Migration Regulations 1994 - Revocation of instruments under paragraph 3.10(5)(a) - January 2010

Overview

The instrument F2010L00170, enacted in 2010, is a legislative instrument made under the Migration Regulations 1994, specifically addressing the revocation of previously established agreements concerning the provision of information on persons travelling on international flights. The enactment by the relevant authorities aimed to streamline and potentially update existing agreements that had been formalised with international air carriers such as Qantas Airways Limited and Jetstar Airways Pty Limited. The revocation of these instruments was deemed necessary to reflect changes in policy or operational practices, and the instrument was made in accordance with the Legislative Instruments Act 2003, which indicates that such revocations are of a minor or machinery nature and do not significantly alter the existing legislative framework. Consequently, this instrument took effect on 22 January 2010.

Scope and Application

The Migration Regulations 1994, under the authority of the Migration Act 1958, govern the revocation of agreements with international air carriers concerning the provision of information about persons on international flights. Specifically, the instrument IMMI 09/145, which was made under paragraph 3.10(5)(a) of the Regulations, serves to revoke two pre-existing instruments concerning agreements with Qantas Airways Limited and Jetstar Airways Pty Limited. This revocation indicates a cessation in the formal notification of these agreements in the Commonwealth Gazette. The scope of this Act applies to entities such as international air carriers, including Qantas Airways Limited and Jetstar Airways Pty Limited, and encompasses conduct related to the provision of information about individuals on international flights. Given that the Act operates under the framework of the Commonwealth, its jurisdictional reach is national, impacting all entities operating within Australia that are subject to the Migration Regulations 1994. The revocation does not introduce new exclusions or exemptions, but rather signifies a formal administrative update to reflect changes in the agreements or the cessation of certain notification requirements.

Key Provisions

The Migration Regulations 1994, specifically under paragraph 3.10(5)(a), establish a framework for the Commonwealth to enter into agreements with international air carriers regarding the provision of information about persons on international flights. When such agreements are made, the Minister is required to publish a notice in the Gazette (section 3.10(5)(a)). The legislative instrument in question, IMMI 09/145, operates to revoke two such notifications that were previously made concerning agreements with Qantas Airways Limited and Jetstar Airways Pty Limited. This revocation signifies the termination of the notices that were published upon the entry into these agreements. The obligations imposed by this instrument are primarily administrative and notification-based. The key requirement under the Regulations is for the Minister to ensure that any agreements made with international air carriers are duly noted in the Gazette. By revoking the existing notifications, the instrument essentially removes the requirement for ongoing notification of these particular agreements. Since the Legislative Instruments Act 2003 classifies this instrument as minor or of a machinery nature, it does not necessitate further consultation as it does not substantially alter existing arrangements. In terms of compliance and enforcement, the primary consequence of failing to comply with the notification requirement under the Regulations would be the absence of a formal record of the agreement in the Gazette. However, there are no specific offences, penalties, or civil or criminal consequences outlined in the instrument itself for the breach of these notification requirements. The focus of the instrument is on the administrative aspect of revoking existing notifications rather than on punitive measures for non-compliance with the original requirement to notify.