Migration (Haiti-United Nations Security Council Resolutions) Regulations (Cth)

Statutory Rules 1994

No. 151 1

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Migration (Haiti—United Nations Security Council Resolutions) Regulations

I, The 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 1 June 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration

 and Ethnic Affairs

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Citation

 1. These Regulations may be cited as the Migration (Haiti—United Nations Security Council Resolutions) Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

 2.In these Regulations, unless the contrary intention appears:

“Act” means the Migration Act 1958;

“alien” means a person who is not:

• (a)

  an Australian citizen; or

• (b)

  an Australian permanent resident (within the meaning of the Migration (1993) Regulations);

“Haiti” means the Republic of Haiti.

Application

 3.These provisions apply in addition to, and despite any provision to the contrary in, any other Regulations under the Act.

Visas and entry permits not to be granted to certain persons

 4.The Minister must not grant a visa or an entry permit to a person who:

• (a)

  is an officer of the military forces of Haiti; or

• (b)

  is an officer of the police force of Haiti; or

• (c)

  was a major participant in the coup d’état of 1991 in Haiti; or

• (d)

  is a major participant in the administration of Haiti installed after that coup d’état’; or

• (e)

  is a member of the immediate family of a person referred to in paragraph (a), (b), (c) or (d); or

• (f)

  is employed by, or acting on behalf of:

  • (i)

    a person referred to in paragraph (a) or (b); or

  • (ii)

    a member of the immediate family of a person referred to in paragraph (a) or (b);

unless the Minister is satisfied that granting the visa or entry permit will not infringe Australia’s obligations under international law.

Visas and entry permits not to be granted in certain circumstances

 5.(1) Subject to subregulation (2), the Minister must not grant a visa or an entry permit to a person if the Minister is satisfied that the person will engage, or would if permitted to enter Australia be likely to engage, within Australia, in an activity that:

• (a)

  involves the sale or supply of any commodity or product:

  • (i)

    to any person or organisation in Haiti; or

  • (ii)

    to any person or organisation, whether in Australia or overseas, for the purposes (whether direct or indirect) of any business carried on in, or operated from, Haiti; or

• (b)

  promotes, or is calculated to promote, a sale or supply of that kind.

 (2) Subregulation (1) does not apply to an activity that:

• (a)

  relates solely to the sale or supply of:

  • (i)

    foodstuffs; or

  • (ii)

    goods intended solely for medical purposes; or

• (b)

  relates solely to trade in informational materials, including books and other publications, needed for the free flow of information; or

• (c)

  is done in accordance with a permission under subregulation (3).

 (3) The Minister may grant a permission in writing to an alien to engage in an activity specified in subregulation (1) if the Minister is satisfied that permitting the activity will not infringe Australia’s obligations under international law.

 (4) If the Minister is satisfied that an alien has engaged, within Australia, in an activity to which subregulation (1) applies, the Minister may cancel a visa or entry permit held by the alien.

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NOTE

1. Notified in the Commonwealth of Australia Gazette