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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
MIGRATION AMENDMENT (NEW MARITIME CREW VISAS) BILL 2020
EXPLANATORY MEMORANDUM
Circulated by authority of Senator the Hon. Kristina Keneally
MIGRATION AMENDMENT (NEW MARITIME CREW VISAS) BILL 2020
OUTLINE
This Bill will amend the Migration Act 1958 to require the Minister to replace the current
Maritime Crew Visa with two new categories of Maritime Crew Visas under Schedule 2 of
the Migration Regulations 1994.
The two new categories of Maritime Crew Visas will include:
an International Seafarers Transit Visa for entering Australia on a continuing
international voyage only (the purpose of the current Maritime Crew Visa); and
an International Seafarers Work Visa, which would permit international seafarers to
be engaged on ships authorised under a Temporary License to undertake coastal
voyages made under the Coastal Trading (Revitalising Australian Shipping) Act 2012.
This Bill requires that foreign maritime crew on 'Flag of Convenience' vessels are subject to
appropriate security screening and background checking to a similar standard that is applied
to Australians subject to a Maritime Security Identification Card (MSIC).
The Australian Government has identified that there are features of Flag of Convenience
registration, regulation and practice that organised crime syndicates or terrorists may seek to
exploit.
Reduced transparency or secrecy surrounding complex financial and ownership arrangements
are factors that can make Flag of Convenience ships more attractive for use in illegal activity,
including by organised crime or terrorist groups.
This means that Flag of Convenience ships may be used in a range of illegal activities
including illegal exploitation of natural resources, illegal activity in protected areas, people
smuggling and facilitating prohibited imports or exports.
This Bill seeks to reduce the risk of foreign crew working on Australia shores with criminal
histories that would be unacceptable under the MSIC scheme.
Amendments moved to the Transport Security Amendment (Serious Crimes) Bill 2019 would
ensure that the legislation would not come into effect until after the passage of this Bill.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. The whole of this Act will commence the day after the Act receives the Royal Assent.
Clause 3 - Schedules
4. Each Act specified in a Schedule to this Act is amended or repealed as is set out in the
applicable items in the Schedule. Any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1 - Amendments
Part 1 - Migration Act 1958
Item 1 - Subsection 38B(1)
6. This item allows for the provision of additional visa subclasses for Maritime crew
entering Australia.
Item 2 - After subsection 38B(1)
7. This item describes the two visa subclasses, including a visa for the members of the
crew of ships entering Australia on a continuing international voyage to a place outside of
Australia, and a visa for the crew of ships authorised under a temporary license to undertake
coastal voyages issued under the Coastal Trading (Revitalising Australian Shipping) Act
2012. It also provides that an applicant for a visa for the crew of ships authorised under a
temporary license to undertake coastal voyages issued under the Coastal Trading
(Revitalising Australian Shipping) Act 2012 must satisfy criteria consistent with any criteria
in the Maritime Transport and Offshore Facilities Security Regulations 2003 concerning
security assessments and criminal history checks of an MSIC applicant.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
MIGRATION AMENDMENT (NEW MARITIME CREW VISAS) BILL 2020
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill will amend the Migration Act 1958 to require the Minister for Home Affairs (or the
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs) to replace
the current Maritime Crew Visa with two new categories of Maritime Crew Visas under
Schedule 2 of the Migration Regulations 1994.
The two new categories of Maritime Crew Visa will include:
an International Seafarers Transit Visa for entering Australia on a continuing
international voyage only (the purpose of the current Maritime Crew Visa); and
an International Seafarers Work Visa, which would permit international seafarers to
be engaged on ships authorised under a Temporary License to undertake coastal
voyages made under the Coastal Trading (Revitalising Australian Shipping) Act 2012.
This Bill requires that foreign maritime crews on 'Flag of Convenience' vessels are subject to
appropriate security screening and background checking to a similar standard that is applied
to Australians subject to a Maritime Security Identification Card (MSIC).
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator the Hon. Kristina Keneally