Migration Amendment (Maritime Crew) Act 2007

Administered by Department of Home Affairs

Legislation au C2007A00073 In force Act

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No. 73, 2007

An Act to amend the Migration Act 1958, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Main amendments

Migration Act 1958

Part 2—Amendments contingent on the Migration Amendment (Visa Integrity) Act 2007

Migration Act 1958

Migration Amendment (Visa Integrity) Act 2007

Migration Amendment (Maritime Crew) Act 2007

No. 73, 2007

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 28 May 2007]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Migration Amendment (Maritime Crew) 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.	28 May 2007
2. Schedule 1, Part 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 F2007L01795)
3. Schedule 1, items 15 and 16	At the same time as the provision(s) covered by table item 2. However, if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at or before that time, the provision(s) do not commence at all.	1 July 2007
4. Schedule 1, item 17	Immediately after the provision(s) covered by table item 2. However, if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 do not commence at the same time as or before the provisions covered by table item 2 commence, the provision(s) do not commence at all.	Does not commence
5. Schedule 1, item 18	Immediately before the commencement of item 4 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007. However, if that item commences at the same time as or before the provisions covered by table item 2 commence, item 18 of Schedule 1 to this Act does not commence at all.

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—Amendments

Part 1—Main amendments

Migration Act 1958

1 Subsection 5(1)

Insert:

maritime crew visa has the meaning given by section 38B.

2 At the end of subsection 29(1)

Add:

Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).

3 Subsection 31(2)

Omit “and 38”, substitute “, 38 and 38B”.

4 Subsection 31(3)

Omit “or 37A”, substitute “, 37A or 38B”.

5 After section 38A

Insert:

38B Maritime crew visas

(1) There is a class of temporary visas to travel to and enter Australia by sea, and to remain in Australia, to be known as maritime crew visas.

(2) Subject to subsection 43(1B), a maritime crew visa held by a non‑citizen does not grant the non‑citizen permission to travel to or enter Australia by air.

Note: However, a non‑citizen might also hold another class of visa that allows the non‑citizen to travel to and enter Australia by air.

(3) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia, or remain in Australia.

(4) If the Minister makes a declaration under subsection (3) in relation to a person, or a class of persons of which a person is a member, a maritime crew visa held by that person ceases to be in effect:

(a) if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect—at the time so specified; or

(b) if the Minister does not specify such a time in the declaration—at the end of the day on which the declaration is made.

Note: A maritime crew visa can also cease to be in effect under other sections (see for example section 82).

(5) If the Minister revokes a declaration made under subsection (4), the Minister is taken never to have made the declaration.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a declaration made under subsection (4).

(6) Despite subsection (5), any detention of the non‑citizen that occurred during any part of the period:

(a) beginning when the Minister made the declaration; and

(b) ending at the time of the revocation of the declaration;

is lawful and the non‑citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.

6 At the end of subsection 42(1)

Add:

Note: A maritime crew visa is generally permission to travel to Australia only by sea (see section 38B).

7 Subsection 43(1)

Omit “subsection (3)”, substitute “subsections (1A) and (3)”.

8 After subsection 43(1)

Insert:

(1A) Subject to the regulations, a maritime crew visa that is in effect is permission for the holder to enter Australia:

(a) at a proclaimed port; or

(b) if the health or safety of a person, or a prescribed reason, make it necessary to enter Australia in another way, that way; or

(1B) Despite subsections 38B(1) and (2):

(a) the holder of a maritime crew visa may enter Australia as mentioned in paragraph (1A)(b) by air; and

(b) the authorised officer may, for the purposes of paragraph (1A)(c), authorise the holder to enter Australia by air.

9 After subsection 82(2)

Insert:

(2AA) Despite subsection (2):

(a) a maritime crew visa held by a non‑citizen does not cease to be in effect if a substantive visa for the non‑citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection comes into effect; and

(b) a substantive visa held by a non‑citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection does not cease to be in effect if a maritime crew visa for the non‑citizen comes into effect.

10 Subsection 82(3)

After “special purpose visa”, insert “or a maritime crew visa”.

11 After subsection 229(1)

Insert:

(1A) A person commits an offence if:

(a) the person is a master, owner, agent, charterer or operator of an aircraft; and

(b) the person brings a non‑citizen into Australia by air on the aircraft; and

12 Subsection 229(3)

After “(1)”, insert “or (1A)”.

13 After subsection 229(5)

Insert:

(5A) It is a defence to a prosecution for an offence against subsection (1A) in relation to the bringing of a non‑citizen into Australia on an aircraft if it is established that:

(a) the non‑citizen was, when he or she boarded or last boarded the aircraft for travel to Australia, in possession of evidence of another class of visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:

(i) did not appear to have been cancelled; and

(ii) was expressed to continue in effect until, or at least until, the date of the non‑citizen’s expected entry into Australia; or

(b) the aircraft entered Australia from overseas only because of:

(i) the illness of a person on board the aircraft; or

(ii) stress of weather; or

(iii) other circumstances beyond the control of the master.

14 Subsection 229(6)

After “subsection (5)”, insert “or (5A)”.

Part 2—Amendments contingent on the Migration Amendment (Visa Integrity) Act 2007

Migration Act 1958

15 Section 173

Before “If”, insert “(1)”.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at the same time as or before Part 1 of this Schedule commences.

