Migration Amendment (Border Integrity) Act 2007

The Migration Amendment (Border Integrity) Act 2007 (the Border Integrity Act) amends the Migration Act 1958 (the Migration Act). The Border Integrity Act received royal assent on 15 April 2007 and commences on proclamation. Proclamation is on 1 July 2007.

The Border Integrity Act amends the Migration Act to:

• provide that a special purpose visa may cease at a time specified by the Minister where the Minister has made a declaration under subsection 33(9) of the Migration Act that it is undesirable for that special purpose visa holder, or class of special visa holders, to travel to and enter or remain in, Australia
• enable citizens and selected non-citizens in immigration clearance, who are arriving and departing Australia, to have their identity and their Australian citizenship status or visa verified by an automated system instead of by an officer
• provide that the evidence required to be presented (that is, shown but not for the purposes of collection) by non-citizens as proof of their identity, their visa that is in effect and their lawful status, may include a ‘personal identifier’ for the purposes of the Migration Act
• provide that other information that may be required to be provided (ie for collection) by the Migration Act or the Migration Regulations 1994 may include a signature but not any other personal identifier
  and
• enable certain New Zealand citizens arriving in Australia to be granted a special category visa in immigration clearance by an automated system, instead of an officer.

Technical details

Schedule 1 of the Border Integrity Act amends the following provisions of the Migration Act:

• Subparagraph 33(5)(a)(iii)
• Subparagraph 33(5)(b)(v)
• Creates new subsection 33(5A)

Schedule 2 of the Border Integrity Act amends the following provisions of the Migration Act:

• Subsection 5(1)
• Creates new subsection 5(1B)
• Paragraph 5B(c)
• Section 165
• Section 166
• Paragraph 167(3)(b)
• Paragraphs 170(1)(a) and (b)
• Subsection 170(2)
• Subsection 170(2A)
• Subsection 170(3)
• Paragraph 171(a)
• Subparagraphs 172(1)(a)(iii) and (b)(iii)
• Paragraph 172(2)(a)
• Paragraph 172(3)(b)
• Paragraphs 175(1)(a) and (b)
• Subsection 175(2)
• Creates new subsection 175(2AA)
• Subsection 175(2A)
• Subsection 175(3)
• Creates new section 175A
• Paragraphs 188(1)(a) and (b)
• Subsection 188(4)
• Subsection 188(4A)
• Subsection 188(5)
• Subparagraphs 190(1)(b)(ii) to (iii)
• Subparagraph 191(1)(c)(i)
• Subsection 258C(1)

Schedule 3 of the Border Integrity Act amends the following provisions of the Migration Act:

• Subparagraph 32(2)(a)(i)
• Creates new subsection 32(3)
• Section 99
• Section 100
• Section 101
• Paragraph 101(b)
• Section 103
• Paragraph 105(1)(a)
• Subsection 105(1)

Additional information: Nil

Related amendments to the Migration Regulations 1994 (the Regulations):

The Regulations will be amended in relation to special category visas for certain New Zealand citizens, and in relation to immigration clearance. The amended Regulations are proposed to commence on 1 July 2007.

Application of the new provisions:

• Schedule 1 of the Border Integrity Act applies to declarations made under subsection 33(9) of the Act on or after 1 July 2007.
• Schedule 2 of the Border Integrity Act applies to the following people :
  • persons who enter Australia on or after 1 July 2007
  • persons who go outside the migration zone on or after 1 July 2007
  • persons who travel, or appear to intend to travel, from a port on or after 1 July 2007
  • persons who are on board, or about to board, vessels that are to leave Australia (whether or not after calling at places in Australia ) on or after 1 July 2007.

• As there is no express provision relating to the application of Schedule 3, it applies to applications for a special category visa made by eligible New Zealand citizens on or after 1 July 2007.

Forms: Policy forms V10 & V14 – These forms allow the delegated officer to cease and revoke a subsection 33(9) declaration respectively. They are amended to specify a time in the declaration as the time at which the declaration comes into effect.

Instructions: PAM3 Special Purpose Visas, MSI 399 Immigration clearance, and MSI 383 Passenger Cards, are amended to reflect these legislative amendments from 1 July 2007.

Effect on delegations: Nil

Effect on systems: Nil