Explanatory Statement
Issued by the Authority of the Minister for Immigration and Citizenship
Migration Amendment (Maritime Crew) Act 2007
Proclamation
Schedule 1 of the Migration Amendment (Maritime Crew) Act 2007 (‘the amending Act’) amended the Migration Act 1958 (‘the Act’) to create a new maritime crew visa (MCV). The MCV is a temporary visa for travel and entry to Australia by sea. The MCV replaces special purpose visas which are granted to foreign crew of non-military ships, foreign crew of ships being imported into Australia, foreign supernumerary crew and the spouses and dependent children of such crew. Schedule 1 of the amending Act also makes other amendments to implement the new MCV.
Item 2 of the table in subsection 2(1) of the amending Act provides that Part 1 of Schedule 1 to that Act commences on a day to be fixed by Proclamation. If any of the provision(s) do not commence within the period of six months beginning on the day on which the amending Act receives Royal Assent, they commence on the first day after the end of that six month period. The amending Act received Royal Assent 28 May 2007.
Part 2 of Schedule 1 of the amending Act does not commence on proclamation. The commencement of Part 2 of Schedule 1 is contingent on whether the Migration Amendment (Visa Integrity) Act 2007 (‘Visa Integrity Act’) commences before or after Schedule 1, Part 1 of the amending Act. This contingency is necessary as the amending Act and the Visa Integrity Act are both amending section 173 of the Act.
The Proclamation fixes 1 July 2007 as the day on which Part 1 of Schedule 1 to the amending Act commences.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.