New Visa Requirements for Australian Offshore Resources Industry

Nathan Cecil, Partner and Claire Morgan, Foreign Registered Solicitor

Proposed new laws will mean that many foreign offshore resources industry workers previously not required to hold Australian work visas will now require Australian work visas.

Foreign workers employed to work within Australia's "Migration Zone" (essentially, Australia's landmass and/or offshore installations) are required to hold relevant visas entitling them to work. Recently, in Allseas Construction SA v Minister for Immigration and Citizenship [2012] FCA 529, the Federal Court held that a vessel located outside of the "Migration Zone" but engaged to lay pipeline along the seabed which extended to within the "Migration Zone", was not itself considered to be within the "Migration Zone" and, as such, there was no requirement for the crew of that vessel to hold Australian visas. The new Migration Amendment (Offshore Resources Activity) Bill 2013 is intended to overcome that decision and extend the definition and scope of the "Migration Zone". 

Under the new regime, the definition of "Migration Zone" is extended to include any activities outside of Australia which are connected to any offshore resources activity within Australia.  Accordingly, any worker who is engaged to participate in or support an Australian offshore resource activity, regardless of whether or not the worker is based in or enters a defined area falling within the scope of the "Migration Zone", must hold a valid Australian work visa. These amendments will enable the Australian Government to impose visa conditions and regulate the work force in the Australian offshore oil and gas industry, even where those workers never enter Australian territory.

These proposed changes will require companies employing foreign workers to adhere to stringent migration and employment legislation. The amendments are scheduled to be implemented from early 2014 in order to allow enough time for the offshore resources industry to make relevant visa arrangements for its workers. It is expected that a new special purpose visa for offshore resources industry workers will be introduced shortly.

Australian offshore resources industry participants who employ foreign workers will need to consider whether their foreign workforce will be required to hold the expected new special purpose visas.  Norton White is able to assist those in the oil and gas industry in order to ensure compliance with the current and proposed legislation governing offshore activity.

If you have any queries or require further information, please contact:

Contact

Nathan Cecil

Robert Wilson

Claire Morgan

Charles Street

Partner

Partner

Foreign Registered Solicitor

Solicitor

T: +61 2 9230 9450

T: +61 2 9230 9475

T: +61 2 9230 9412

T: +61 2 9230 9444

E:nathan.cecil@nortonwhite.com

E:robert.wilson@nortonwhite.com

E:claire.morgan@nortonwhite.com

E:charles.street@nortonwhite.com