This Select Instrument specifies
the visas that permit the holder to participate in, or support, an offshore
resources activity in relation to an area.
Section 9A was inserted into the Migration Act so
persons who participate in, or support, an offshore resources activity are
taken to be in the migration zone. These activities included the exploration or
exploitation of minerals, greenhouse gas and petroleum resources within
Australia’s Exclusive Economic Zone and the waters above the
Continental Shelf.
This section operates to regulate foreign worker participation in
offshore resources activities by bringing these persons into the migration zone
and requiring them to hold a visa. This section, as drafted, required
non-citizens to hold visas to work in these areas as prescribed in the Regulations.
However, no visa classes were prescribed at the time of drafting.
This Regulation amends the Principal Regulations to provide that:
- Subclass 400 (Temporary Work (Short Stay Activity)) visa and the Subclass 457 (Temporary Work (Skilled)) visas now permit the holder to participate in, or support, an offshore resources activity in relation to an area;
- holders of these visas who will be in an area to participate in or to support an offshore resources, are authorised to enter Australia in a way other than through a port or pre-cleared flight; and
- an Australian citizen or holder of a permanent visa, a Subclass 400 or a Subclass 457 visa, who has entered Australia in an area to participate in, or to support an offshore resources activity and whose entry has been reported in writing to Immigration will not need to comply with the requirement to be immigration cleared under section 166 of the Migration Act.
This Regulation commences 14 December 2015.
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