16 At the end of section 173

Add:

(1A) A maritime crew visa held by a non‑citizen does not cease to be in effect under subsection (1) if:

(a) the non‑citizen travels to and enters Australia by air; and

(b) at the time the non‑citizen travels to and enters Australia, the non‑citizen holds another class of visa that is in effect.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commence at the same time as or before Part 1 of this Schedule commences.

17 After subsection 173(1)

Insert:

(1A) A maritime crew visa held by a non‑citizen does not cease to be in effect under subsection (1) if:

(a) the non‑citizen travels to and enters Australia by air; and

(b) at the time the non‑citizen travels to and enters Australia, the non‑citizen holds another class of visa that is in effect.

Note: This item does not commence at all if items 4 and 5 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 do not commence at the same time as or before Part 1 of this Schedule commences.

Migration Amendment (Visa Integrity) Act 2007

18 Item 4 of Schedule 1

Repeal the item.

Note: This item does not commence at all if item 4 of Schedule 1 to the Migration Amendment (Visa Integrity) Act 2007 commences at the same time as or before Part 1 of this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 15 February 2007

Senate on 1 March 2007]

(14/07)

Overview

The Migration Amendment (Maritime Crew) Act 2007 was enacted to address the gap in visa regulations for maritime crew members entering Australia. The Act amends the Migration Act 1958 to introduce a new category of temporary visa specifically for maritime crew, known as maritime crew visas. This category of visa permits individuals to travel to and enter Australia by sea and to remain in Australia temporarily. The primary objective of this Act, as stated in the Minister's second reading speech, is to clarify and regulate the conditions under which maritime crew members can enter Australia, ensuring that these individuals are subject to specific maritime entry conditions while also providing the Minister with the authority to declare certain individuals or classes of persons undesirable to travel to, enter, or remain in Australia. The Act was assented to on 28 May 2007 and commenced on 1 July 2007, with certain provisions contingent on the commencement of other related Acts. The enacting body was the Parliament of Australia, which sought to provide a clear legislative framework for maritime crew members entering the country by sea, thereby addressing specific concerns related to maritime migration and ensuring compliance with Australian immigration laws.

Scope and Application

The Migration Amendment (Maritime Crew) Act 2007 amends the Migration Act 1958 to introduce a new class of temporary visas for maritime crew, known as maritime crew visas. These visas are specifically designed to allow non-citizens to travel to and enter Australia by sea, with the added benefit of remaining in Australia. This legislation is applicable to non-citizens who seek to enter Australia as maritime crew members and imposes certain restrictions on their mode of entry, primarily prohibiting air travel unless they hold another class of visa that permits such travel. The Act also provides the Minister with the authority to declare that it is undesirable for certain individuals or classes of persons to travel to, enter, or remain in Australia, leading to the cessation of their maritime crew visa. The Act applies on a national level, as it amends the Commonwealth Migration Act 1958. The scope of the Act is primarily focused on maritime crew members and their visa status, with specific provisions addressing their entry methods and the conditions under which their visas can be affected. The Act does not explicitly state exclusions or exemptions but implies that other visa categories may apply to non-maritime crew members. The application of the Act can be further defined or restricted through subordinate instruments, such as regulations or legislative instruments, which may provide additional details or specific circumstances under which the provisions of the Act apply.

Key Provisions

The Migration Amendment (Maritime Crew) Act 2007 introduces a new class of temporary visas, known as maritime crew visas, which allow non-citizens to travel to and enter Australia by sea and to remain in the country (section 38B). This visa class is specifically designed for maritime crew members and generally does not permit entry by air, although exceptions are possible if the individual holds another class of visa allowing air travel (subsection 38B(2)). The Act also amends existing sections of the Migration Act 1958 to integrate maritime crew visas into the legislative framework, including references to these visas in sections 5(1), 29(1), 31(2), 31(3), 42(1), 43(1), 82(2), 82(3), and 229(1). The Act imposes several obligations on parties involved with maritime crew visas. For instance, the Minister for Immigration and Citizenship has the authority to make declarations that it is undesirable for certain individuals or classes of individuals to travel to, enter, or remain in Australia, which would result in the cessation of their maritime crew visas (subsection 38B(4)). Additionally, the Act requires that maritime crew visas only permit entry through proclaimed ports or in exceptional circumstances where health, safety, or other prescribed reasons necessitate a different entry method, or where an authorised officer has authorised an alternative entry method (subsections 43(1A) and 38B(8)). Furthermore, maritime crew visas must not be affected by the commencement of certain other substantive visas, as specified by the Minister through legislative instruments (subsections 82(2AA) and 229(1A)). Non-compliance with the provisions of the Migration Amendment (Maritime Crew) Act 2007 can result in various penalties. For example, section 229(1A) imposes an offence on masters, owners, agents, charterers, or operators of aircraft who bring non-citizens into Australia by air if the non-citizens hold maritime crew visas. This offence carries a penalty, although the specific penalty is not detailed in the provided text. Additionally, subsection 229(5A) outlines defences available in prosecutions under subsection 229(1A), such as when the non-citizen holds evidence of another effective visa or when the aircraft's entry into Australia was due to uncontrollable circumstances like illness on board or adverse weather. The specific penalties for breaches of the Act are not outlined in the provided text, but generally, penalties for breaches of migration legislation can include fines and imprisonment.

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Reporting & Disclosure Obligations

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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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