Amendments to the Regulations to Allow Automated Border Processing
1 July 2007 - Legislation change
Client summary
From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to:
- reflect changes to the Migration Act 1958 made by the Migration Amendment (Border Integrity) Act 2007 which allows Australians and selected non-citizens entering Australia to be immigration cleared by an automated border processing system, prescribed as an authorised system; and
- allow New Zealand citizens who are immigration cleared by an authorised system also to be granted a special category visa by using an authorised system.
Technical details
The following provisions of the Regulations are amended:
- Part 2, Division 2.4, Subregulation 2.16(2)
- Part 3, Division 3.1, Paragraph 3.01(3)(b)
- Part 3, Division 3.1, Subregulation 3.03(1)
- Part 3, Division 3.1, Subregulation 3.03(1A)
- Part 3, Division 3.1, Subregulation 3.03(1B)
- Part 3, Division 3.1, Subregulation 3.03(2)
- Part 3, Division 3.1, Subregulation 3.03(3)
- Part 3, Division 3.1, Subregulaiton 3.03(4)
- Part 3, Division 3.1, Regulation 3.03A
- Part 5, Division 5.3, Paragraph 5.15A(a)
- Schedule 1, subitem 1219(1)
- Schedule 1, subitem 1219(3)
- Schedule 2, Division 444.2, note
- Schedule 2, Division 444.7
Additional information: The Migration Amendment (Border Integrity) Act 2007 commences on 1 July 2007.
Transitional arrangements:
The amendments apply to:
- an application for a subclass 444 (Special Category) visa made on or after 1 July 2007
and - all persons arriving in Australia on or after 1 July 2007.
Forms: Nil
Instructions: PAM3 Schedule 2 Visa 444 and MSI 399 Immigration Clearance are amended to reflect these legislative amendments from 1 July 2007.
Effect on delegations: Nil
Effect on systems: Nil

