Migration Amendment Regulations 2008 (No. 4) (Cth)

Migration Amendment Regulations 2008 (No. 4)¹

Select Legislative Instrument 2008 No. 167

I, PHILIP MICHAEL JEFFERY, 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 7 August 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2008 (No. 4).

Commencement

These Regulations commence on 9 August 2008.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Application of amendments

The amendments made by Schedule 1 apply in relation to a person who enters Australia on or after the day on which these Regulations commence.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1.03, after definition of designated APEC economy

insert

designated foreign dignitary means a person to whom subregulation 3.06A (1) or (5) applies.

[2] After regulation 3.06

insert

3.06ADesignated foreign dignitaries

(1)For item 10 of Part 2 of Schedule 9 (which deals with persons not required to comply with section 166 of the Act), a person is a designated foreign dignitary if:

(a)the Minister specifies the person in an instrument in writing for this paragraph; or

(b)the person is included in a class of persons specified by the Minister in an instrument in writing for this paragraph.

(2)The Minister must specify a person or a class in accordance with arrangements approved in writing by the Minister.

(3)If the person is specified in an instrument for paragraph (1) (a), the period in which the person is a designated foreign dignitary:

(a)starts when the Minister specifies the person; and

(b)ends at the time, or in the way, mentioned in the instrument.

(4)If the person is included in a class of persons specified in an instrument for paragraph (1) (b), the period in which the person is a designated foreign dignitary:

(a)starts when the person becomes a member of the class; and

(b)ends at the time, or in the way, mentioned in the instrument.

(5)For item 10 of Part 2 of Schedule 9, a person is a designated foreign dignitary if the person is an accompanying member of the immediate family of a person who is a designated foreign dignitary in accordance with subregulation (1).

Note Regulation 1.12AA explains when a person is a member of the immediate family of another person.

(6)An instrument made under paragraph (1) (a) or (b) is not a legislative instrument.

Note The effect of section 168 of the Act, regulation 3.06 and Part 2 of Schedule 9 to these Regulations is that a designated foreign dignitary is not required to comply with the requirements of section 166 of the Act relating to the giving of information.

[3] Schedule 9, heading

substitute

Schedule 9 Special entry and clearance arrangements

(regulations 3.01, 3.03, 3.06 and 3.06A)

[4] Schedule 9, Part 2, item 9

omit

regulation 2.40.

insert

regulation 2.40

[5] Schedule 9, Part 2, after item 9

insert

A designated foreign dignitary

Note See regulation 3.06A.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See