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This is a Bill, not an Act. For current law, see the Acts databases.
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
i Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013
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
Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013 1
A Bill for an Act to amend the Migration Act 1958,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Offshore
5
Resources Activity) Act 2013.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013
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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
Amendments Part 1
Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
Part 1
--
Amendments
2
Migration Act 1958
3
1 Subsection 5(1) (at the end of the definition of enter
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Australia)
5
Add:
6
Note:
See also section 9A, which concerns offshore resources activities.
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2 Subsection 5(1) (at the end of the definition of leave
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Australia)
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Add:
10
Note:
See also section 9A, which concerns offshore resources activities.
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3 Subsection 5(1) (at the end of the definition of migration
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zone)
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Add:
14
Note:
See also section 9A, which concerns offshore resources activities.
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4 Subsection 5(1)
16
Insert:
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offshore resources activity has the meaning given by
18
subsection 9A(5).
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5 At the end of section 6
20
Add:
21
Note:
See also subsection 9A(3), which deals with when a person is taken to
22
be in Australia, to travel to Australia, to enter Australia or to leave
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Australia. Section 9A concerns offshore resources activities.
24
6 After section 9
25
Insert:
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Schedule 1 Amendments
Part 1 Amendments
4 Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013
9A Migration zone etc.--offshore resources activities
1
Migration zone etc.
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(1) For the purposes of this Act, a person is taken to be in the
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migration zone while he or she is in an area to participate in, or to
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support, an offshore resources activity in relation to that area.
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Example 1: A person is taken to be in the migration zone under this section if the
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person is on a vessel in an area to participate in an offshore resources
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activity under the Offshore Petroleum and Greenhouse Gas Storage
8
Act 2006 in that area by exploring for, or recovering, petroleum.
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Example 2: A person who is a member of the crew of the vessel is also taken to be
10
in the migration zone under this section if the person is supporting the
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offshore resources activity.
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Example 3: Neither a stowaway on the vessel, nor a person on the vessel because
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the person was rescued at sea, is taken to be in the migration zone,
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because neither is participating in, or supporting, the offshore
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resources activity.
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(2) To avoid doubt, a person may be taken to be in the migration zone
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under subsection (1):
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(a) whether or not the person's participation in, or support of, an
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offshore resources activity in the area concerned has started,
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is continuing or has concluded; and
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(b) whether or not the offshore resources activity concerned has
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started, is continuing or has concluded.
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(3) For the purposes of this Act:
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(a) a person is taken to be in Australia while he or she is taken to
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be in the migration zone because of subsection (1); and
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(b) a person is taken to travel to Australia if the person travels to
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an area in which the person is taken to be in the migration
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zone because of subsection (1); and
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(c) a person is taken to enter Australia when the person enters an
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area in which the person is taken to be in the migration zone
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because of subsection (1); and
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(d) subject to section 80--a person is taken to leave Australia
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when the person leaves an area in which the person is taken
34
to be in the migration zone because of subsection (1).
35
(4) Unless a provision of this Act, or another Act, expressly provides
36
otherwise, this section does not have the effect of extending, for
37
the purposes of another Act, the circumstances in which a person:
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Amendments Schedule 1
Amendments Part 1
Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013 5
(a) is in the migration zone or is taken to be in the migration
1
zone; or
2
(b) is in Australia or is taken to be in Australia; or
3
(c) travels to Australia or is taken to travel to Australia; or
4
(d) enters Australia or is taken to enter Australia; or
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(e) leaves Australia or is taken to leave Australia.
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Meaning of offshore resources activity
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(5) In this section:
8
offshore resources activity, in relation to an area, means:
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(a) a regulated operation (within the meaning of section 7 of the
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Offshore Petroleum and Greenhouse Gas Storage Act 2006)
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that is being carried out, or is to be carried out, within the
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area, except an operation determined by the Minister under
13
subsection (6); or
14
(b) an activity performed under a licence or a special purpose
15
consent (both within the meaning of section 4 of the Offshore
16
Minerals Act 1994) that is being carried out, or is to be
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carried out, within the area, except an activity determined by
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the Minister under subsection (6); or
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(c) an activity, operation or undertaking (however described)
20
that is being carried out, or is to be carried out:
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(i) under a law of the Commonwealth, a State or a
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Territory determined by the Minister under
23
subsection (6); and
24
(ii) within the area, as determined by the Minister under
25
subsection (6).
26
(6) The Minister may, in writing, make a determination for the
27
purposes of the definition of offshore resources activity in
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subsection (5).
29
(7) A determination made under subsection (6) is a legislative
30
instrument, but section 42 (disallowance) of the Legislative
31
Instruments Act 2003 does not apply to the determination.
32
(8) To avoid doubt, for the purposes of subsection (1), a person may
33
participate in, or support, an offshore resources activity in relation
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to an area whether the person:
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(a) is on an Australian resources installation in the area; or
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Schedule 1 Amendments
Part 1 Amendments
6 Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013
(b) is otherwise in the area to participate in, or support, the
1
activity.
2
7 After subsection 41(1)
3
Insert:
4
General rules about conditions
5
8 After subsection 41(2A)
6
Insert:
7
Conditions about offshore resources activity
8
(2B) In addition to any restrictions applying because of regulations
9
made for the purposes of paragraph (2)(b), a condition of a visa
10
that allows the holder of the visa to work is not taken to allow the
11
holder to participate in, or support, an offshore resources activity in
12
relation to any area unless the visa is:
13
(a) a permanent visa; or
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(b) a visa prescribed by the regulations for the purposes of this
15
subsection.
16
Note:
For offshore resources activity, see subsection 9A(5).
17
(2C) To avoid doubt, for the purposes of subsection (2B), a person may
18
participate in, or support, an offshore resources activity in relation
19
to an area whether the person:
20
(a) is on an Australian resources installation in the area; or
21
(b) is, under section 9A, otherwise in the area to participate in, or
22
support, the activity.
23
Additional conditions
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9 Subsection 41(3)
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After "subsection (1),", insert "or in subsection (2B),".
26
Amendments Schedule 1
Application Part 2
Migration Amendment (Offshore Resources Activity) Bill 2013 No. , 2013 7
Part 2
--
Application
1
10 Application
2
(1)
The amendments of the Migration Act 1958 made by Part 1 apply in
3
relation to a person who, on or after the commencement of this
4
Schedule:
5
(a) is in the migration zone, or is taken to be in the migration
6
zone, under that Act (as amended); or
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(b) is in Australia, or is taken to be in Australia, under that Act
8
(as amended); or
9
(c) travels to Australia, or is taken to travel to Australia, under
10
that Act (as amended); or
11
(d) enters Australia, or is taken to enter Australia, under that Act
12
(as amended); or
13
(e) leaves Australia, or is taken to leave Australia, under that Act
14
(as amended).
15
(2)
The amendments of section 41 of the Migration Act 1958 made by
16
Part 1 apply in relation to a visa granted on or after the commencement
17
of this Schedule.
18
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