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Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024

The Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024 modifies the existing Migration Regulations 1994 to exempt specific transiting aircraft crew from immigration clearance requirements under Section 166 of the Migration Act 1958. This amendment applies to crew members who are scheduled to depart within 90 minutes of arriving in Australia and remain in the airport transit lounge without exiting.

The aim is to minimise disruptions to flight schedules and reduce unnecessary immigration processing for these crew members. The new regulation allows transiting aircraft crew to bypass immigration clearance if they meet the criteria but still requires them to comply with other entry and reporting requirements. This move will help the Australian Border Force (ABF) allocate resources to higher-risk areas while maintaining border security. The amendment follows temporary COVID-19 measures and is supported by key aviation industry stakeholders.

Additionally, the changes have been assessed as compatible with human rights and do not require a full Impact Analysis, as determined by the Office of Impact Analysis. The regulation begins operation the day after its registration.

Source: Migration-Amendment-Immigration-Clearance-for-Transiting-Aircraft-Crew-Regulations-2024.pdf and 

Migration-Amendment-Immigration-Clearance-for-Transiting-Aircraft-Crew-Regulations-2024-Explanatory-Statement.pdf

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