EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Immigration and Citizenship
Migration Amendment (Border Integrity) Act 2007
Proclamation
Schedules 1, 2 and 3 of the Migration Amendment (Border Integrity) Act 2007 (the amending Act) amend the Migration Act 1958 (the Migration Act). The amendments made by Schedule 1 allow a Ministerial declaration under subsection 33(9) of the Migration Act (which has the effect of ceasing a Special Purpose Visa) to take effect at a specified time (rather than at the end of the day on which it is made). The amendments contained in Schedule 2 allow citizens and certain non-citizens to be immigration cleared by an automated system. The amendments made by Schedule 3 allow New Zealand citizens to be granted a Special Category Visa by an automated system.
Subsection 2(1) of the amending Act provides that Schedules 1, 2 and 3 of the Act commence on a day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of six months beginning on the day the amending Act receives the Royal Assent, they commence on the first day after the end of that period. The amending Act received the Royal Assent on 15 April 2007.
The Proclamation fixes 1 July 2007 as the day on which Schedules 1, 2 and 3 to the amending Act commence.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Australian Customs Service was consulted in relation to the commencement date of the amending Act.