Explanatory Statement
Issued by the Authority of the Minister for Immigration and Citizenship
Migration Legislation Amendment (Worker Protection) Act 2008
Proclamation
The purpose of the Migration Legislation Amendment (Worker Protection) Act 2008 (the ‘Amendment Act’) is to enhance the framework for the sponsorship of non-citizens seeking entry to Australia.
Item 2 of the table in subsection 2(1) of the Amendment Act provides that Schedules 1 and 2 to the Amendment Act commence on a single day to be fixed by Proclamation. However, if any of the provisions do not commence within the period of nine months beginning on the day on which the Amendment Act receives the Royal Assent, they commence on the first day after the end of that nine month period. The Amendment Act received the Royal Assent on 18 December 2008.
The Proclamation fixes 14 September 2009 as the day on which Schedules 1 and 2 to the Amendment Act commence.
Schedule 1 of the Act amends the Migration Act 1958. The amendments made by Schedule 1 enhance the framework for the sponsorship of non-citizens seeking entry to Australia by providing a structure for better defined sponsorship obligations for employers, improving information sharing across all levels of government and expanding powers to monitor and investigate possible non-compliance by sponsors, introducing civil penalties for sponsors found in breach of their obligations.
Schedule 2 of the Act makes amendments to the Taxation Administration Act 1953 to enable disclosure of information by the Commissioner of Taxation to a migration officer which is relevant to the administration of the new sponsorship framework.
Schedules 1 and 2 include provisions which provide for matters which may be prescribed in regulations. The commencement date for Schedules 1 and 2 coincides with the proposed commencement date for those regulations.
Schedules 1 and 2 commence on 14 September 2009, rather than the default commencement of 19 September 2009 (being the first day after the end of the period of nine months beginning on the day the Act received the Royal Assent) for systems and administrative reasons.
The Proclamation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.