Introduction of Maritime Crew Visa
1 July 2007 - Legislation change
Client summary
The Migration Amendment (Maritime Crew) Act 2007 (‘the Amending Act’) amends the Migration Act 1958 (‘the Act’) to create a new class of visa to be known as a maritime crew visa (‘MCV’). The Amending Act received royal assent on 28 May 2007 and will commence by Proclamation on 1 July 2007.
The Amending Act:
- creates the new MCV class
- permits MCV holders to enter Australia by sea only unless authorised to enter in another way
- enables an MCV to be held with certain other substantive visas
- enables an MCV to be ceased if the Minister declares that it is undesirable for the holder (or a class of persons of which the holder is a member) to travel to and enter Australia by sea, or to remain in Australia
- makes it an offence to bring to Australia by air a non-citizen who only holds
an MCV
and - makes other minor and technical amendments associated with the introduction of the MCV.
The new MCV replaces the special purpose visas that are currently granted by operation of law to crew of non-military ships and their spouses and dependent children. The application process for the new MCV will allow timelier and more rigorous security checking to be undertaken before a MCV is granted.
Technical details
The following provisions of the Act are inserted or amended:
- subsection 5(1)
- section 29
- subsections 31(2) and 31(3)
- section 38B
- section 42
- section 43
- section 82
- section 173
- section 229
Additional information:
Related amendments to the Migration Regulations 1994 (the Regulations):
The criteria for the new MCV is prescribed in the Regulations which also commence on 1 July 2007 subject to the transitional arrangements outlined below. Details of these regulations are provided in a separate Notice of Legislative Change.
See:
Maritime crew visa Regulations
Transitional arrangements:
There will be a transitional period from 1 July 2007 to 31 December 2007 to enable crew of non-military ships and their spouses and dependent children to continue to access the existing special purpose visa arrangements. This will assist the shipping industry to adjust to the new visa arrangements. From 1 January 2008, the MCV is mandatory. Crew and spouse and dependent children who arrive without a MCV or another visa will not have permission to enter Australia.
Forms: Nil
Instructions: PAM3 will reflect these legislative amendments from 1 July 2007.
Effect on delegations:
The Minister’s power under subsection 38B(3) of the Act to cease an MCV by declaration has been delegated to certain officers within the Department of Immigration and Citizenship, the Australian Customs Service and the Australian Federal Police. Legislative instruments have also been made under subsection 82(2AA) to allow a MCV to be in effect at the same time as certain other specified visas.
Effect on systems: ICSE, Trips and Customs systems will be updated to reflect these amendments.