Overview

The Migration Regulations 2014, made under section 175A of the Migration Act 1958, aim to facilitate immigration clearance by specifying which passports are recognised as eligible for the SmartGate automatic border processing system at Australian international airports. This legislative instrument revokes the previous Instrument number IMMI 13/139 and introduces a new list of eligible ePassports from Australia, New Zealand, Switzerland, Singapore, the United Kingdom, and the United States. The primary objective of this measure is to enhance client services, improve border processing efficiency, and accommodate the growing number of travellers by enabling quicker processing for eligible citizens aged 16 and above. Consultation was conducted with the Australian Customs and Border Protection Service and the Department of Foreign Affairs and Trade prior to the enactment of this instrument. The instrument exempts itself from disallowance and does not require a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation. It came into effect on 24 February 2014.

Scope and Application

The Instrument made under section 175A of the Migration Act 1958 serves to designate certain ePassports as eligible for the purposes of immigration clearance, specifically for accessing the SmartGate automatic border processing system at Australian international airports. This determination applies to ePassports issued by Australia, New Zealand, Switzerland, Singapore, the United Kingdom, and the United States of America, extending the convenience of SmartGate to eligible citizens of these countries who are aged 16 years and over. The legislation thus facilitates smoother border processing for these nationals, enhancing service delivery and operational efficiency at Australian borders. The Instrument revokes the previous Instrument number IMMI 13/139 and comes into effect from 24 February 2014, with no requirement for disallowance or a Human Rights Statement of Compatibility as advised by the Office of Best Practice Regulation.

Key Provisions

The main operative section of this Instrument is section 175A of the Migration Act 1958, which allows the Minister or the Secretary to determine by legislative instrument that a specified kind of passport is an eligible passport for the purposes of immigration clearance under Division 5 of Part 2 of the Act. This Instrument revokes the previous Instrument IMMI 13/139 and establishes that Australian ePassports, New Zealand ePassports, Swiss ePassports, Singaporean ePassports, United Kingdom ePassports, and United States ePassports are now eligible passports. This determination facilitates access to SmartGate automatic border processing at Australian international airports for citizens aged 16 years and older holding an ePassport from one of these countries. The extension of SmartGate to Singaporean citizens aims to improve client services, enhance border processing efficiency, and manage the increasing number of travellers through expedited processing. The Act imposes several obligations and requirements on the parties involved. Firstly, the Minister or the Secretary must ensure that the designated ePassports meet the technical and security standards necessary for integration with the SmartGate system. Secondly, the Australian Customs and Border Protection Service, which operates the SmartGate system, must ensure that the system is updated to recognise and process the new categories of ePassports. Thirdly, the Department of Foreign Affairs and Trade, responsible for passport security, must verify that the security features of these ePassports are robust enough to prevent fraud and misuse. Lastly, the citizens holding these ePassports must comply with the immigration requirements of the Australian Government to utilise the SmartGate service. There are no specific offences or penalties outlined in the Instrument for breaches of its provisions. However, any breach of the Migration Act 1958 related to immigration clearance could lead to civil or criminal penalties under the Act. For instance, providing false information on an application or document could result in fines and imprisonment. The penalties for such offences vary depending on the severity of the breach, with maximum penalties outlined in other sections of the Act. The revocation of the previous Instrument does not imply any new penalties but rather updates the list of eligible passports, thereby changing the scope of who can use the SmartGate system.