EXPLANATORY STATEMENT
Migration Regulations 1994
PASSENGER CARD DROP BOXES 2015
(Subparagraph 3.01(3)(c)(ii))
- The Instrument is made under subparagraph 3.01(3)(c)(ii) of the Migration Regulations 1994 (the Regulations).
2. The operation of the Instrument is to specify that if a person is departing Australia, and at the time of the departure the person has been processed and cleared by the SmartGate ABP system, which is an authorised system under section 495A of the Migration Act 1958 (the Act), the person may deposit their completed passenger card from that departure into a drop box located after the Departures SmartGate, instead of providing it to an officer or an authorised system.
3. The purpose of the Instrument is to provide an alternative to the manual collection of completed passenger cards for SmartGate ABP system cleared persons, departing Australia, through the provision of a drop box.
4. The Department consulted both internally and with other Commonwealth Departments prior to making the relevant amendments to the Migration Regulations in 2014. This was to ensure that the amendment did to not change the scope of the related functions performed and powers exercised under the relevant regulations but rather reflected necessary changes to enable implementation of Departures SmartGates. The Department continues to engage directly with affected internal and external stakeholders and through relevant interdepartmental working groups and committees.
5. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16357).
7. This Instrument, number IMMI 15/102, commences on 1 July 2015.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Migration Regulations 1994
PASSENGER CARD DROP BOXES 2015
(Subparagraph 3.01(3)(c)(ii))
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument is made under subparagraph 3.01(3)(c)(ii) of the Migration Regulations 1994. The operation of the Legislative Instrument is to specify that if a person has been processed and cleared by the SmartGate ABP system, the person may deposit their completed passenger card from that departure into a drop box located after the Departures SmartGate instead of providing it to an officer or an authorised system.
The purpose of the Legislative Instrument is to provide an alternative to the manual collection of completed passenger cards for SmartGate ABP cleared persons departing Australia, instead of providing it to an officer or an authorised system.
Human rights implications
The Legislative Instrument changes the manner in which departing passengers will present their passenger card. It does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Peter Dutton MP, Minister for Immigration and Border Protection