Migration Act 1966

Migration

No. 10 of 1966

An Act to amend the Migration Act 1958–1964 in relation to Persons included in the Complements or Crews of Vessels, and in relation to Decimal Currency.

[Assented to 6 May, 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Migration Act 1966.

(2.) The Migration Act 1958–1964 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Migration Act 1958–1966.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3.—(1.) Section 5 of the Principal Act is amended by inserting in sub-section (1.), after the definition of “entry permit”, the following definition:—

“‘identity document’, in relation to a member of the crew of a vessel, means—

(a) an identification card, in accordance with a form approved by the Minister, in respect of the member signed by the master of the vessel; or

(b) a document, of a kind approved by the Minister as an identity document for the purposes of this Act, in respect of the member;”.

(2.) A form of identification card in relation to members of the crews of vessels that, before the date of commencement of this Act, was an approved form for the purposes of the Principal Act shall be deemed to have been approved by the Minister on that date for the purposes of the definition of “identity document” inserted by the last preceding sub-section.

Exemptions.

4. Section 8 of the Principal Act is amended—

(a) by omitting from paragraphs (c) and (d) of sub-section (1.) the words “on leave” and inserting in their stead the words “with leave”; and

(b) by omitting sub-section (4.).

Persons entering Australia in certain circumstances to be prohibited immigrants.

5. Section 16 of the Principal Act is amended by omitting sub-section (5.).

Production of identity documents and mustering of crew.

6. Section 23 of the Principal Act is amended—

(a) by omitting from paragraph (a) the words “identification card, in a form approved by the Minister,” and inserting in their stead the words “identity document”; and

(b) by omitting from paragraphs (b) and (c) the words “identification cards” (wherever occurring) and inserting in their stead the words “identity documents”.

7. Section 24 of the Principal Act is repealed and the following section inserted in its stead:—

Master to report absences.

“24. Where a member of the crew of a vessel, other than a vessel of the regular armed forces of a government recognized by the Commonwealth, that has entered Australia from overseas was on board the vessel at the time of its arrival at a port and is absent from the vessel at the time of its departure from the port, the master of the vessel shall, at that departure—

(a) deliver to an officer a report in writing specifying the name of the member, stating that the member was a member of the crew of the vessel on board the vessel at the time of its arrival at that port and is absent from the vessel at the time of its departure from that port and further stating whether that member left the vessel at that port with leave or without leave; and

(b) on demand by an officer, deliver to the officer the identity document in respect of that member.

Penalty: Two hundred dollars.”.

8. After section 56 of the Principal Act the following section is inserted:—

Reports of absences of crews of vessels.

“56a.—(1.) Where, at or after the departure from a port in Australia of a vessel that has entered Australia from overseas, the master, owner, charterer or agent of the vessel reports in writing to an officer that a specified person was a member of the crew of the vessel on board the vessel at the time of its arrival at that port and is or was absent from the vessel at the time of its departure from that port, and states in the report whether that member left the vessel at that port with leave or without leave, that report is, for the purposes of proceedings under or in relation to this Act, evidence of the matters contained in the report and—

(a) if the report states that the member left the vessel with leave—that the member entered Australia, with leave, from the vessel during the vessel’s stay at that port and remained in Australia after the vessel left that port; or

(b) if the report states that the member left the vessel without leave—that the member entered Australia, without leave, from the vessel during the vessel’s stay at that port.

“(2.) Where, during the stay at a port in Australia of a vessel that has entered Australia from overseas, the master of the vessel

reports in writing to an officer that a specified person was included in the complement of the vessel, or a member of the crew of the vessel, on board the vessel at the time of its arrival at that port and—

(a) at any time during the vessel’s stay at that port, left the vessel without leave; or

(b) at any time during the vessel’s stay at that port, left the vessel with leave, but has become absent without leave,

the report is, for the purposes of proceedings under or in relation to this Act, evidence of the matters contained in the report.”.

Proof of certain other matters.

9. Section 57 of the Principal Act is amended by omitting paragraphs (b) and (c) and inserting in their stead the following paragraphs:—

“(b) where—

(i) there is produced to the court a document that purports to be an identification card or other document of identification in respect of a person and to bear the personal description and photograph of the person to whom the document relates, together with a certificate purporting to be signed by an officer certifying that the document was delivered to an officer by the master, owner, charterer or agent of a specified vessel as relating to a person who was a member of the crew of the vessel when the vessel arrived at a specified port in Australia on a specified date; and

(ii) the personal description and photograph appear to be, or to be capable of being, those of a particular person, being a person having a connexion with the proceedings,

the document and certificate are evidence that that person is the person to whom the document relates and was a member of the crew of that vessel when that vessel arrived at that port on that date;

(c) the production out of official custody of a document purporting to be a report made by the master, owner, charterer or agent of a vessel to an officer as to a matter relevant to the operation of this Act is evidence that the document is such a report;”.

10. After section 65 of the Principal Act the following section is inserted:—

Identification card to be deemed to continue to be in a form approved by the Minister.

“65a. Where the Minister revokes his approval of a form of identification card in relation to members of the crews of vessels, an identification card in accordance with that form signed by the master of a vessel not later than three months after the date of that revocation shall, notwithstanding that revocation, be deemed, for the purposes of this Act, to continue to be an identification card in accordance with a form approved by the Minister.”.

Amendments in relation to decimal currency.

11. The Principal Act is amended as set out in the Schedule to this Act.

THE SCHEDULE Section 11.

Amendments in Relation to Decimal Currency