Australian Immigration Daily News

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).

Source: Maritime-Crew-Visas-Bill-2020.pdf and Maritime-Crew-Visas-Bill-2020-Explanatory.pdf

From 1 January 2021, biosecurity officers will be able to issue infringement notices up to $2664 where travellers fail to declare potential high biosecurity risks (like uncanned meat or live plant material) when arriving at Australian international air and sea ports.

Minister for Agriculture, Drought and Emergency Management, David Littleproud, said the Biosecurity Amendment (Traveller Declarations and Other Measures) Bill 2020 was about protecting Australia.

“Our biosecurity system is critical to supporting the health of Australians, the environment and the competitiveness of our agricultural industries,” Minister Littleproud said.

“Australia produces the best agricultural products in the world, but we need to be vigilant to protect Australia from an ever-increasing number of pests and diseases that threaten our country and way of life.”

Source: Dont-be-sorry-just-declare-it.pdf

The purpose of the Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 (the Regulations) is to increase the Federal Circuit Court application fee for migration litigants.

The amendments made by the Regulations do not change who is liable to pay a Federal Circuit Court application fee, but provide that those individuals who are migration litigants are to pay a higher fee. The increase fee is commensurate with the Federal Circuit Court’s placement in Australia’s court hierarchy. The increased fees are also accompanied by a partial fee exemption provision, which allows individuals to pay a reduced fee where paying the full fee would cause financial hardship. The existing full fee exemptions also continues to apply.

 Source: Federal-Court-and-Federal-Circuit-Court-Fees-2020.pdf and Federal-Court-and-Federal-Circuit-Court-fees-2020-Explanatory-Statement.pdf

The instrument repeals Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019 (F2020C00274), made under subregulation 2.07(5) of the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Source: LIN20162.pdf and LIN20162-Explanatory-Statement.pdf

Traveling to and from Australia remains a burdensome process.  Practitioners as well as visa holders struggle with the process of securing successful travel exemptions to facilitate travel.

What is a travel exemption?              

Australia has strict border measures in place to protect the health of the Australian community. Very limited flights are currently available to and from Australia and you may not be able to travel at this time. Travel restrictions are subject to change. Please check back regularly. See: National Cabinet media statement.