Migration Amendment (Machinery of Government) Regulations 2018 (Cth)

Migration Amendment (Machinery of Government) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 12 July 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Home Affairs

Minister for Immigration and Border Protection

Contents

1Name

This instrument is the Migration Amendment (Machinery of Government) Regulations 2018.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	5 August 2018.	5 August 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1. 1

   Regulation 1.03 (definition of assistance notice)

Omit “Attorney‑General, the Secretary of the Attorney‑General’s Department or an SES employee or acting SES employee of the Attorney‑General’s”, substitute “Minister, the Secretary or an SES employee or acting SES employee of the”.

2

Paragraph 2.07AK(3)(b)

Omit “Attorney‑General”, substitute “Minister”.

3

Paragraphs 2.07AK(3)(c) and (d)

Omit “Attorney‑General’s”, substitute “Minister’s”.

4

Subparagraph 2.07AK(3)(e)(i)

Omit “Attorney‑General’s”, substitute “Minister’s”.

5

Subregulation 2.07AK(4)

Omit “Attorney‑General”, substitute “Minister”.

6

Subparagraph 1306(3)(c)(ia) of Schedule 1

Omit “given to the Minister”, substitute “issued”.

7

Subparagraph 060.511(2)(c)(ii) of Schedule 2

Repeal the subparagraph, substitute:

1. (ii)

   28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.

8

Paragraph 060.511(2A)(b) of Schedule 2

Repeal the paragraph, substitute:

1. (b)

   permitting the holder to remain in Australia until 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.

9

Schedule 10 (Forms 1 and 2)

Omit “Immigration and Border Protection”, substitute “Home Affairs”.

10

In the appropriate position in Schedule 13

Insert:

Part 75—Amendments made by the Migration Amendment (Machinery of Government) Regulations 2018

7501Operation of Schedule 1

1. (1)

   The amendment of these Regulations made by item 6 of Schedule 1 to the Migration Amendment (Machinery of Government) Regulations 2018 applies in relation to visa applications made on or after 5 August 2018.

2. (2)

   The amendments of these Regulations made by items 7 and 8 of Schedule 1 to the Migration Amendment (Machinery of Government) Regulations 2018 apply in relation to:

   1. (a)

      visa applications made, but not finally determined, before 5 August 2018; and

   2. (b)

      visa applications made on or after 5 August 2018.