Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 2009 (NO. 1) (SLI NO 7 OF 2009) - SCHEDULE 1

(regulation 3)

[1]           After regulation 3.13C

insert

3.13D      Obligation to report on passengers and crew of ships -- reporting periods for journey from last port outside Australia

Journey begun before 15 February 2009

         (1)   For subsection 245L (5A) of the Act, if a ship:

                (a)    begins a journey from the last port outside Australia before 15 February 2009; and

               (b)    arrives at a port in Australia on or after that date;

section 245L of the Act, as in force immediately before 15 February 2009, applies in relation to the ship.

Note    T he Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.

Subsection 245L (5A) permits regulations to be made to prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for the purposes of the new subsection (5).

The effect of subregulation (1) is that the deadline for giving a report on the passengers or crew on the ship is to be worked out in accordance with section 245L of the Act as in force immediately before 15 February 2009, and not in accordance with subregulations (2) and (3).

Journey begun on or after 15 February 2009

         (2)   For paragraph 245L (5) (a) of the Act, if:

                (a)    a ship begins a journey from the last port outside Australia on or after 15 February 2009; and

               (b)    the likely duration of the ship's journey to a port in Australia is at least 96 hours;

the prescribed period is 96 hours.

Note    T he Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.

         (3)   For paragraph 245L (5) (b) of the Act, if:

                (a)    a ship begins a journey from the last port outside Australia on or after 15 February 2009; and

               (b)    the likely duration of the ship's journey to a port in Australia is mentioned in an item of the following table;

the period mentioned in the item is specified.

Note    T he Migration Act 1958 has been amended by provisions of the Migration Legislation Amendment Act (No. 1) 2008 which commenced on 15 February 2009. Subsection 245L (5) of the Migration Act 1958 has been replaced and a new subsection 245L (5A) has been added.