Migration Amendment Act 1987

No. 133 of 1987

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 16 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Migration Amendment Act 1987.

(2) In this Act, “Principal Act” means the Migration Act 19581.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 3, 4 and 5 of this Act shall be taken to have come into operation on 16 September 1987.

(3) Sections 6 and 7 and paragraphs 9 (a) and (b) shall come into operation on 1 January 1988.

Non-citizen not to enter Australia without entry permit

3. Section 6 of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) A request under subsection (2) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Cancellation, expiration and renewal of entry permits

4. Section 7 of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) A request under subsection (2) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Visas and return endorsements

5. Section 11a of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) A request under subsection (1) shall be taken not to have been made unless:

(a) the request is in writing in accordance with the relevant form approved by the Minister; and

(b) any fee payable in respect of the request has been paid.”.

Carriage of persons to Australia without documentation

6. Section 11c of the Principal Act is amended:

(a) by omitting from subsection (1) “and charterer” and substituting “, charterer and operator”;

(b) by omitting from subsection (2) “$2,000” and substituting “$3,000”;

(d) by omitting from subsection (5) “or charterer” (wherever occurring) and substituting “, charterer or operator”.

7. After section 34 of the Principal Act the following section is inserted:

Immigration clearance fee

“34a. (1) Where a passenger, other than a prescribed passenger, travels to Australia on an overseas flight, the passenger shall pay the prescribed fee for immigration clearance of that passenger by an officer at the airport at which the passenger intends to enter Australia.

“(2) The fee shall be collected by the international air operator operating the flight.

“(3) The international air operator shall pay to the Commonwealth the amount of the fee payable by a passenger, whether or not the operator has collected that amount from the passenger.

“(4) An amount payable to the Commonwealth by an international air operator under subsection (3) is a debt due to the Commonwealth and may be recovered in a court of competent jurisdiction.

“(5) In proceedings for the recovery of an amount from an international air operator under this section, passenger cards relating to the passengers carried to Australia on an overseas flight operated by that operator, furnished in accordance with the regulations, are prima facie evidence of the number of passengers carried to Australia on that overseas flight and of any matters specified in those cards in relation to those passengers.

“(6) In this section:

‘international air operator’ means a person, organisation or enterprise operating an overseas flight on which passengers are carried or, where that person, organisation or enterprise does not have an office or place of business in Australia, the Australian agent of that person, organisation or enterprise;

‘overseas flight’ means a flight that commenced at, or during which the aircraft called at, a place outside Australia;

‘passenger’ means a person (whether an Australian citizen or not) who travels to Australia as a passenger on an aircraft operated by an international air operator.”.

Proof of certain matters

8. Section 57 of the Principal Act is amended by inserting after paragraph (c) the following paragraph:

“(ca) a list of passengers in a vessel, or a passenger card relating to a passenger in a vessel, furnished in accordance with the regulations, is prima facie evidence that the person named on the list or card as the operator of the vessel is the operator of the vessel;”.

Regulations

9. Section 67 of the Principal Act is amended:

(a) by omitting from paragraph (1) (c) “and” (last occurring); and

(b) by inserting after paragraph (1) (c) the following paragraphs:

“(ca) enabling a person who is alleged to have contravened section 11c to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding $1,500;

(cb) making provision for and in relation to the collection by international air operators of fees under subsection 34a (2);

(cc) making provision for and in relation to the payment by international air operators to the Commonwealth of amounts under subsection 34a (3); and”.

NOTE

1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; and No. 86, 1987.

[Minister’s second reading speech made in—

House of Representatives on 7 October 1987

Senate on 29 October 1987]