STATUTORY RULES.
1946. No. 20.
________
REGULATION UNDER THE IMMIGRATION ACT 1901-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Immigration Act 1901-1940.
Dated this twenty-third day of January, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for Minister of State for Immigration.
_______
Amendment of the Immigration Regulations.†
Landing permits.
Regulation 5 of the Immigration Regulations is amended—
(a) by omitting from sub-regulation (2.) the words “subject to payment of the fee for extension prescribed in sub-regulation (4.) of this regulation”; and
(b) by omitting sub-regulation (4.).
*Notified in the Commonwealth Gazette on 29th January, 1946.
† Statutory Rules 1932, No. 103, as amended by Statutory Rules 1933, No. 128; 1940, No. 144; and 1941, No. 66.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6674.—Price 3d.
Overview
Statutory Rules 1946 No. 20, made under the Immigration Act 1901-1940, was enacted to amend the Immigration Regulations, specifically focusing on the administrative processes surrounding landing permits. This legislation was introduced to address the need for streamlining immigration processes in the post-World War II period, a time when Australia was undergoing significant changes in its immigration policy and practices. The regulation was made by the Governor-General in Council, acting on the advice of the Minister for Immigration, reflecting the policy objective of enhancing the efficiency and accessibility of immigration procedures. The regulation omits certain provisions related to fees for the extension of landing permits, aiming to simplify and expedite the process for immigrants.
Scope and Application
The Immigration Regulations, as amended by Statutory Rules 1946, No. 20, apply to individuals and entities seeking to enter or remain in Australia, including visitors, migrants, and temporary or permanent residents. This legislation specifically governs the conditions under which landing permits may be issued and modified, impacting those who require such permits to legally enter the country. The Regulations extend across the Commonwealth of Australia, thereby affecting all states and territories uniformly. The amendments outlined in these Statutory Rules pertain to the alteration of Regulation 5, which concerns landing permits, by removing certain financial requirements previously stipulated. Notably, this amendment removes the necessity for individuals to pay a fee for the extension of their landing permits as outlined in sub-regulation (4). The Regulations are further extended and clarified through subordinate instruments, which may provide additional details and operational guidelines for their implementation. However, the specific exclusions, exemptions, or thresholds are not detailed in these Statutory Rules and would need to be examined within the broader context of the Immigration Act 1901-1940 and its associated regulations.
Key Provisions
The main operative sections of this Statutory Rule are concerned with the amendment of the Immigration Regulations, particularly focusing on Regulation 5, which deals with landing permits. Regulation 5(2) has been amended to remove the requirement for payment of the fee for extension, previously outlined in Regulation 5(4). Additionally, Regulation 5(4) has been entirely omitted from the Immigration Regulations. This means that individuals who were previously subject to a fee for the extension of their landing permits are no longer required to pay this fee, and the specific provisions detailing that fee have been removed from the regulations.
The obligations and requirements imposed by this amendment primarily concern the administrative process surrounding the issuance and extension of landing permits under the Immigration Act 1901-1940. The removal of the fee requirement in Regulation 5(2) simplifies the process for individuals seeking to extend their landing permits, as they are no longer obligated to pay a fee for such extensions. Additionally, the elimination of Regulation 5(4) means that the regulations no longer include detailed provisions about the fee structure for permit extensions, thereby streamlining the regulatory framework. These changes aim to make the immigration process more efficient and accessible for those affected by the amendments.
Under this Statutory Rule, there are no specified offences, penalties, or consequences for breach, as the amendments pertain to regulatory changes rather than introducing new enforcement provisions. However, it is important for all parties involved in the administration of immigration permits to adhere to the updated regulations to ensure compliance with the law. The absence of penalties or consequences for non-compliance with these specific amendments suggests that the focus of this Statutory Rule is on procedural simplification rather than enforcement through punitive measures.
In summary, the key provisions of this Statutory Rule involve the amendment of Regulation 5 of the Immigration Regulations, specifically removing the fee requirement for the extension of landing permits and eliminating the related fee provisions. These changes simplify the process for individuals seeking to extend their landing permits and streamline the regulatory framework. While there are no specified penalties or consequences for breach of these amendments, it remains crucial for all parties to comply with the updated regulations to ensure adherence to the law.