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

Statutory

Rules1991No. 37 1

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Migration (Iraq—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 21 March 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General 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—United Nations Security Council Resolution No. 661) Regulations.

Application

2.

These Regulations apply in spite of the Migration Regulations.

Iraq—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

  (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

(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)

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.

Repeal

4.

Statutory Rules 1990 No. 281 are repealed.

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NOTE

1. Notified in the Commonwealth of Australia Gazette