Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations (Cth)

Statutory Rules 1990 No. 2811

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Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.

Dated 30 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

WENDY FATIN

Minister of State for Local Government for and on behalf of the

Minister of State for Immigration, Local Government and Ethnic Affairs

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Citation

1. These Regulations may be cited as the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations.

Application

2. These Regulations apply despite the Migration Regulations.

Iraq and Kuwait—special restrictions

3. (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 Iraq or Kuwait; 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, Iraq or Kuwait; or

(b) promotes, or is calculated to promote, any such sale or supply.

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

(a) relates solely to the sale or supply of goods intended solely for medical purposes; or

(b) provides assistance to the legitimate government of Kuwait; or

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

(3) The Minister may grant permission in writing to a person, other than:

(a) an Australian citizen; or

(b) an Australian permanent resident;

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 a person, other than:

(a) an Australian citizen; or

(b) an Australian permanent resident;

has engaged, within Australia, in an activity to which subregulation (1) applies, the Minister may cancel:

(c) a visa held by the person; or

(d) an entry permit of a kind referred to in paragraph 33 (1) (d) of the Migration Act 1958 held by the person.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette