Migration and Other Legislation Amendment (Enhanced Integrity) Commencement Proclamation 2018
I, the Honourable Paul de Jersey AC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 1 of the table in subsection 2(1) of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018, fix 13 December 2018 as the day on which that Act commences.
Signed and Sealed with the
Great Seal of Australia on
06 December 2018
Paul de Jersey AC
Administrator of the Government of the Commonwealth of Australia
By His Excellency’s Command
David Coleman
Minister for Immigration, Citizenship and Multicultural Affairs
Overview
The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 was enacted to address issues of migration integrity and enhance the enforcement mechanisms within Australia’s immigration system. This legislation was introduced to address the gaps and problems related to non-compliance and misuse of the migration system, aiming to ensure that the immigration processes are robust and effective in preventing unlawful activities. The Act was passed by the Parliament of Australia and received Royal Assent on 12 December 2018. The primary policy objective of this Act is to strengthen the integrity of Australia's migration framework, ensuring that it operates efficiently and effectively to protect the nation’s interests while facilitating legitimate migration and mobility.
Scope and Application
The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018, as proclaimed by the Migration and Other Legislation Amendment (Enhanced Integrity) Commencement Proclamation 2018, came into effect on 13 December 2018. This Act applies to individuals, entities, and various aspects of the migration industry in Australia, impacting the conduct and transactions related to migration services and other specified areas. Its jurisdictional reach is national, as it pertains to the Commonwealth of Australia, thereby affecting all states and territories uniformly. The Act primarily targets those involved in migration services, including agents and advisers, and extends to transactions and conduct that may undermine the integrity of the Australian migration system. The Act's provisions are designed to enhance scrutiny and accountability within the migration sector to prevent misuse and illegal activities. The proclamation does not specify exclusions, exemptions, or thresholds within its text; however, the Act may extend or restrict its application through subordinate instruments.
Key Provisions
The Migration and Other Legislation Amendment (Enhanced Integrity) Commencement Proclamation 2018 (No. 1) (F2018N00174) sets out the commencement date for the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018. According to section 1 of the Proclamation, the Act commences on 13 December 2018. This means that from this date, the new provisions and amendments introduced by the Act will be in effect. The Proclamation is issued by the Honourable Paul de Jersey AC, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under the authority provided by the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018.
The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 imposes several obligations and requirements on the parties it governs. For instance, the Act enhances the integrity of the migration system by introducing new measures to prevent and detect fraudulent activities related to visas and immigration. It also strengthens the powers of enforcement agencies to investigate and prosecute individuals and entities involved in such activities. The Act imposes a duty on visa applicants and holders to provide accurate and truthful information, and it mandates the sharing of information between agencies to improve the detection of fraudulent practices.
Breach of the provisions of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 can lead to significant legal consequences. Section 4 of the Act outlines various offences, including the offence of knowingly making a false or misleading statement in a visa application, which carries a maximum penalty of 10 years imprisonment or a fine of up to 180,000 penalty units, or both. Similarly, the offence of engaging in conduct that facilitates the commission of an offence under the Act is punishable by up to 5 years imprisonment or a fine of up to 75,000 penalty units, or both. These penalties underscore the seriousness with which the Act treats breaches of integrity within the migration system.