Overview

The instrument, F2013L01074, was enacted in 2013 under the Migration Regulations 1994 and is an amendment to an earlier instrument, IMMI 12/072, which was signed on 7 June 2012. This legislative instrument was introduced to address the need for updating the list of countries whose citizens are eligible for Australia's transit without visa (TWOV) arrangements. It was enacted by the Commonwealth of Australia under the authority of the Legislative Instruments Act 2003. The policy objective is to ensure that transit passengers from specified countries can access the TWOV arrangements, provided they meet certain conditions such as holding a confirmed onward booking and staying in the transit lounge. The instrument specifically amends the list of eligible countries by adding Qatar to the list in clause (a) of the Schedule and removing it from clause (d), thus allowing Qatari citizens to access the TWOV arrangements while excluding Qatari diplomatic passport holders from this exclusion. This change was made after consultation with relevant government departments and agencies, including the Department of Foreign Affairs and Trade, the Australian Federal Police, the Australian Customs and Border Protection Service, and the Australian Security Intelligence Organisation. The instrument does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility and commenced on 1 July 2013.

Scope and Application

The Migration Regulations 1994, specifically referencing paragraph 2.40(1)(n), establish the criteria for transit passengers eligible for a Special Purpose Visa under the Migration Act 1958. This legislation applies to citizens of specified countries who are transit passengers, allowing them to access Australia's transit without visa (TWOV) arrangements. To be eligible, these transit passengers must be from a country listed in the Schedule of the Regulations, hold a confirmed onward booking to leave Australia within 8 hours, possess the necessary documentation to enter their destination country, and remain in the transit lounge during their stopover. Diplomatic passport holders from most countries are also eligible, with specific exceptions outlined in the Regulations. The instrument made under this provision, IMMI 13/053, amends the list of eligible countries by adding Qatar and removing it from the list of excluded diplomatic passport holders, effective from 1 July 2013. This change is part of the broader framework that governs the eligibility of transit passengers under Australia's migration laws.

Key Provisions

The main operative sections of this legislation are paragraph 2.40(1)(n) of the Migration Regulations 1994, which specifies that transit passengers who belong to a class of persons prescribed by Gazette Notice are eligible for a Special Purpose Visa (section 2). The instrument, IMMI 13/053, specifies the list of countries whose citizens are eligible for Australia's transit without visa (TWOV) arrangements (section 4). This instrument, which revokes IMMI 12/072, adds Qatar to the list of eligible countries in clause (a) of the Schedule and removes it from the exclusion list in clause (d) of the Schedule (sections 5 and 6). The Act imposes obligations on transit passengers to ensure they meet the eligibility criteria, such as being from an eligible country, holding a confirmed onward booking within 8 hours, possessing the necessary documentation to enter the destination country, and remaining in the transit lounge (section 4). Diplomatic passport holders from most countries are also eligible, except those from countries listed in clause (d) of the Schedule (section 4). Any breach of the TWOV arrangements by transit passengers could potentially lead to a range of consequences. These might include being denied entry into Australia, facing immigration enforcement actions, or other civil or administrative penalties as determined by the relevant authorities. However, the specific penalties are not detailed in the explanatory statement, and it is likely that they would be determined on a case-by-case basis in accordance with the Migration Act 1958 and other applicable legislation.