Migration Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 234

REGULATIONS UNDER THE MIGRATION ACT 19581

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 this twenty-ninth day of October 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

MICHAEL MACKELLAR

Minister of State for Immigration and Ethnic Affairs

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AMENDMENTS OF THE MIGRATION REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 November 1979.

Master to furnish information regarding passengers

2. Regulation 5 of the Migration Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2) “disability, defect or disease” and substituting “disease or a prescribed physical or mental condition”;

(b) by omitting from paragraph (b) of sub-regulation (2) “disability, defect or disease” and substituting “disease or physical or mental condition”;

(c) by omitting from sub-regulation (3) “disabilities, defects or diseases is a prescribed disability, defect or disease” and substituting “diseases or physical or mental conditions is a prescribed disease or a prescribed physical or mental condition”; and

(d) by omitting from paragraph (e) of sub-regulation (3) “defect” and substituting “condition”.

Prescribed diseases

3. Regulation 26 of the Migration Regulations is amended by omitting “disabilities and defects” and substituting “conditions”.

4. After regulation 29 of the Migration Regulations the following regulations are inserted:

Fees for entry permits

“29a. (1) Subject to sub-regulation (2), the fee payable—

(a) on lodging an application for the grant of a further temporary entry permit—is $20; and

(b) on lodging an application for the grant of a further entry permit other than a further temporary entry permit—is $50.

“(2) Where—

(a) a temporary entry permit has been granted to an overseas student and that student applies for a further temporary entry permit; or

(b) in respect of a person—

(i) a claim has been made for refugee status;

(ii) that claim is being considered by the Minister; and

(iii) an application is made for a further temporary entry permit,

no fee is payable in respect of the further temporary entry permit.

“(3) For the purpose of this regulation, ‘overseas student’ means a person in respect of whom a charge is imposed by section 5 of the Overseas Students Charge Act 1979 or a dependant of such a person.

Fee for return endorsement

“29b. The fee payable on lodging an application for the grant of a return endorsement is—

(a) where the application is made in Australia—$20; and

(b) in any other case—$30.

Fee for language test

“29c. The fee payable for undertaking an English language test conducted outside Australia by or on behalf of the Department of Immigration and Ethnic Affairs, whether or not in connection with an application for an entry permit or a visa, is $25.”.

Schedule

5. The Schedule to the Migration Regulations is amended by omitting the heading and Form 1 and substituting the following heading and form:

“SCHEDULE

FORM 1 Regulation 27

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

SEARCH WARRANT

To (here insert name of officer and capacity by virtue of which he is an officer within the meaning of the Act).

You are hereby authorized, at any time in the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle or place in which you have reasonable cause to believe there may be found—

(a) a prohibited immigrant or a deportee, within the meaning of the Migration Act 1958;

(b) a person to whom a temporary entry permit under that Act has been issued subject to a condition with respect to the work to be performed by that person;

(c) any document, book or paper relating to the immigration or proposed immigration of a person in circumstances in which he would have become, or would become, a prohibited immigrant within the meaning of that Act; or

(d) any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, a prohibited immigrant or a deportee, within the meaning of that Act,

and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary: And for so doing this shall be your sufficient warrant.

This warrant remains in force up to and including the day

of ,19 .

Dated this day of , 19 .

Officer duly authorized to issue search

warrants under the Migration A ct 1958.”.

Application

6. Notwithstanding the amendments of the Migration Regulations made by these Regulations, where an English language test is conducted outside Australia by or on behalf of the Department of Immigration and Ethnic Affairs during the period that commences on 1 November 1979 and ends on 31 December 1979, no fee is payable under the Migration Regulations as amended by these Regulations in respect of that test.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 October 1979.

2. Statutory Rules 1959 No. 35 as amended by Statutory Rules 1959 No. 89; 1964 No. 158; 1966 No. 86; 1970 No. 41; and 1976 No. 225.