Overview

The "Migration Regulations 2013 (Eligible Passports)" were enacted to amend the Migration Act 1958 by determining which types of ePassports are eligible for use in Australia's SmartGate automatic border processing system. This legislative instrument was introduced to address the need for an updated list of ePassports that facilitate efficient and secure border processing. The Australian Government, through the Minister for Immigration and Border Protection, created this instrument to streamline the border clearance process for eligible passport holders from Australia, New Zealand, Switzerland, the United Kingdom, and the United States, thereby enhancing client service and processing efficiency. The objective is to provide expedited border processing for citizens of these countries who are holders of the specified ePassports, aiming to improve the overall travel experience and border management.

Scope and Application

The legislative instrument under the Migration Act 1958, specifically pertaining to Section 175A, serves to determine which types of passports are eligible for certain immigration processes. This instrument, which revokes a previous instrument signed on 20 May 2013, identifies Australian ePassports, New Zealand ePassports, Swiss ePassports, United Kingdom of Great Britain and Northern Ireland ePassports and United States of America ePassports as eligible passports. The primary application of this instrument is to allow Australian, New Zealand, Swiss, United Kingdom and US citizens aged 16 years and older, who hold an ePassport of their respective nationality, access to the SmartGate automatic border processing system at Australian international airports. This extension of SmartGate to Swiss citizens is intended to enhance client services, improve the efficiency of border processing, and facilitate the rapid processing of increasing numbers of travellers. The instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and thus, a Human Rights Statement of Compatibility is not required. The instrument, IMMI 13/139, took effect on 11 November 2013.

Key Provisions

The main operative sections of this legislation under the Migration Act 1958 (section 175A) allow the Minister or Secretary to determine, through legislative instruments, which types of passports are eligible for certain immigration clearance procedures. Specifically, this instrument revokes a previous instrument (IMMI 13/058) and establishes that Australian ePassports, New Zealand ePassports, Swiss ePassports, United Kingdom ePassports, and United States ePassports are eligible passports (section 3). These eligible passports permit their holders access to SmartGate, an automatic border processing system at Australian international airports, for citizens aged 16 years and older from the respective countries (section 4). The obligations imposed by this legislation primarily concern the eligibility criteria for passports and the facilitation of border processing through the SmartGate system. The instrument requires that the specified ePassports meet the standards set for automatic border processing, ensuring they contain the necessary security features and biometric data (section 3). It also mandates that the Australian Customs and Border Protection Service, which owns the SmartGate system, and the Department of Foreign Affairs and Trade, which is responsible for passport security, are consulted in the development and implementation of these provisions (section 5). Breaching the provisions of this legislation could result in civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. Generally, under the Migration Act 1958, breaches of immigration-related laws can lead to penalties such as fines and imprisonment. The instrument itself is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, meaning no Human Rights Statement of Compatibility is required. The instrument came into effect on 11 November 2013, as outlined in section 8.