Commonwealth legislation

Migration Act 1958 - Determination - IMMI 14/077

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This determination specifies which offshore energy and mining operations are treated as being outside Australia's migration zone.

When facilities are outside the migration zone, workers on them (such as those on oil rigs or gas platforms) generally cannot apply for Australian visas or seek protection visas (asylum) as if they were on the mainland.

Specifically, this instrument lists two types of operations:

Regulated petroleum operations — activities covered by the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (including oil and gas exploration and extraction)
Licensed offshore mineral activities — operations conducted under licences or special consents granted under the Offshore Minerals Act 1994 (such as seabed mining)

Why this matters: This ensures that modern offshore resource operations are legally treated as outside Australia's migration zone, meaning the immigration rights of workers on these installations are restricted compared to people on the Australian mainland.

JSON API Migration / citizenship

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Migration Act 1958 - Determination - IMMI 14/077.

Migration Act 1958 - Determination - IMMI 14/077

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-generator: Aspose.Words for .NET 20.2

?xml version="1.0" encoding="utf-8" standalone="no"?>

View image in the official source

Commonwealth of Australia

Migration Act 1958

DETERMINATION

(Subsection 9A(6))

I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under subsection 9A(6) of the Migration Act 1958, DETERMINE:

for the purposes of paragraph 9A(5)(a), a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006); and

2. for the purposes of paragraph 9A(5)(b), an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994).

This instrument, IMMI 14/077, commences on the day it is registered on the Federal Register of Legislative Instruments.

Dated 17 July 2014

MICHAELIA CASH

Assistant Minister for Immigration and Border Protection

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.