Migration Reform Act 1992
No. 184 of 1992
An Act to reform the law relating to migration
[Assented to 7 December 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Migration Reform Act 1992.
(2) In this Act, “Principal Act” means the Migration Act 19581.
Commencement
2.(1) Sections 1, 2 and 31 commence on the day on which this Act receives the Royal Assent.
(2) Sections 6 and 32 commence on 1 July 1993.
(3) The remaining provisions of this Act commence on 1 November 1993.
3. After section 3 of the Principal Act the following section is inserted:
Object of Act
“3A.(1) The object of this Act is to regulate, in the national interest, the coming into, and presence in, Australia of non-citizens.
“(2) To advance its object, this Act provides for visas permitting non-citizens to enter or remain in Australia and the Parliament intends that this Act be the only source of the right of non-citizens to so enter or remain.
“(3) To advance its object, this Act requires persons entering Australia to identify themselves so that the Commonwealth government can know who are the non-citizens so entering.
“(4) To advance its object, this Act provides for the removal or deportation from Australia of non-citizens whose presence in Australia is not permitted by this Act.”.
Interpretation
4. Section 4 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of “accompanying child”, “accompanying spouse”, “holder”, “port”, “score” and “visa” and substituting respectively the following definitions:
“ ‘holder’, in relation to a visa, means, subject to section 26ZR (visas only held if in force) the person to whom it was granted or a person included in it;
‘port’ means:
(a) a proclaimed port; or
(b) a proclaimed airport;
‘score’, in relation to a visa applicant, means the total number of points given to the applicant under section 30 in the most recent assessment or re-assessment under Subdivision B of Division 2 of Part 2;
‘Visa’ has the meaning given by section 24 and includes an ‘old visa’;”;
(b) by omitting from subsection (1) the definitions of “entry permit”, “entry visa”, “exempt non-citizen”, “member”, “period of grace”, “permanent entry permit”, “presiding member”, “Principal Member”, “processing area”, “prohibited person”, “properly endorsed valid entry permit”, “properly endorsed valid entry visa”, “refugee”, “review authority”, “reviewable decision”, “review officer”, “review under Part 3”, “section 20 notice”
Overview
The Migration Reform Act 1992 was enacted by the Parliament of Australia to reform the law relating to migration, with a focus on regulating the coming into, and presence in, Australia of non-citizens. The Act aims to advance its object by providing for visas permitting non-citizens to enter or remain in Australia and by requiring persons entering Australia to identify themselves. Additionally, the Act allows for the removal or deportation of non-citizens whose presence in Australia is not permitted by the Act. The Act includes provisions for the establishment of the Refugee Review Tribunal and the Immigration Review Tribunal, providing mechanisms for the review of decisions related to visa applications and other migration matters.
Scope and Application
The Migration Reform Act 1992 applies to non-citizens, who are persons not holding Australian citizenship, intending to enter, remain in, or leave Australia. The Act regulates the coming into and presence of non-citizens in the national interest, including the granting and cancellation of visas for various purposes such as entry, stay, and criminal justice. The Act also provides for the detention, removal, and deportation of non-citizens whose presence is not permitted. The scope of this Act is national, as it applies to the entire Commonwealth of Australia, which includes the states, territories, Australian resource installations, and Australian sea installations. However, the Act does not apply to parts of Australia outside the migration zone. Some exclusions and exemptions include allowed inhabitants of the Protected Zone engaging in traditional activities, certain persons declared by regulations, and those granted special category visas. The application of the Act can be extended or restricted through subordinate instruments, such as regulations and certificates. The Act's provisions commence at different times, with the object of the Act and interpretation provisions commencing upon Royal Assent, while other provisions commence on 1 July 1993 and 1 November 1993.
Key Provisions
- The Migration Reform Act 1992 (Act) primarily operates to regulate the entry and presence of non-citizens in Australia, providing for the issuance of visas, the detention and removal of unlawful non-citizens, and the review of decisions made under the Act. The Act inserts a new object clause (section 3A) into the Migration Act 1958 (Principal Act), stating that it is to regulate the coming into and presence of non-citizens in the national interest. It defines key terms such as "lawful non-citizen" (section 14), "unlawful non-citizen" (section 15), and "visa" (section 24). The Act provides for various classes of visas, including permanent (section 25(1)), temporary (section 25(2)), special category (section 26A), protection (section 26B), bridging (section 26C), and criminal justice visas (section 26D). The Act outlines the procedures for applying for visas (section 26L) and the process for considering and deciding on visa applications (sections 26N to 26ZH). It also addresses the cancellation of visas based on incorrect information (sections 36 to 50) or on certain grounds (sections 50AB to 50G). Additionally, the Act sets out the procedures for the detention and removal of unlawful non-citizens (sections 54W to 54ZG).
- The Act imposes obligations on non-citizens, such as the requirement to hold a visa to travel to, enter, and remain in Australia (section 26H), to identify themselves upon entry (section 54HM), and to notify the Minister of any changes in circumstances that may affect their visa application (sections 40 and 41). It also imposes obligations on the Minister, including the duty to consider valid visa applications (section 26N) and to notify applicants of decisions regarding their applications (section 26ZG). The Act requires non-citizens to provide correct information in their visa applications and passenger cards (sections 37 and 38), and to notify the Minister of any incorrect information (sections 40 and 41). If a non-citizen fails to comply with these obligations, their visa may be cancelled (sections 45 and 50AB).
- The Act establishes various penalties and consequences for breaches of its provisions. For example, concealing an unlawful non-citizen on a vessel arriving in Australia is an offence punishable by a fine of $10,000 (section 77). Non-citizens who perform work in contravention of the conditions of their visa commit an offence (sections 83 and 83A). Unlawful non-citizens who are detained must be released if they provide evidence of being a lawful non-citizen or are granted a visa (section 54Y). Failure to comply with a summons to appear before the Refugee Review Tribunal or to answer questions under oath or affirmation is punishable by imprisonment for 6 months (sections 166F and 166FA). Tampering with movement records is an offence punishable by imprisonment for 2 years (section 168). The Act also provides for the recovery of costs associated with the detention, removal, and deportation of non-citizens (sections 66 and 66A).
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Licensing & Registration
- Reporting & Disclosure Obligations
- Offence Provisions
- Enforcement Powers
- Transitional Provisions