Migration Act 1958 - Determination - IMMI 14/077

Overview

The Migration Act 1958, enacted by the Parliament of Australia, was amended in 2014 through the instrument F2014L01003, specifically addressing the definition of offshore resources activity. This legislative instrument aims to clarify and provide a determination for the activities that constitute offshore resources activity, as defined under subsection 9A(5) of the Act. The urgency of this determination arose from the disallowance by the Senate of the Migration Amendment (Offshore Resources Activity) Regulation 2014, necessitating a swift legislative response to fill the legislative gap. This determination, made under subsection 9A(6), identifies regulated operations under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and activities performed under a licence or special purpose consent under the Offshore Minerals Act 1994 as activities that constitute offshore resources activity within the Migration Act. This legislative instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement.

Scope and Application

The Determination, made under subsection 9A(6) of the Migration Act 1958, clarifies the scope of activities considered as offshore resources activity for the purposes of the Act, specifically identifying regulated operations under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and activities performed under a licence or special purpose consent under the Offshore Minerals Act 1994 as offshore resources activities. This determination applies to entities and individuals involved in these activities, thereby extending the reach of the Migration Act to those engaged in offshore petroleum, greenhouse gas storage, and offshore mineral operations. The instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement, as it was issued under urgent circumstances following the disallowance of previous regulations by the Senate. The Determination is a legislative instrument that comes into effect on the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation, namely subsection 9A(6) of the Migration Act 1958, provide the Minister with the authority to make a determination for the purposes of defining offshore resources activity. Specifically, subsection 9A(6) allows the Minister to issue a written determination that clarifies the meaning of "offshore resources activity" as it pertains to paragraphs 9A(5)(a) and 9A(5)(b) of the Act. This determination identifies "regulated operations" under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as well as activities performed under a licence or special purpose consent under the Offshore Minerals Act 1994 as qualifying for the definition of offshore resources activity. The obligations and requirements imposed by this Act on the relevant parties or entities are straightforward. The Minister, in exercising the power granted under subsection 9A(6), must ensure that the determination aligns with the definitions set out in paragraphs 9A(5)(a) and 9A(5)(b). This includes ensuring that the specified activities under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Minerals Act 1994 are correctly identified as offshore resources activities. The determination must be made in writing and must be precise in its scope to avoid any ambiguity in the interpretation of offshore resources activities for the purposes of the Migration Act 1958. In terms of potential offences, penalties, or consequences for breach, the Act does not explicitly outline specific penalties for non-compliance with the determination made under subsection 9A(6). However, the implications of not correctly defining offshore resources activities could lead to broader legal and administrative issues. For instance, if the determination is found to be incorrect or not in line with the legislative intent, it could potentially affect the eligibility of individuals or entities for certain migration-related provisions tied to offshore resources activities. The legislative instrument itself, being exempt from disallowance under section 42 of the Legislative Instruments Act 2003, means that it does not require a Human Rights Statement of Compatibility and consultation processes were deemed unnecessary due to the urgency necessitated by the disallowance of a previous regulation. The determination, IMMI 14/077, takes effect from the day it is registered on the Federal Register of Legislative Instruments.