Commonwealth, a State, or a Territory while exercising powers under the Act, that evidence may be used in investigating the offense or in proceedings for the prosecution of the offense. The Act also provides for the forfeiture of vessels and other items used in certain offenses, with specific rules governing the seizure, notice of seizure, and condemnation of forfeited items.
- Area of Law
- Immigration & Refugee Law
- International Trade Law
- Border Protection
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards