Migration Act 1958

For the purposes of this Act, a person is taken to be in the migration zone while he or she is in an area to participate in, or to support, an offshore resources activity in relation to that area.

A person is taken to be in the migration zone under this section if the person is on a vessel in an area to participate in an offshore resources activity under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 in that area by exploring for, or recovering, petroleum.

A person who is a member of the crew of the vessel is also taken to be in the migration zone under this section if the person is supporting the offshore resources activity.

Neither a stowaway on the vessel, nor a person on the vessel because the person was rescued at sea, is taken to be in the migration zone, because neither is participating in, or supporting, the offshore resources activity.

To avoid doubt, a person may be taken to be in the migration zone under subsection (1):

whether or not the person’s participation in, or support of, an offshore resources activity in the area concerned has started, is continuing or has concluded; and

whether or not the offshore resources activity concerned has started, is continuing or has concluded.

For the purposes of this Act:

a person is taken to be in Australia while he or she is taken to be in the migration zone because of subsection (1); and

a person is taken to travel to Australia if the person travels to an area in which the person is taken to be in the migration zone because of subsection (1); and

a person is taken to enter Australia when the person enters an area in which the person is taken to be in the migration zone because of subsection (1); and

subject to section 80—a person is taken to leave Australia when the person leaves an area in which the person is taken to be in the migration zone because of subsection (1).

Unless a provision of this Act, or another Act, expressly provides otherwise, this section does not have the effect of extending, for the purposes of another Act, the circumstances in which a person:

is in the migration zone or is taken to be in the migration zone; or

is in Australia or is taken to be in Australia; or

travels to Australia or is taken to travel to Australia; or

enters Australia or is taken to enter Australia; or

leaves Australia or is taken to leave Australia.

In this section:

a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that is being carried out, or is to be carried out, within the area, except an operation determined by the Minister under subsection (6); or

an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994) that is being carried out, or is to be carried out, within the area, except an activity determined by the Minister under subsection (6); or

an activity, operation or undertaking (however described) that is being carried out, or is to be carried out:

under a law of the Commonwealth, a State or a Territory determined by the Minister under subsection (6); and

within the area, as determined by the Minister under subsection (6).

The Minister may, in writing, make a determination for the purposes of the definition of offshore resources activity in subsection (5).

A determination made under subsection (6) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

To avoid doubt, for the purposes of subsection (1), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:

is on an Australian resources installation in the area; or

is otherwise in the area to participate in, or support, the activity.