Migration Amendment Act (No. 2) 1979

Overview

The Migration Amendment Act (No. 2) 1979 was enacted by the Parliament of Australia to amend the Migration Act 1958, addressing the need for more flexible and comprehensive regulatory measures in the administration of migration-related matters. This amendment specifically targets the broadening of the scope of authorised personnel and the regulation of fees associated with various migration processes. The Act aims to enhance the efficiency and effectiveness of migration administration by allowing the Minister to authorise individuals to exercise powers and discharge duties under the Act, thereby moving beyond the limitation of only official officers. Furthermore, the Act introduces flexibility in the regulation of fees for entry permits, visas, return endorsements, and English language tests, including provisions for fee remission and exemptions, thus addressing potential barriers to migration processes for certain individuals or categories.

Scope and Application

The Migration Amendment Act (No. 2) 1979 amends the Migration Act 1958 to update and refine the regulations surrounding the administration and enforcement of migration-related laws in Australia. This Act applies to all individuals, entities, and persons involved in migration processes, including those seeking to enter, remain, or leave Australia, as well as those responsible for the administration and enforcement of the migration laws. It includes authorised officers who can exercise powers or discharge duties under the Act, thus broadening the scope of enforcement beyond just officers to any person authorised by the Minister. The Act's jurisdictional reach is nationwide, impacting all Commonwealth territories, and it does not specify exclusions or exemptions beyond what is detailed within its provisions. The Act also allows for the creation of subordinate instruments, such as regulations, which can further detail and refine the application of the Act, particularly concerning the charging and recovery of fees related to visa applications and English language tests. These regulations can also provide for fee remission or exemptions, offering flexibility in fee imposition and ensuring that not all applicants are required to pay the same fee.

Key Provisions

The Migration Amendment Act (No. 2) 1979 introduces several significant changes to the Migration Act 1958. Section 3 of the Act modifies the definition of “authorized officer” by omitting the phrase “an officer” and substituting “a person,” thereby broadening the scope of who can be considered an authorized officer under the Principal Act (section 5). This is further clarified in section 4, which amends section 31 of the Principal Act by inserting a new sub-section (1a) that explicitly includes a reference to a person authorized by the Minister to exercise powers or duties under the Act. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the expanded authority of authorized persons. These authorized persons now have a broader mandate to enforce various provisions of the Principal Act, which means that their scope of action is no longer limited to traditional officers but extends to include any person authorized by the Minister. This change facilitates more flexible and potentially more efficient enforcement of migration laws. The Act also introduces amendments related to the regulation of fees. Section 5 of the Migration Amendment Act (No. 2) 1979 modifies section 67 of the Principal Act by updating the provisions for charging and recovering fees. It now includes the ability to charge fees for applications for entry permits, visas, or return endorsements, as well as for English language tests conducted by or on behalf of the Department of Immigration and Ethnic Affairs. Furthermore, it allows for the remission of fees or exemption from fee payments. Importantly, this section clarifies that not every application must attract a fee, and fees can vary based on the type of application. In terms of offences, penalties, or consequences for breach, the Act does not explicitly state new offences or penalties within the provided excerpts. However, the expanded authority granted to authorized persons under sections 3 and 4 could imply that any failure to comply with the Act by these persons could result in administrative, civil, or criminal consequences depending on the nature of the breach. The absence of specific penalties in the provided sections suggests that existing provisions within the Principal Act or other relevant legislation may still apply.