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
Overview
The Migration Regulations 1994 Passenger Card Drop Boxes 2015, introduced to streamline the departure process for travellers who have been processed and cleared by the SmartGate ABP system, represents an effort to enhance operational efficiency. The Instrument, enacted under subparagraph 3.01(3)(c)(ii) of the Migration Regulations 1994, allows individuals departing Australia who have been cleared by the SmartGate ABP system to deposit their completed passenger card into a designated drop box instead of submitting it manually to an officer or an authorised system. This change was made in consultation with relevant departments to ensure it aligned with existing functions and powers without altering their scope. The policy objective is to provide a convenient alternative for passengers, reducing the need for manual card collection and thereby improving the departure experience. The Instrument is subject to disallowance and has been reviewed for compatibility with human rights, concluding that it does not engage any applicable rights or freedoms.
Scope and Application
The Passenger Card Drop Boxes 2015 legislative instrument applies to individuals departing Australia who have been processed and cleared by the SmartGate ABP system, an authorised system under section 495A of the Migration Act 1958. The instrument specifies that these individuals may deposit their completed passenger cards into a drop box located after the Departures SmartGate, instead of providing it to an officer or an authorised system. This provision is intended to streamline the departure process for those cleared by the SmartGate ABP system. The instrument operates under subparagraph 3.01(3)(c)(ii) of the Migration Regulations 1994 and is applicable nationwide, reflecting changes necessary for the implementation of Departures SmartGates. The Department engaged in consultations with internal and external stakeholders to ensure the amendment did not alter the scope of related functions and powers under the regulations. The instrument is subject to disallowance under section 42 of the Legislative Instruments Act 2003 and has been declared compatible with human rights as per the Statement of Compatibility with Human Rights.
Key Provisions
The main operative sections of this legislation, under subparagraph 3.01(3)(c)(ii) of the Migration Regulations 1994, allow for an alternative method of submitting passenger cards for individuals who have been processed and cleared by the SmartGate Automated Border Processing (ABP) system. Specifically, section (2) permits these individuals to deposit their completed passenger card into a drop box located after the Departures SmartGate, instead of providing it to an officer or an authorised system.
The Act imposes specific obligations on the parties involved, primarily ensuring that the alternative method of submitting passenger cards does not interfere with the integrity and security of the departure process. By allowing individuals who have been processed and cleared by the SmartGate ABP system to use drop boxes, the Act streamlines the departure process and reduces the need for manual intervention.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the regulations. However, the Act is subject to disallowance under section 42 of the Legislative Instruments Act 2003, and a Statement of Compatibility with Human Rights has been provided to ensure compliance with human rights standards. While the Act does not specify any penalties for non-compliance, any breach of the Migration Regulations 1994 could result in enforcement actions as prescribed under the relevant sections of the Migration Act 1958.