On 30 May 2013 the Minister for Immigration and Citizenship announced changes to regulate foreign workers who are employed in certain offshore resources activities. The changes deem these workers to be in the migration zone. This has the effect of requiring them to hold a visa under the Migration Act 1958 (the Migration Act). Prior to these changes non-citizens working on fixed platforms, such as oil rigs, or certain vessels which were attached to the seabed were required to hold a visa. However, non-citizens working on other vessels or floating facilities, which were not attached to the seabed, were not within the migration zone and therefore did not require a visa. This was highlighted by a 2012 Federal Court decision which found that workers on board the Allseas Construction pipe-laying vessels did not require a visa. These vessels were judged to not be attached to the seabed, and therefore outside of Australia’s migration zone. The changes were progressed because:
- there was inconsistency in how the Migration Act and other employment laws were applied to workers within Australia’s Exclusive Economic Zone;
- there may have been some uncertainty about whether certain vessels were inside the migration zone; and
- attachment to the seabed may be a less significant factor in the offshore resources industry than when the original laws were drafted.
It was identified in the Regulation Impact Statement (RIS) that industry groups did not support the expanded application of the migration zone as this would likely result in a substantive increase in compliance costs. They were concerned that the changes could jeopardise the economic viability of certain operations. A RIS was prepared by the Department of Immigration and Citizenship and assessed as adequate by the Office of Best Practice Regulation.
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