Migration Amendment Act (No. 2) 1988

Administered by Department of Home Affairs

Legislation au C2004A03744 Not in force Act

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No. 151 of 1988

An Act to amend the Migration Act 1958

[Assented to 26 December 1988]

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 (No. 2) 1988.

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

Commencement

2. (1) Sections 1 and 2, subsection 3 (1) and section 11 commence on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

Interpretation

3. (1) Section 5 of the Principal Act is amended by omitting from subsection (1) the definition of “entry permit” and substituting the following definition:

“ ‘entry permit’ means an entry permit granted under subsection 6 (2) or 6b (1);”.

(2) Section 5 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “the holder”;

(b) by inserting the following definitions:

“ ‘certified printout’ means a printout certified by an authorised officer to be a printout of information kept in the movement records;

‘data base’ means a discrete body of information stored by means of a computer;

‘holder’, in relation to an entry permit or visa, means the person to whom the permit or visa was granted, or a person who is taken to be included in the permit or visa;

‘movement records’ means information stored in a notified data base;

‘notified data base’ means a data base declared to be a notified data base under section 65ab;

‘pre-cleared flight’ means a flight declared under subsection 6aa (6) to be a pre-cleared flight;

‘printout’ means a mechanically or electronically made reproduction of part or all of the movement records;”.

Heading to Division 1 of Part II

4. The heading to Division 1 of Part II of the Principal Act is amended by omitting “Permits”.

5. After section 5c of the Principal Act the following section is inserted in Division 1 of Part II:

Prohibited non-citizens

“5d. On entering Australia, a non-citizen becomes a prohibited non-citizen unless:

(a) he or she is the holder of an entry permit that is in force; or

(b) he or she is the holder of a visa that is in force and the entry was made under subsection 6aa (1) or (2).”.

Entry permits

6. Section 6 of the Principal Act is amended by omitting subsection (1).

7. After section 6 of the Principal Act the following section is inserted:

Entry permitted by visa

“6aa. (1) The holder of a visa granted on or after the commencement of this section, being a visa that is in force, may enter Australia after disembarkation at a proclaimed airport as if he or she were the holder of an entry permit.

“(2) If the holder of a visa granted on or after the commencement of this section, being a visa that is in force:

(a) travelled to Australia on a pre-cleared flight; and

(b) did not land in any other country after leaving the country of embarkation of that pre-cleared flight and before arriving in Australia;

the holder may enter Australia as if he or she were the holder of an entry permit.

“(3) When the holder of a visa enters Australia under subsection (1) or (2), the visa has effect, on and after the holder’s entry, for all purposes, as if it were an entry permit granted subject to any conditions, and any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.

“(4) Except as otherwise provided by subsection (1) or (2), a visa, whether granted before or after the commencement of this section, does not entitle the holder of the visa to enter Australia or be granted an entry permit.

“(5) Nothing in this section shall be taken to authorise a statutory visitor to enter Australia.

“(6) The Minister may, by instrument in writing, declare a specified flight by an aircraft on a specified day between a specified foreign country and Australia to be a pre-cleared flight for the purposes of this section.”.

Conditions on which entry permits may be granted to statutory visitors after entry into Australia

8. Section 6b of the Principal Act is amended by inserting in subsection (5) “5d,” after “sections”.

Certain instruments not to entitle person to enter Australia

9. Section 11 of the Principal Act is amended by omitting paragraph (2) (a).

Visas

10. Section 11a of the Principal Act is amended:

(a) by omitting from paragraph (2) (c) “and”;

(b) by adding at the end of subsection (2) the following word and paragraph:

“; and (e) may be granted subject to any conditions, or any limitation as to the time the holder of the visa is authorised to remain in Australia, that are specified in it.”;

“(2a) There shall be such classes of visas as the Minister determines from time to time by instrument in writing.”.

Persons entering Australia to be prohibited non-citizens in certain circumstances

11. Section 16 of the Principal Act is amended:

(a) by omitting from sub-subparagraph (1) (b) (i) (a) “a permit” and substituting “an entry permit”;

(b) by inserting in paragraph (1aa) (a) “an entry permit granted under section 6b, or” before “a further entry permit”.

Proof of certain matters

12. Section 57 of the Principal Act is amended by inserting after paragraph (1) (ca) the following paragraphs:

“(cb) a notation in a person’s passport specifying a proclaimed airport and date (being a notation made by an authorised officer in a form approved by the Minister) is prima facie evidence that the person entered Australia from that airport on that date;

(cc) a notation in a person’s passport to the effect that the person departed on a specified pre-cleared flight from a specified foreign country on a specified date (being a notation made by an authorised officer in a form approved by the Minister) is prima facie evidence that the person entered Australia from that pre-cleared flight;

(cd) for the purpose of proving that a person entered Australia from, or left Australia in, an aircraft (whether or not the person travelled to Australia on a pre-cleared flight), a certified printout of the relevant movement records is prima facie evidence of the matters contained in the printout;”.

