Migration (Iraq—United Nations Security Council Resolutions) Regulations (Cth)

Migration (Iraq — United Nations Security Council Resolutions) Regulations

Statutory Rules 1994 No. 265 as amended

made under the

Migration Act 1958

Consolidated as in force on 26 February 1999

(includes amendments up to SR 1997 No. 403)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Migration (Iraq — United Nations Security Council Resolutions) Regulations

Statutory Rules 1994No. 265 as amended

made under the

Migration Act 1958

Contents

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1Citation[see Note 1]

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

2Commencement

 These regulations commence on 1 September 1994.

3Interpretation

 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 Regulations).

4Application

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

5Special criteria for grant of visa

• (1)

  Subject to subregulation (2), it is a criterion applicable (at the time of decision) to an application for a visa of any class that the Minister is satisfied that the applicant will not engage, or would, if permitted to enter Australia, be unlikely 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, 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)

    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)

  Subject to subregulation (5), it is a criterion applicable (at the time of decision) to an applicant for a visa of any class that the Minister is satisfied that the applicant is not an Iraqi official, or a member of the Iraqi armed forces, who was responsible for, or participated in, the instances of non-compliance mentioned in paragraph 1 of United Nations Security Council Resolution 1137 (1997).

• (5)

  Subregulation (4) does not apply if the Minister is satisfied that:

  • (a)

    the entry is authorised, or the mission is approved, by the Committee established by United Nations Security Council Resolution 661 (1990); or

  • (b)

    the person is carrying out a bona fide diplomatic assignment.

6Cancellation of visa

 For the purposes of paragraph 116 (1) (g) of the Act, if the Minister is satisfied that an alien has engaged, within Australia, in an activity to which subregulation 5 (1) applies, that is a prescribed ground for the Minister to cancel a visa held by the alien.

7Repeal

 Statutory Rules 1991 No. 222 are repealed.

Notes to theMigration (Iraq—United Nations Security Council Resolutions) Regulations

Note 1

The Migration (Iraq — United Nations Security Council Resolutions) Regulations (in force under the Migration Act 1958) as shown in this reprint comprise Statutory Rules 1994 No. 265 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1994 No. 265	28 July 1994	1 Sept 1994
1997 No. 403	24 Dec 1997	24 Dec 1997	—

Table of Amendments

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 5........................................

am. 1997 No. 403