Migration Amendment Regulations 2001 (No. 8) (Cth)

Migration Amendment Regulations 2001 (No. 8)1

Statutory Rules 2001 No. 2462

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 13 September 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

1Name of Regulations

 These Regulations are the Migration Amendment Regulations 2001 (No. 8).

2Commencement

 These Regulations commence on 19 September 2001.

3Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

4Transitional

 The amendments made by Schedule 1 apply in relation to an application for a visa:

• (a)

  made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 19 September 2001; or

• (b)

  made on or after 19 September 2001.

Schedule 1Amendments

(regulation 3)

  

[1]Schedule 2, clause 785.511

substitute

785.511 Temporary visa permitting the holder to remain in, but not re-enter, Australia until:

• (a)

  if the holder applies for a permanent visa after the temporary visa is granted and before the end of 36 months from the grant — the day on which the application is finally determined; and

• (b)

  in any other case — the end of the 36 months.

[2]Schedule 2, after clause 785.611

insert

785.612 The holder must notify Immigration of any change in the holder’s residential address within 14 days after the change.

[3]Schedule 2, subclause 866.212 (2)

substitute

 (2)   The applicant meets the requirements of this subclause if:

• (a)

  the applicant has been granted a Subclass 785 (Temporary Protection) visa (whether or not the applicant still holds the visa); and

• (b)

  the Subclass 785 visa last granted to the applicant has not been cancelled; and

• (c)

  the applicant has not left Australia since that visa was granted.

[4]Schedule 2, after clause 866.222

insert

866.222A In the case of an applicant referred to in paragraph 866.211 (a), the applicant has not, in the last 4 years, been convicted of an offence against a law of the Commonwealth, a State or Territory for which the maximum penalty is imprisonment for at least 12 months.

866.222B In the case of an applicant referred to in paragraph 866.211 (b), the applicant, and the claimant referred to in the paragraph, meet the requirement of clause 866.222A.

Notes

1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206 and 239.

2. Notified in the Commonwealth of Australia Gazette