Amendments to the Migration Regulations 1994 in relation to a new infringement notice regime, as an alternative to prosecution under subsection 245N(2) of the Migration Act 1958

15 March 2009 Legislation Change

Client summary

From 15 March 2009, the Migration Regulations 1994 (the ‘Regulations’) are amended to provide for the implementation of an infringement notice regime including a prescribed penalty of 10 penalty units, as an alternative to prosecution, for operators of aircraft and ships who fail to provide the Department of Immigration and Citizenship (DIAC) with information on each passenger and crew member prior to their arrival in Australia. The amendments include three technical amendments to subregulations 5.20(1) and (2).

Affected legislation

The following provisions of the Regulations are amended:

Regulation 5.20, heading is amended;
Subregulation 5.20(1) is amended;
Paragraph 5.20(1)(b) is amended;
Subregulation 5.20(2) is amended;
Subregulation 5.20(3) is added;
Regulation 5.20, note is amended;
Subregulation 5.21(1), definition of offence is amended;
Regulation 5.21, note is amended.

Additional information:

The Migration Legislation Amendment Act (No.1) 2008 inserted paragraph 504(1)(jaa) in the Migration Act 1958 (‘the Act’) to provide the power to prescribe matters relating to the infringement notice regime including a prescribed penalty not exceeding 10 penalty units, as an alternative to prosecution, for the contravention of subsection 245N(2) of the Act. Paragraph 504(1)(jaa) of the Act commences on 15 March 2009 at the same time as these amendments to the Regulations.

Application of the new provisions:

The amendments apply in relation to an offence against subsection 245N(2) of the Act which is alleged to have been committed on or after 15 March 2009.

Forms: None.

Instructions: PAM3 will be amended to reflect these legislative changes.