Migration Amendment Act 1980
No. 89 of 1980
An Act to amend sections 5 and 11c of the Migration Act 1958
[Assented to 29 May 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Migration Amendment Act 1980.
(2) The Migration Act 1958 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 3 shall come into operation on the day fixed by Proclamation for the purposes of sub-section 2(2) of the Customs Amendment Act (No. 3) 1980.
Interpretation
3. Section 5 of the Principal Act is amended by omitting from sub-section (1) the definitions of “proclaimed airport” and “proclaimed port” and substituting the following definitions:
“‘proclaimed airport’ means an airport appointed under section 15 of the Customs Act 1901;
“‘proclaimed port’ means a port appointed under section 15 of the Customs Act 1901;”.
Carriage of persons to Australia without documentation
4. Section 11c of the Principal Act is amended by omitting from paragraph (b) of sub-section (5) “referred to in paragraph (b) of sub-section (1)” and substituting “exempted, by instrument under the hand of the Minister, from the requirements of this Division or included in a class of persons so exempted”.
Overview
The Migration Amendment Act 1980, enacted by the Queen, in and by the advice and consent of the Senate and the House of Representatives of the Commonwealth of Australia, aims to address specific issues within the Migration Act 1958. This Act introduces amendments to sections 5 and 11c of the Principal Act, refining the definitions of "proclaimed airport" and "proclaimed port" to align with the Customs Act 1901, and modifying the provisions related to the carriage of persons to Australia without proper documentation. The overarching objective of these amendments is to streamline and clarify the legislative framework surrounding migration, ensuring it aligns with contemporary administrative practices and international obligations.
The amendments introduced by this Act are intended to enhance the regulatory clarity and enforcement capabilities of the Migration Act 1958. By updating the definitions and clarifying the conditions under which certain individuals may be exempted from documentation requirements, the Migration Amendment Act 1980 seeks to address procedural inefficiencies and potential ambiguities that could affect the administration of migration laws. The Act thus aims to ensure that the migration processes are both effective and compliant with broader legal and administrative standards.
Scope and Application
The Migration Amendment Act 1980 modifies specific sections of the Migration Act 1958, which governs the entry, stay, and departure of people in Australia. The Act applies to any person or entity involved in the carriage of individuals to Australia, ensuring that such activities comply with the stipulated provisions. It particularly targets the transportation of people without proper documentation, which is now restricted to those exempted by the Minister through an instrument under their hand. The Act has a national reach, applying throughout the Commonwealth of Australia, and it supplements the principal legislation by refining definitions and tightening control measures. The Act does not explicitly state exclusions, exemptions, or thresholds but operates within the broader framework of the Migration Act 1958, which may include various exclusions and exemptions in other sections. Additionally, the Act may be further extended or restricted by subordinate instruments issued by the Minister.
Key Provisions
The Migration Amendment Act 1980 primarily amends the definitions in the Migration Act 1958 (referred to as the Principal Act in this legislation). Firstly, it alters the definitions of "proclaimed airport" and "proclaimed port" in section 5 of the Principal Act (section 3). These terms are now defined to mean an airport or port appointed under section 15 of the Customs Act 1901. Secondly, it modifies section 11c of the Principal Act (section 4), specifically adjusting the conditions under which a person may be carried to Australia without the necessary documentation. The amendment changes the criteria for exemption from the requirements of this Division, allowing for individuals who are either exempted by an instrument under the hand of the Minister or included in a class of persons so exempted.
Under this Act, parties or entities governed by the Migration Act 1958 must adhere to the new definitions provided. For instance, when dealing with "proclaimed airport" and "proclaimed port", they must now refer to the Customs Act 1901 for the appointed locations. Additionally, the amendment in section 11c necessitates that any exemption from the documentation requirements must be explicitly stated by the Minister or fall within a class of persons exempted by such an instrument. These changes ensure that the criteria for transporting individuals to Australia without documentation are clearly defined and legally compliant.
Failure to comply with the provisions of this Act can result in legal consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed within the provided text, it is reasonable to infer that breaches of the Migration Act 1958, as amended by this Act, could lead to penalties as outlined in the Principal Act. These penalties can include fines and imprisonment, depending on the severity and nature of the breach. The exact penalties would be subject to the specific provisions of the Migration Act 1958 and any relevant regulations or guidelines issued under its authority.