High Court of Australia

Maritime Union of Australia v Minister for Immigration and Border Protection [2016] HCA 34

31 Aug 2016

Case Number: S136/2016

Before

French CJ, Bell, Gageler, Keane, Nettle JJ

Catchwords

Statutes – Delegated legislation – Validity – Migration Act 1958 (Cth) – Offshore resources industry – Where amendments to Migration Act had effect of extending migration zone to non-citizens participating in or supporting offshore resources activity – Where amendments created specified visa requirements for such persons – Where amendments conferred power on Minister to make determination excepting operations and activities from extended migration zone – Where Minister's determination purported to except from migration zone, and specified visa requirements, all operations and activities to extent certain vessels or structures were used – Whether determination entirely negated operation of general rule in extending migration zone to non-citizens participating in or supporting offshore resources activity – Whether determination beyond power and invalid.

Words and phrases – "Australian resources installation", "exception", "migration zone", "offshore resources activity".

Legislation Act 2003 (Cth) – s 42.

Migration Act 1958 (Cth) – ss 5, 8, 9A, 13(1), 41.

Migration Amendment (Offshore Resources Activity) Act 2013 (Cth).

Offshore Minerals Act 1994 (Cth)
– s 4, Ch 2.

Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) – s 7, Chs 2, 3.
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