Migration Point-in-Time Service Updates

Wednesday 22 May 2019 @ 11.57 a.m.

The Migration Point-in-Time Service has been updated to include the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (Cth) (Act 3 of 2019).

Act 3 of 2019

The Act amends the Migration Act to:

  • Ensure that when an unlawful non-citizen is in the process of being removed to another country under section 198 and the removal is aborted, or the removal is completed but the person is not permitted entry into the receiving country, and as a direct result the person is returned to Australia, then that person has a lawful basis to return to Australia without a visa and ensure that when such a person does return to Australia without a visa, the person will be taken to have been continuously in the migration zone for the purposes of sections 48 and 48A of the Migration Act which bar the person from making a valid application for certain visas.
  • Allow the Department of Home Affairs (the Department) to use an online account such as ImmiAccount to provide clients with certain legally required communications.

The Act amends the Customs Act to:

  • Insert a new provision similar to section 15C of the Taxation Administration Act 1953 to allow the Department to make a recoverable payment to a person whom is entitled to it.
  • Make a technical amendment to section 58A to restore wording that was inadvertently omitted when the provision was repealed and substituted by the Customs Legislation Amendment Act (No. 1) 1999, to ensure this provision operates as intended.
  • Make a technical amendment to the wording of section 208DA to ensure this provision operates as originally intended in relation to the disposal of narcotic-related goods (other than narcotic goods).

The Act amends the PMCC Act to:

  • Insert a new head of power so that regulations can prescribe the charging and recovery of fees for, and in relation to, the payment of passenger movement charge or an amount equal to the charge.

Amendments introduced by Senator Storer and Senator McKim and adopted by the Senate add a Schedule 6 to the Act, which amends the Migration Act 1958 to establish an independent health panel to review the available medical evidence in light of any refusal by the minister to authorise a transfer to Australia for medical reasons.

These amendments have been updated in the Point-in-Time Migration Service current to 21 May 2019. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial