Migration Amendment Act 1987

Administered by Department of Home Affairs

Legislation au C2004A03542 Not in force Act

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Migration Amendment Act 1987

No. 133 of 1987

 

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 16 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Migration Amendment Act 1987.

(2) In this Act, “Principal Act” means the Migration Act 19581.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 3, 4 and 5 of this Act shall be taken to have come into operation on 16 September 1987.

(3) Sections 6 and 7 and paragraphs 9 (a) and (b) shall come into operation on 1 January 1988.


Non-citizen not to enter Australia without entry permit

3. Section 6 of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) A request under subsection (2) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Cancellation, expiration and renewal of entry permits

4. Section 7 of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) A request under subsection (2) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Visas and return endorsements

5. Section 11a of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) A request under subsection (1) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Carriage of persons to Australia without documentation

6. Section 11c of the Principal Act is amended:

(a) by omitting from subsection (1) “and charterer” and substituting “, charterer and operator”;

(b) by omitting from subsection (2) “$2,000” and substituting “$3,000”;

(c) by omitting from subsection (4) “or charterer” and substituting “, charterer or operator”; and

(d) by omitting from subsection (5) “or charterer” (wherever occurring) and substituting “, charterer or operator”.

7. After section 34 of the Principal Act the following section is inserted:

Immigration clearance fee

“34a. (1) Where a passenger, other than a prescribed passenger, travels to Australia on an overseas flight, the passenger shall pay the prescribed fee for immigration clearance of that passenger by an officer at the airport at which the passenger intends to enter Australia.

“(2) The fee shall be collected by the international air operator operating the flight.


“(3) The international air operator shall pay to the Commonwealth the amount of the fee payable by a passenger, whether or not the operator has collected that amount from the passenger.

“(4) An amount payable to the Commonwealth by an international air operator under subsection (3) is a debt due to the Commonwealth and may be recovered in a court of competent jurisdiction.

“(5) In proceedings for the recovery of an amount from an international air operator under this section, passenger cards relating to the passengers carried to Australia on an overseas flight operated by that operator, furnished in accordance with the regulations, are prima facie evidence of the number of passengers carried to Australia on that overseas flight and of any matters specified in those cards in relation to those passengers.

“(6) In this section:

‘international air operator’ means a person, organisation or enterprise operating an overseas flight on which passengers are carried or, where that person, organisation or enterprise does not have an office or place of business in Australia, the Australian agent of that person, organisation or enterprise;

‘overseas flight’ means a flight that commenced at, or during which the aircraft called at, a place outside Australia;

‘passenger’ means a person (whether an Australian citizen or not) who travels to Australia as a passenger on an aircraft operated by an international air operator.”.

Proof of certain matters

8. Section 57 of the Principal Act is amended by inserting after paragraph (c) the following paragraph:

“(ca) a list of passengers in a vessel, or a passenger card relating to a passenger in a vessel, furnished in accordance with the regulations, is prima facie evidence that the person named on the list or card as the operator of the vessel is the operator of the vessel;”.

Regulations

9. Section 67 of the Principal Act is amended:

(a) by omitting from paragraph (1) (c) “and” (last occurring); and

(b) by inserting after paragraph (1) (c) the following paragraphs:

“(ca) enabling a person who is alleged to have contravened section 11c to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding $1,500;

(cb) making provision for and in relation to the collection by international air operators of fees under subsection 34a (2);

(cc) making provision for and in relation to the payment by international air operators to the Commonwealth of amounts under subsection 34a (3); and”.


NOTE

1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; and No. 86, 1987.

[Minister’s second reading speech made in—

House of Representatives on 7 October 1987

Senate on 29 October 1987]

Overview

The Migration Amendment Act 1987 (No. 133 of 1987) was enacted to address various issues and gaps within the Migration Act 1958. This legislation was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. Among other changes, it introduced requirements for written requests and payment of fees for certain migration-related actions, increased penalties for carrying persons to Australia without documentation, and established a new immigration clearance fee to be collected by international air operators. The act also aimed to streamline the process for proving operator identity in vessels by using passenger lists and cards. The amendments reflect the legislative intent to enhance the administration of migration processes and ensure compliance with immigration regulations.

Scope and Application

The Migration Amendment Act 1987 amends the Migration Act 1958 to introduce new requirements for the entry of non-citizens into Australia, the cancellation, expiration, and renewal of entry permits, and the carriage of persons to Australia without documentation. The Act applies to non-citizens seeking to enter Australia, operators of vessels and international air operators, as well as other persons who may be subject to the provisions of the Principal Act. The Act extends to the whole of Australia, including its external territories, and applies to all persons, regardless of their nationality, who are subject to its provisions. The Act does not exclude or exempt any person or entity from its application, and there are no stated thresholds that must be met for the Act to apply. The Act may be extended or restricted through subordinate instruments, such as regulations or rules, which may be made by the Minister under the authority of the Principal Act.

Key Provisions

The Migration Amendment Act 1987 (No. 133 of 1987) introduces several key amendments to the Migration Act 1958. Section 3 of the Act amends subsection 6(2) to require that any request for entry into Australia must be made in writing, in accordance with a form approved by the Minister, and must include the payment of any applicable fees. Similarly, Section 4 amends subsection 7(2) to impose the same requirements for requests related to the cancellation, expiration, and renewal of entry permits. Section 5 amends subsection 11a(1) to mandate that visa and return endorsement requests must also be made in writing and include payment of any applicable fees. Furthermore, Section 6 expands the scope of section 11c to include operators of aircraft, in addition to charterers, and increases the penalty for carrying persons to Australia without documentation from $2,000 to $3,000. Additionally, Section 7 introduces a new section 34a, imposing a fee for immigration clearance on passengers traveling to Australia on overseas flights, to be collected by the international air operator and remitted to the Commonwealth. The Act imposes several obligations on various parties. Non-citizens seeking to enter Australia must submit written requests in the approved form and pay the requisite fees. Similarly, individuals or entities seeking to cancel, expire, or renew entry permits must comply with the same documentation and payment requirements. Visa applicants must also submit their requests in the correct form and include payment of applicable fees. Operators of international flights carrying passengers to Australia are required to collect the prescribed immigration clearance fee from passengers and remit it to the Commonwealth. These obligations ensure that all parties involved in the migration process adhere to the regulatory framework established by the Act. The Act also delineates specific consequences for non-compliance with its provisions. Section 6(1) of the Principal Act, as amended by section 6 of the Amendment Act, imposes a penalty of up to $3,000 for the carriage of persons to Australia without the necessary documentation. This penalty applies to the operator, charterer, or any other person responsible for the aircraft. Furthermore, international air operators who fail to collect and remit the prescribed immigration clearance fee to the Commonwealth may face civil action to recover the unpaid amount, as outlined in section 34a(4) of the Amendment Act. These provisions underscore the importance of compliance with the Act’s requirements and establish clear penalties for those who fail to adhere to the stipulated regulations.

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Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.