EXPLANATORY STATEMENT

Migration Act 1958

ELIGIBLE PASSPORTS

(Section 175A)

1. This Instrument is made under section 175A of the Migration Act 1958 (the Act).

2.                  The Instrument revokes IMMI 13/158 (F2014L00155).

3.                  The purpose of the Instrument is to provide access to automatic border processing, at Australian airports, to all holders of an eligible passport.

4.                  The instrument operates to allow all passengers, with the exception of those listed in Schedule A and Schedule B of the Instrument, entering or departing Australia through an Australian international airport to be immigration cleared by automated border clearance technology rather than being manually cleared by a clearance officer.

5. Consultation was undertaken before the instrument was made as follows:

•                   The Australian Customs and Border Protection Service which owns the SmartGate automatic border processing system; and
•                   The Department of Foreign Affairs and Trade which is responsible for passport security.
   

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17293).

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 commences on 1 September 2014.