Migration Amendment (Offshore Resources Activity) Act 2013
No. 117, 2013
An Act to amend the Migration Act 1958, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments
Migration Act 1958
Part 2—Application
Migration Amendment (Offshore Resources Activity) Act 2013
No. 117, 2013
An Act to amend the Migration Act 1958, and for other purposes
[Assented to 29 June 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Offshore Resources Activity) Act 2013.
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 this Act receives the Royal Assent. | 29 June 2013 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 29 June 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Migration Act 1958
1 Subsection 5(1) (at the end of the definition of enter Australia)
Add:
Note: See also section 9A, which concerns offshore resources activities.
2 Subsection 5(1) (at the end of the definition of leave Australia)
Add:
Note: See also section 9A, which concerns offshore resources activities.
3 Subsection 5(1) (at the end of the definition of migration zone)
Add:
Note: See also section 9A, which concerns offshore resources activities.
4 Subsection 5(1)
Insert:
offshore resources activity has the meaning given by subsection 9A(5).
5 At the end of section 6
Add:
Note: See also subsection 9A(3), which deals with when a person is taken to be in Australia, to travel to Australia, to enter Australia or to leave Australia. Section 9A concerns offshore resources activities.
6 After section 9
Insert:
9A Migration zone etc.—offshore resources activities
Migration zone etc.
(1) For the purposes of this Act, a person is taken to be in the migration zone while he or she is…
Overview
The Migration Amendment (Offshore Resources Activity) Act 2013 was enacted by the Parliament of Australia to amend the Migration Act 1958, addressing the issue of regulating the participation of individuals in offshore resources activities within Australia's migration zone. This Act was designed to ensure that individuals who are in Australia to participate in, or support, offshore resources activities are subject to the same regulations as those within Australia's geographical borders. The primary policy objective of this legislation is to maintain control over who can participate in offshore activities, thus safeguarding national interests and ensuring compliance with immigration laws.
The Act was assented to on 29 June 2013 and came into effect on the same date for most provisions, with others commencing on 29 June 2014. The amendments introduced by this Act apply to individuals who are in the migration zone, in Australia, or travelling to or from Australia on or after the commencement of the Schedule, ensuring that the regulations are uniformly applied to all relevant persons.
Scope and Application
The Migration Amendment (Offshore Resources Activity) Act 2013 amends the Migration Act 1958 to extend the definition of the migration zone to include areas where offshore resources activities occur, thereby impacting the legal status of individuals in such areas. This Act applies to any person who is in the migration zone, in Australia, travels to Australia, enters Australia, or leaves Australia under the amended Migration Act, as well as to visas granted after the commencement of this Schedule. The provisions of this Act apply to individuals who participate in or support offshore resources activities, which are defined as regulated operations or activities under various Acts, including the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Minerals Act 1994. Notably, the Minister has the authority to determine specific activities that fall outside the scope of the definition of offshore resources activities. The Act's amendments impact the interpretation of when a person is considered to be in Australia or to have travelled to, entered, or left Australia for migration purposes, but it explicitly states that these changes do not extend the circumstances under which a person is considered to be in the migration zone or in Australia under other Acts.
Key Provisions
- The Migration Amendment (Offshore Resources Activity) Act 2013 amends the Migration Act 1958 to include provisions specifically concerning offshore resources activities. Section 1 of the Act sets out the definitions relevant to the scope of the amendments, while Section 9A introduces the concept of a person being in the migration zone for the purposes of participating in, or supporting, offshore resources activities (subsection 9A(1)). This includes a person on a vessel in an area where such activities are occurring or a crew member supporting those activities. However, it specifically excludes stowaways or rescued individuals not involved in the activities (subsection 9A(1)). The Act further clarifies that a person may be considered in the migration zone regardless of whether the activity has started, is ongoing, or has concluded (subsection 9A(2)).
- The obligations imposed by this Act on the parties and entities it governs include ensuring that any visa conditions explicitly allow for participation in offshore resources activities if required. Under subsection 41(2B), a visa that permits work is not considered to allow the holder to engage in offshore resources activities unless it is a permanent visa or a visa prescribed by regulations. This applies to activities conducted on Australian resources installations or otherwise within the defined areas (subsection 9A(5)). The Act also mandates that any additional conditions specified in subsection 41(3) apply to these activities (subsection 9A(3)).
- Failure to comply with the provisions of this Act can lead to various consequences. Under the Migration Act 1958, penalties for breaches may include fines and imprisonment. For instance, a person who contravenes the Act by entering or remaining in Australia without the requisite visa or by engaging in activities not permitted by their visa could face criminal charges. The maximum penalties for such offences include fines of up to $27,500 and imprisonment for up to two years, as stipulated in the Migration Act 1958. Furthermore, individuals found to be in breach of these provisions may also face administrative penalties, such as visa cancellation or deportation.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Visa Conditions
- Regulatory Standards
