Migration Amendment (Offshore Resources Activity) Act 2013

Administered by Department of Home Affairs

Legislation au C2013A00117 In force Act

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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Note: This table relates only to the provisions of this Act as originally enacted.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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 in an area to participate in, or to support, an offshore resources activity in relation to that area.

Example 1: A person is taken to be in the migration zone under this section if the person is on a vessel in an area to participate in an offshore resources activity under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 in that area by exploring for, or recovering, petroleum.

Example 2: A person who is a member of the crew of the vessel is also taken to be in the migration zone under this section if the person is supporting the offshore resources activity.

Example 3: Neither a stowaway on the vessel, nor a person on the vessel because the person was rescued at sea, is taken to be in the migration zone, because neither is participating in, or supporting, the offshore resources activity.

(2) To avoid doubt, a person may be taken to be in the migration zone under subsection (1):

(a) whether or not the person’s participation in, or support of, an offshore resources activity in the area concerned has started, is continuing or has concluded; and

(b) whether or not the offshore resources activity concerned has started, is continuing or has concluded.

(3) For the purposes of this Act:

(a) a person is taken to be in Australia while he or she is taken to be in the migration zone because of subsection (1); and

(b) a person is taken to travel to Australia if the person travels to an area in which the person is taken to be in the migration zone because of subsection (1); and

(c) a person is taken to enter Australia when the person enters an area in which the person is taken to be in the migration zone because of subsection (1); and

(d) subject to section 80—a person is taken to leave Australia when the person leaves an area in which the person is taken to be in the migration zone because of subsection (1).

(4) Unless a provision of this Act, or another Act, expressly provides otherwise, this section does not have the effect of extending, for the purposes of another Act, the circumstances in which a person:

(a) is in the migration zone or is taken to be in the migration zone; or

(b) is in Australia or is taken to be in Australia; or

(d) enters Australia or is taken to enter Australia; or

(e) leaves Australia or is taken to leave Australia.

Meaning of offshore resources activity

(5) In this section:

offshore resources activity, in relation to an area, means:

(a) a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that is being carried out, or is to be carried out, within the area, except an operation determined by the Minister under subsection (6); or

(b) an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994) that is being carried out, or is to be carried out, within the area, except an activity determined by the Minister under subsection (6); or

(i) under a law of the Commonwealth, a State or a Territory determined by the Minister under subsection (6); and

(ii) within the area, as determined by the Minister under subsection (6).

(6) The Minister may, in writing, make a determination for the purposes of the definition of offshore resources activity in subsection (5).

(7) A determination made under subsection (6) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

(8) To avoid doubt, for the purposes of subsection (1), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:

(a) is on an Australian resources installation in the area; or

(b) is otherwise in the area to participate in, or support, the activity.

7 After subsection 41(1)

Insert:

General rules about conditions

8 After subsection 41(2A)

Insert:

Conditions about offshore resources activity

(2B) In addition to any restrictions applying because of regulations made for the purposes of paragraph (2)(b), a condition of a visa that allows the holder of the visa to work is not taken to allow the holder to participate in, or support, an offshore resources activity in relation to any area unless the visa is:

(a) a permanent visa; or

(b) a visa prescribed by the regulations for the purposes of this subsection.

Note: For offshore resources activity, see subsection 9A(5).

(2C) To avoid doubt, for the purposes of subsection (2B), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:

(a) is on an Australian resources installation in the area; or

(b) is, under section 9A, otherwise in the area to participate in, or support, the activity.

Additional conditions

9 Subsection 41(3)

After “subsection (1),”, insert “or in subsection (2B),”.

Part 2—Application

10 Application

(1) The amendments of the Migration Act 1958 made by Part 1 apply in relation to a person who, on or after the commencement of this Schedule:

(a) is in the migration zone, or is taken to be in the migration zone, under that Act (as amended); or

(b) is in Australia, or is taken to be in Australia, under that Act (as amended); or

(d) enters Australia, or is taken to enter Australia, under that Act (as amended); or

(e) leaves Australia, or is taken to leave Australia, under that Act (as amended).

(2) The amendments of section 41 of the Migration Act 1958 made by Part 1 apply in relation to a visa granted on or after the commencement of this Schedule.

[Minister’s second reading speech made in—

House of Representatives on 30 May 2013

Senate on 19 June 2013]

(146/13)

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

Interactions

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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