Migration Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 3141

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Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Migration Act 1958.

Dated 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. YOUNG

Minister of State for

Immigration, Local Government and Ethnic Affairs

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Commencement

1. These Regulations shall come into operation on 1 January 1988.

Part IV

2. The Migration Regulations are amended by omitting the heading to Part IV and substituting the following heading:

“PART IV—ASSURANCES OF SUPPORT”.

Interpretation of Part IV

3. Regulation 20 of the Migration Regulations is amended:

(a) by omitting from subregulation (1) “maintenance” (wherever occurring) and substituting “support”;

(b) by omitting from subregulation (1) “Social Services Act 1947-1958” and substituting “Social Security Act 1947”; and

(c) by omitting from subregulation (2) “maintenance” (wherever occurring) and substituting “support”.

 

Assurances of support may be required

4. Regulation 21 of the Migration Regulations is amended:

(a) by inserting in subregulation (1) “or she” after “he”;

(b) by omitting from subregulation (1) “maintenance guarantees” and substituting “assurances of support”; and

(c) by omitting from subregulation (2) “A maintenance guarantee” and substituting “An assurance of support”.

Effect of assurances of support

5. Regulation 22 of the Migration Regulations is amended:

(a) by omitting from subregulation (1) “a maintenance guarantee” and substituting “an assurance of support”;

(b) by omitting from subregulation (1) “maintenance” (second, third, fourth and fifth occurring) and substituting “support”;

(c) by omitting from subregulation (1) “maintenance guarantee” (second occurring) and substituting “assurance of support”; and

(d) by inserting in subregulation (3) “or her” after “his”.

Existing maintenance guarantees

6. Regulation 23 of the Migration Regulations is amended by adding at the end of subregulation (1) “as if those maintenance guarantees were assurances of support”

Repeal of regulation 29

7. Regulation 29 of the Migration Regulations is repealed.

Repeal of regulation 29b

8. Regulation 29b of the Migration Regulations is repealed.

Refund of fees

9. Regulation 29e of the Migration Regulations is amended by omitting “, a visa or a return endorsement” and substituting “or a visa”.

Service of documents

10. Regulation 30 of the Migration Regulations is amended by inserting in subregulation (6) “, Local Government” after “Immigration”.

Further amendments

11. The Migration Regulations are further amended as set out in the Schedule.

Transitional

12. A maintenance guarantee given or continued in force under Part IV of the Migration Regulations and in force immediately before the commencement of these Regulations shall continue in force after that commencement in accordance with its terms as if it were an assurance of support given under Part IV of the Migration Regulations as amended by these Regulations.

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SCHEDULERegulation 11

FURTHER AMENDMENTS OF THE MIGRATION REGULATIONS

Subregulation 5 (2):

(a) Omit “him—”, substitute “him or her:”.

(b) Insert “or her” after “his” in paragraph (a).

Paragraph 8 (a):

Insert “or her” after “his”.

Regulation 9:

(a) Omit “under his hand”, substitute “signed by him or her”.

(b) Insert “or her” after “his” (second occurring).

(c) Insert “or she” after “he”.

Regulation 10:

Omit “himself”.

Subregulation 11 (2):

(a) Insert “or her” after “his” (first occurring).

(b) Omit “his detention”, substitute “the detention of that person”.

(c) Insert “or she” after “he”.

Subregulation 11 (4):

(a) Omit “him” (wherever occurring), substitute “that person”.

(b) Omit “his failure”, substitute “the failure of that person”.

Subregulation 13 (2):

(a) Omit “he” (first occurring), substitute “the witness”.

(b) Insert “or she” after “he” (second and third occurring).

(c) Add “or her” at the end.

Paragraph 14 (a):

(a) Omit “him”, substitute “the person”.

(b) Omit “his”.

Paragraph 14 (c):

Insert “or she” after “he”.

Subregulation 15 (1):

Omit “him” (wherever occurring), substitute “the witness”.

Subregulation 15 (2):

(a) Omit “him” (wherever occurring), substitute “that person”.

(b) Omit “his deportation”, substitute “the deportation of that person”.

Subregulation 18 (1):

Insert “or her” after “his”.

Paragraph 24 (2) (d):

Omit “his”, substitute “the person’s”.

Subregulation 24 (4):

Insert “or her” after “him”.

Subregulation 29a (1b):

Omit “him” (wherever occurring), substitute “that person”.

Paragraph 29a (2c) (a):

Insert “or her” after “his”.

Paragraph 29aa (5) (b):

Insert “or her” after “his” (wherever occurring).

Subparagraph 29aa (5) (c) (i):

Insert “or she” after “he”.

Paragraph 29d (c):

Insert “or her” after “his”.

Regulation 31:

Omit “him”, substitute “that person”.

Schedule, Form I:

Insert “or she” after “he”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1959 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 86 and see also