Overview

The Migration Act 1958, enacted by the Parliament of Australia, provides a framework for the regulation of migration to, from and within Australia. A key issue this Act addresses is the facilitation of efficient border processing for legitimate travellers. Section 175A of the Act empowers the Minister or the Secretary to determine by legislative instrument which passports are eligible for streamlined processing. The Instrument F2013L00850, made under this provision, revokes a previous instrument and specifies that ePassports from Australia, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America are eligible for expedited border processing through SmartGate at Australian airports. This update aims to enhance client services and border efficiency, accommodating the rising number of travellers. Consultation with relevant authorities, including the Australian Customs and Border Protection Service and the Department of Foreign Affairs and Trade, preceded the instrument's creation. Additionally, the Office of Best Practice Regulation determined that a Regulation Impact Statement was unnecessary, and the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Scope and Application

The Instrument, made under section 175A of the Migration Act 1958, specifies that Australian, New Zealand, United Kingdom, and United States ePassports are recognised as eligible passports for the purposes of immigration clearance, facilitating the use of SmartGate at Australian international airports for citizens aged 16 years and older. This legislation directly applies to individuals holding the specified ePassports from these countries, allowing them to utilise the SmartGate system for expedited border processing. The instrument revokes a previous legislative instrument, IMMI 12/102, and introduces a streamlined border process for the mentioned nationalities, enhancing service efficiency and accommodating the growing number of travellers. The legislation is applicable within the Commonwealth of Australia and operates to provide a smoother immigration clearance process for eligible passport holders at designated airports. There are no stated exclusions or exemptions in the instrument, and the application is not extended or restricted by subordinate instruments.

Key Provisions

The key provision of this legislation, under section 175A of the Migration Act 1958, allows the Minister or the Secretary to determine, via legislative instrument, that a specified kind of passport is an eligible passport (section 2). This Instrument, specifically IMMI 13/058, revokes a previous instrument, IMMI 12/102, and determines that Australian ePassports, New Zealand ePassports, United Kingdom of Great Britain and Northern Ireland ePassports and United States of America ePassports are eligible passports (section 4). This determination provides access to SmartGate automatic border processing at Australian international airports for citizens of these countries who hold the relevant ePassports and are aged 16 years or older. The Act imposes obligations on the Minister and the Secretary to ensure that the determination of eligible passports aligns with the purpose of the SmartGate system, which is to improve client services and increase the efficiency of border processing (section 4). It also requires that the appropriate government departments, such as the Australian Customs and Border Protection Service and the Department of Foreign Affairs and Trade, are consulted before making such determinations (section 5). The Act further ensures that the legislative instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility (sections 6 and 7). Breaching the provisions of this Act could result in civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory statement. The Act’s primary focus is on determining eligible passports and facilitating the use of SmartGate for eligible travellers. The Instrument, IMMI 13/058, commences on 17 June 2013, indicating that any enforcement actions would be taken under the broader provisions of the Migration Act 1958 and related legislation.