13. After section 65 of the Principal Act the following sections are inserted:

Tampering with movement records

“65aa. (1) A person (other than an authorised officer carrying out duties or performing functions under or for the purposes of this Act) shall not read or examine, or reproduce by any means, any part of the movement records.

Penalty: $5,000 or imprisonment for 2 years, or both.

“(2) A person (other than an authorised officer carrying out duties or performing functions under or for the purposes of this Act) shall not:

(a) delete, alter or add to any part of the movement records;

(b) alter any computer program connected with making, transferring or keeping movement records; or

Penalty: $20,000 or imprisonment for 10 years, or both.

Notified data bases

“65ab. The Minister may, by notice in the Gazette, declare a data base containing information kept for the purposes of this Act in relation to the entry of persons into, and departure of persons from, Australia to be a notified data base for the purposes of this section.”.

NOTE

1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 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; Nos. 86, 104, 133 and 141, 1987; and Nos. 5, 38 and 49, 1988.

[Minister’s second reading speech made in—

House of Representatives on 19 October 1988

Senate on 22 November 1988]

Overview

The Migration Amendment Act (No. 2) 1988 was enacted to amend the Migration Act 1958 and address several issues related to the regulation of migration, entry permits, and the management of movement records. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia and was assented to on 26 December 1988. The principal objective of the Act is to refine the definition of entry permits, to clarify the circumstances under which a non-citizen becomes a prohibited non-citizen upon entering Australia, and to establish provisions for the management and protection of movement records. The Act introduces new sections to define terms such as "certified printout," "data base," "movement records," and "notified data base," and it includes provisions that prohibit tampering with movement records, with specified penalties for violations. Additionally, the Act makes amendments to the criteria under which entry permits may be granted and clarifies the conditions under which visas may be treated as entry permits.

Scope and Application

The Migration Amendment Act (No. 2) 1988 applies to the amendment of the Migration Act 1958, primarily affecting the entry of non-citizens into Australia and the regulation of their stay. It applies to individuals, including non-citizens, who seek to enter Australia and those who are already in the country without the appropriate documentation. The Act also applies to entities such as airlines and immigration officers who facilitate or enforce the entry and stay of non-citizens. The legislative scope extends to the conduct of individuals entering Australia and the transactions related to their visa and permit applications. Geographically, this Act operates on a Commonwealth level, meaning it applies across the entire country. The Act's provisions may be extended or restricted through subordinate instruments, such as regulations or notices in the Gazette, as seen in the declaration of pre-cleared flights and notified data bases. The Act does not specify any exclusions or exemptions but implies that statutory visitors are not authorised to enter Australia under the conditions it sets forth.

Key Provisions

The Migration Amendment Act (No. 2) 1988 introduces several significant changes to the Migration Act 1958. Section 5d of the Act stipulates that a non-citizen becomes a prohibited non-citizen upon entering Australia unless they hold a valid entry permit or visa, with specific provisions for entry under a visa if certain conditions are met (s 5d(1), (2)). The Act also introduces the concept of 'pre-cleared flights' where travellers can enter Australia as if they have an entry permit if they meet certain criteria (s 6aa(1), (2)). Additionally, the Act allows the Minister to declare certain flights as pre-cleared, providing streamlined entry procedures for travellers on these flights (s 6aa(6)). The Act imposes several obligations on individuals and entities it governs. For instance, non-citizens must ensure they hold a valid entry permit or visa to avoid becoming prohibited non-citizens (s 5d). The Minister's power to declare flights as pre-cleared flights and databases as notified databases adds layers of administrative obligations on the part of the Minister and relevant authorities to ensure compliance (ss 6aa(6), 65ab). The Act also mandates that certain instruments, such as statutory visitor visas, do not entitle the holder to enter Australia, and conditions may be attached to visas (ss 6b(5), 11a(2), (2a)). Failure to comply with the provisions of the Act can lead to various offences and penalties. For instance, tampering with movement records is a strict liability offence, with penalties including a fine of up to $5,000, imprisonment for up to two years, or both (s 65aa(1)). More severe offences, such as altering or deleting movement records, attract a fine of up to $20,000, imprisonment for up to ten years, or both (s 65aa(2)). These penalties underscore the seriousness with which the Act treats the integrity of immigration records and the enforcement of entry requirements.

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Commencement Provisions; Prohibited Conduct; Reporting & Disclosure Obligations; Tampering with movement records; Notified data bases

Interactions

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.

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