Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Migration Act 1958, and for other purposes
Administered by: Immigration and Citizenship
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 05 Jun 2013
Introduced HR 30 May 2013
Table of contents.

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Migration Amendment (Offshore Resources Activity) Bill 2013

 

No.      , 2013

 

(Immigration and Citizenship)

 

 

 

A Bill for an Act to amend the Migration Act 1958, and for other purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments                                                                                                    3

Migration Act 1958                                                                                                     3

Part 2—Application                                                                                                       7

 


A Bill for an Act to amend the Migration Act 1958, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Offshore Resources Activity) Act 2013.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Part 1Amendments

Migration Act 1958

1  Subsection 5(1) (at the end of the definition of enter Australia)

Add:

Note:          See also section 9A, which concerns offshore resources activities.

2  Subsection 5(1) (at the end of the definition of leave Australia)

Add:

Note:          See also section 9A, which concerns offshore resources activities.

3  Subsection 5(1) (at the end of the definition of migration zone)

Add:

Note:          See also section 9A, which concerns offshore resources activities.

4  Subsection 5(1)

Insert:

offshore resources activity has the meaning given by subsection 9A(5).

5  At the end of section 6

Add:

Note:          See also subsection 9A(3), which deals with when a person is taken to be in Australia, to travel to Australia, to enter Australia or to leave Australia. Section 9A concerns offshore resources activities.

6  After section 9

Insert:

9A  Migration zone etc.—offshore resources activities

Migration zone etc.

             (1)  For the purposes of this Act, a person is taken to be in the migration zone while he or she is in an area to participate in, or to support, an offshore resources activity in relation to that area.

Example 1: A person is taken to be in the migration zone under this section if the person is on a vessel in an area to participate in an offshore resources activity under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 in that area by exploring for, or recovering, petroleum.

Example 2: A person who is a member of the crew of the vessel is also taken to be in the migration zone under this section if the person is supporting the offshore resources activity.

Example 3: Neither a stowaway on the vessel, nor a person on the vessel because the person was rescued at sea, is taken to be in the migration zone, because neither is participating in, or supporting, the offshore resources activity.

             (2)  To avoid doubt, a person may be taken to be in the migration zone under subsection (1):

                     (a)  whether or not the person’s participation in, or support of, an offshore resources activity in the area concerned has started, is continuing or has concluded; and

                     (b)  whether or not the offshore resources activity concerned has started, is continuing or has concluded.

             (3)  For the purposes of this Act:

                     (a)  a person is taken to be in Australia while he or she is taken to be in the migration zone because of subsection (1); and

                     (b)  a person is taken to travel to Australia if the person travels to an area in which the person is taken to be in the migration zone because of subsection (1); and

                     (c)  a person is taken to enter Australia when the person enters an area in which the person is taken to be in the migration zone because of subsection (1); and

                     (d)  subject to section 80—a person is taken to leave Australia when the person leaves an area in which the person is taken to be in the migration zone because of subsection (1).

             (4)  Unless a provision of this Act, or another Act, expressly provides otherwise, this section does not have the effect of extending, for the purposes of another Act, the circumstances in which a person:

                     (a)  is in the migration zone or is taken to be in the migration zone; or

                     (b)  is in Australia or is taken to be in Australia; or

                     (c)  travels to Australia or is taken to travel to Australia; or

                     (d)  enters Australia or is taken to enter Australia; or

                     (e)  leaves Australia or is taken to leave Australia.

Meaning of offshore resources activity

             (5)  In this section:

offshore resources activity, in relation to an area, means:

                     (a)  a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that is being carried out, or is to be carried out, within the area, except an operation determined by the Minister under subsection (6); or

                     (b)  an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994) that is being carried out, or is to be carried out, within the area, except an activity determined by the Minister under subsection (6); or

                     (c)  an activity, operation or undertaking (however described) that is being carried out, or is to be carried out:

                              (i)  under a law of the Commonwealth, a State or a Territory determined by the Minister under subsection (6); and

                             (ii)  within the area, as determined by the Minister under subsection (6).

             (6)  The Minister may, in writing, make a determination for the purposes of the definition of offshore resources activity in subsection (5).

             (7)  A determination made under subsection (6) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

             (8)  To avoid doubt, for the purposes of subsection (1), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:

                     (a)  is on an Australian resources installation in the area; or

                     (b)  is otherwise in the area to participate in, or support, the activity.

7  After subsection 41(1)

Insert:

General rules about conditions

8  After subsection 41(2A)

Insert:

Conditions about offshore resources activity

          (2B)  In addition to any restrictions applying because of regulations made for the purposes of paragraph (2)(b), a condition of a visa that allows the holder of the visa to work is not taken to allow the holder to participate in, or support, an offshore resources activity in relation to any area unless the visa is:

                     (a)  a permanent visa; or

                     (b)  a visa prescribed by the regulations for the purposes of this subsection.

Note:          For offshore resources activity, see subsection 9A(5).

          (2C)  To avoid doubt, for the purposes of subsection (2B), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:

                     (a)  is on an Australian resources installation in the area; or

                     (b)  is, under section 9A, otherwise in the area to participate in, or support, the activity.

Additional conditions

9  Subsection 41(3)

After “subsection (1),”, insert “or in subsection (2B),”.

Part 2Application

10  Application

(1)       The amendments of the Migration Act 1958 made by Part 1 apply in relation to a person who, on or after the commencement of this Schedule:

                     (a)  is in the migration zone, or is taken to be in the migration zone, under that Act (as amended); or

                     (b)  is in Australia, or is taken to be in Australia, under that Act (as amended); or

                     (c)  travels to Australia, or is taken to travel to Australia, under that Act (as amended); or

                     (d)  enters Australia, or is taken to enter Australia, under that Act (as amended); or

                     (e)  leaves Australia, or is taken to leave Australia, under that Act (as amended).

(2)       The amendments of section 41 of the Migration Act 1958 made by Part 1 apply in relation to a visa granted on or after the commencement of this Schedule.