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Departmental Information

Amendments in relation to special purpose visas, reporting deadlines for ships, and round trip cruises

15 February 2009 Legislation Change

Client summary

The Migration Legislation Amendment Act (No. 1) 2008 (‘Amendment Act’) received Royal Assent on 15 September 2008. From 15 February 2009, items 1, 2, 3, 12, 13, 14, 15, 18, 19 and 20 of Schedule 2 to the Amendment Act will commence by Proclamation.

The items make a range of amendments to strengthen and improve the border protection provisions in the Migration Act 1958 (the ‘Act’) including measures to:

  • clarify when a special purpose visa ceases;
  • clarify that the obligation for operators of aircraft and ships to report applies in relation to each passenger and crew member;
  • replace the set time frames in the Act for reporting on passengers and crew of ships with a power to prescribe time frames in the Migration Regulations 1994;
    and
  • make persons on board international passenger cruise ships travelling on round trip cruises subject to immigration clearance on their return to Australia, unless the Minister or Secretary exempts the persons by determination in writing.

Affected legislation

The following provisions of the Migration Act are amended:

Subsection 33(5);
Subparagraphs 33(5)(a)(i) and (ii);
Subparagraphs 33(5)(b)(i) to (iv);
Paragraphs 245L(2)(a) and (b);
Subsection 245L(5); and
Section 169

Additional information: None.

Application of the new provisions:

The amendments made by items 1, 2 and 3 of Schedule 2 to the Amendment Act apply to special purpose visas on or after 15 February 2009.

The amendments made by items 12 and 13 of Schedule 2 to the Amendment Act apply in relation to a ship or aircraft’s journey from the last port outside Australia begun on or after 15 February 2009.

The amendment made by item 14 of Schedule 2 to the Amendment Act applies in relation to a ship’s journey from the last port outside Australia begun on or after 15 February 2009.

The amendment made by item 15 of Schedule 2 to the Amendment Act describes the application of items 12, 13 and 14 of Schedule 2.

The amendments made by items 18 and 19 of Schedule 2 to the Amendment Act apply in relation to persons who go outside the migration zone on or after 15 February 2009.

The amendment made by item 20 of Schedule 2 to the Amendment Act describes the application of items 18 and 19 of Schedule 2.

Forms: None.

Instructions: PAM3 has been amended to reflect these legislative changes.