Migration Amendment Regulations 2012 (No. 1) (Cth)

Migration Amendment Regulations 2012 (No. 1)¹

Select Legislative Instrument 2012 No. 4

I, QUENTIN BRYCE, 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 9 February 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2012 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by items [1] and [2] of Schedule 1 apply in relation to a visa that is in effect on the day on which these Regulations commence and to a visa granted on or after that day.

(3)The amendment made by item [3] of Schedule 1 applies in relation to an application for a visa made on or after the day on which these Regulations commence.

Schedule 1 Amendments

(regulation 3)

[1] After paragraph 2.43 (1) (a)

insert

(aa)in the case of a person who is the holder of a visa other than a relevant visa, the person:

(i)is declared under paragraph 6 (1) (b) or (2) (b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; and

(ii)is not a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011;

[2] Subparagraph 2.43 (2) (a) (ii)

substitute

(ii)paragraph (1) (aa); and

(iii)paragraph (1) (b); and

[3] Schedule 4, item 4003

substitute

The applicant:

(a)is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia is, or would be, contrary to Australia’s foreign policy interests; and

(b)is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction; and

(c)either:

(i)is not declared under paragraph 6 (1) (b) or (2) (b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; or

(ii)if the applicant is declared — is a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011.

Note

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