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.
Overview
The Migration Amendment (Border Integrity) Act 2007 was enacted to address issues related to border integrity, specifically targeting the cessation of Special Purpose Visas, the introduction of automated immigration clearance systems, and the facilitation of Special Category Visas for New Zealand citizens. The Act was passed by the Parliament of Australia and received Royal Assent on 15 April 2007, with a Proclamation issued to set the commencement date for its schedules on 1 July 2007. The policy objective of the Act is to enhance the efficiency and effectiveness of immigration processes by enabling Ministerial declarations to take effect at specified times, allowing automated systems for immigration clearance of citizens and certain non-citizens, and streamlining the visa process for New Zealand citizens through automation. The Australian Customs Service was consulted regarding the timing of the Act’s commencement.
Scope and Application
The Migration Amendment (Border Integrity) Act 2007 applies to the provisions of the Migration Act 1958 by introducing significant amendments aimed at enhancing border security and visa management. Specifically, the Act allows for Ministerial declarations to cease Special Purpose Visas at a specified time, rather than immediately upon declaration, which provides greater flexibility in managing visa cessation. Furthermore, it introduces the ability for citizens and certain non-citizens to be cleared through an automated system, streamlining the immigration clearance process and potentially reducing the administrative burden on border officials. Additionally, it permits New Zealand citizens to be granted Special Category Visas via an automated system, reinforcing the streamlined approach to visa processing for eligible citizens. The Act applies nationally across Australia and is effective from 1 July 2007, as proclaimed under the Legislative Instruments Act 2003. The commencement date was determined after consultation with the Australian Customs Service to ensure alignment with operational readiness.
Key Provisions
The Migration Amendment (Border Integrity) Act 2007 makes significant changes to the Migration Act 1958. Key provisions include the ability to specify the effective date of a Ministerial declaration under subsection 33(9) of the Migration Act, which can cease a Special Purpose Visa (Schedule 1). Additionally, it introduces the ability for citizens and certain non-citizens to be cleared for immigration via an automated system (Schedule 2), and similarly allows New Zealand citizens to be granted a Special Category Visa through an automated system (Schedule 3). These schedules came into effect on 1 July 2007, as declared by a Proclamation issued under the Legislative Instruments Act 2003.
The Act imposes specific obligations on various parties, including the Minister for Immigration and Citizenship, who now has the authority to specify when a Ministerial declaration will take effect (Schedule 1). Furthermore, it requires the implementation of automated systems for immigration clearance, which must be capable of processing applications from citizens and certain non-citizens, as well as New Zealand citizens seeking a Special Category Visa (Schedules 2 and 3). The Australian Customs Service was consulted during the process of determining the commencement date of these amendments.
Failure to comply with the provisions of the Migration Amendment (Border Integrity) Act 2007 may result in various civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed within the explanatory statement, it is clear that the Act aims to ensure border integrity and efficient immigration processing. The penalties for breaches of the Migration Act 1958 generally include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the offence. The Act's provisions are designed to support and enhance the administration of Australia's immigration laws.