Migration Amendment (Offshore Resources Activity) Regulation 2015

Select Legislative Instrument No. 211, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 26 November 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Immigration and Border Protection

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Migration Regulations 1994

1  Name

  This is the Migration Amendment (Offshore Resources Activity) Regulation 2015.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made.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

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

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1  After subregulation 2.05(4AB)

Insert:

 (4AC) For paragraph 41(2B)(b) of the Act, the following visas are prescribed:

 (a) a Subclass 400 (Temporary Work (Short Stay Activity)) visa;

 (b) a Subclass 457 (Temporary Work (Skilled)) visa.

2  At the end of Division 2.1 of Part 2

Add:

2.06AAC  Entry to Australia—persons entering to participate in, or support, offshore resources activities

  For paragraph 43(1)(c) of the Act, the following reason is prescribed:

 (a) the visa held by the visa holder is:

 (i) a permanent visa; or

 (ii) a Subclass 400 (Temporary Work (Short Stay Activity)) visa; or

 (iii) a Subclass 457 (Temporary Work (Skilled)) visa; and

 (b) the holder is a person who will be in an area to participate in, or to support, an offshore resources activity in relation to that area.

Note 1: Paragraph 43(1)(c) of the Act provides that if the holder of a visa that is in effect travels to Australia on a vessel, and a prescribed reason makes it necessary to enter Australia in a way other than at a port, or on a pre‑cleared flight, the visa is permission for the holder to enter Australia in that other way.

Note 2: Paragraph (b)—for the definition of offshore resources activity, see subsection 9A(5) of the Act.

3  At the end of Part 2 of Schedule 9

Add:

11  A person:

 (a) who is an Australian citizen, or holds one of the following types of visa that is in effect:

 (i) a permanent visa;

 (ii) a Subclass 400 (Temporary Work (Short Stay Activity)) visa;

 (iii) a Subclass 457 (Temporary Work (Skilled)) visa; and

 (b) who is taken to enter Australia because paragraph 9A(3)(c) of the Act is satisfied in respect of the person; and

 (c) whose entry has been reported in writing to Immigration