EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION 2015

(subsection s.9A(6))

1. Instrument IMMI 15/140 is made under subsection 9A(6) of the Migration Act 1958 (the Act).
2. The Instrument revokes IMMI 15/073 (F2015L00354) under subsection 9A(6) of the Act read with subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The purpose of this Instrument is to revoke IMMI 15/073 and to make a new determination for the purposes of paragraphs 9A(5)(a) and 9A(5)(b) of the Act.  The new determination is intended to exempt, for the purposes of those paragraphs, all operations and activities of the kinds identified in those paragraphs to the extent that the operations or activities use any vessel or structure that is not an Australian resources installation.
4. The Instrument operates so that a non-citizen who is on a vessel or structure that is used for operations or activities of the kinds identified in paragraphs 9A(5)(a) and 9A(5)(b) of the Act, but that is not an Australian resources installation, is not taken to be in the migration zone.
5. Consultation was undertaken before the instrument was made with the Australian Petroleum Production and Exploration Association and the Australian Mines and Metals Association.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19961).
7. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument, IMMI 15/140 commences on the day it is registered on the Federal Register of Legislative Instruments.