Migration Amendment (Border Integrity) Act 2007
No. 62, 2007
An Act to amend the law relating to migration, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Special purpose visas
Migration Act 1958
Schedule 2—Immigration clearance
Migration Act 1958
Schedule 3—Special category visas
Migration Act 1958
Migration Amendment (Border Integrity) Act 2007
No. 62, 2007
An Act to amend the law relating to migration, and for related purposes
[Assented to 15 April 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Border Integrity) Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 15 April 2007 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2007 (see F2007L01792) |
3. Schedules 2 and 3 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2007 (see F2007L01792) |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Special purpose visas
Migration Act 1958
1 Subparagraph 33(5)(a)(iii)
Repeal the subparagraph, substitute:
(iii) if the Minister makes a declaration under subsection (9) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a member—the time when that declaration takes effect;
2 Subparagraph 33(5)(b)(v)
Repeal the subparagraph, substitute:
(v) if the Minister makes a declaration under subsection (9) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a…
Overview
The Migration Amendment (Border Integrity) Act 2007 was enacted by the Parliament of Australia to address concerns regarding the integrity of Australia's border protection processes and to enhance the efficiency of immigration clearance. This legislation amended the Migration Act 1958 to introduce new measures for the presentation of identity evidence by individuals entering or leaving Australia, alongside modifications to the special purpose and special category visas. The amendments include the introduction of authorised systems for immigration clearance, the specification of the types of personal identifiers that can be required from individuals, and the establishment of protocols for the use of these systems. The policy objective underpinning this Act is to fortify the border integrity by ensuring that all individuals entering or leaving Australia comply with specific immigration clearance requirements, thereby improving the overall security and efficiency of Australia's immigration processes.
Scope and Application
The Migration Amendment (Border Integrity) Act 2007 amends the Migration Act 1958 to enhance border integrity measures. This Act applies to all persons, both citizens and non-citizens, who enter Australia, as well as those who leave the migration zone, travel from a port, or are on board vessels departing Australia. The provisions of the Act commenced on the Royal Assent date of 15 April 2007, with certain sections and schedules coming into effect on 1 July 2007. The amendments introduced by Schedules 1 and 2 apply to declarations made and events occurring on or after their respective commencement dates. Schedule 3, which pertains to special category visas, also applies to events occurring on or after the commencement date specified. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its provisions are subject to the regulations that may be made under the Migration Act 1958. These regulations can further define the application and implementation of the Act’s provisions.
Key Provisions
- The Migration Amendment (Border Integrity) Act 2007 introduces several amendments to the Migration Act 1958, primarily concerning special purpose visas, immigration clearance, and special category visas. Section 1 of Schedule 1 modifies subparagraphs 33(5)(a)(iii) and 33(5)(b)(v) to specify that the time when a declaration made by the Minister under subsection 33(9) takes effect is either the time specified by the Minister or the end of the day on which the declaration is made, if no specific time is given. Section 2 of Schedule 1 inserts definitions into subsection 5(1) of the Migration Act 1958, clarifying terms such as "authorised system," "clearance authority," and "clearance officer," and it also alters the definition of "clearance authority" to include eligible passports and authorised systems. Section 3 of Schedule 1 modifies section 166 to mandate that individuals entering Australia must present specific evidence of identity and visas, comply with information requirements, and provide personal identifiers when necessary.
- The Act imposes obligations on both citizens and non-citizens entering Australia, requiring them to present valid identification and comply with immigration clearance procedures. Citizens must present an Australian passport or other prescribed evidence of identity and citizenship, while non-citizens must provide evidence of identity and a valid visa. Non-citizens may also be required to provide personal identifiers under certain circumstances. Furthermore, the Act requires the Minister or Secretary to determine which passports are eligible for use in immigration clearance processes. The obligations also extend to the use of authorised systems for presenting evidence and providing information, which can only be used if the individual holds an eligible passport and meets other specified conditions.
- Breaches of the provisions under the Migration Amendment (Border Integrity) Act 2007 can lead to various civil and criminal consequences. For instance, failing to present required evidence of identity or a valid visa can result in refusal of entry or immigration clearance, refusal to be granted a visa, or other administrative actions. Additionally, the Act includes provisions for the Minister or Secretary to make determinations about eligible passports, which, if not adhered to, can affect the validity of the passports used for immigration clearance. Non-compliance with these provisions can lead to legal actions, fines, or other penalties as stipulated in the Migration Act 1958.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Licensing & Registration