Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023

Administered by Attorney-General's Department

Legislation au F2023L00358 Not in force Legislative Instrument

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Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023

made under paragraph 51(1)(c) of the

Legislation Act 2003

Compilation No. 1

Compilation date: 21 February 2024

Includes amendments: F2024L00193

About this compilation

This compilation

This is a compilation of the Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023 that shows the text of the law as amended and in force on 21 February 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name....................................................1

3 Authority.................................................1

4 Deferral of sunsetting.........................................1

5 Repeal of this instrument.......................................3

Endnotes 4

Endnote 1—About the endnotes 4

Endnote 2—Abbreviation key 5

Endnote 3—Legislation history 6

Endnote 4—Amendment history 7

1  Name

  This instrument is the Legislation (Deferral of Sunsetting—Migration  Regulations 1994 (Specification of a Class of Persons)) Certificate 2023.

3  Authority

   This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Deferral of sunsetting

   The instrument known as the Migration Regulations 1994  Specification of a Class of Persons  IMMI 12/127, for which the sunsetting day is 1 April 2023, is repealed by section 51 of the Legislation Act 2003 on 1 April 2025.

5  Repeal of this instrument

  This instrument is repealed at the start of 2 April 2025.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023

27 March 2023

(F2023L00358)

28 March 2024 (s 2(1) item 1)

 

Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Amendment Certificate 2024

20 February 2024

(F2024L00193)

21 February 2024 (s 2(1) item 1)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2024L00193

s 5.....................

am F2024L00193

 

Overview

The Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023 is a legislative instrument created under paragraph 51(1)(c) of the Legislation Act 2003. This certificate defers the sunsetting of the Migration Regulations 1994, specifically the class of persons specified in IMMI 12/127, which was originally set to be repealed on 1 April 2023. The sunsetting is now deferred until 1 April 2025, providing additional time to review and potentially revise the regulations before they are repealed. The objective of this certificate is to ensure a smooth transition and adequate consideration of the implications of repealing these specific migration regulations. The certificate itself will be repealed at the start of 2 April 2025, aligning with the deferred sunsetting date of the associated regulations.

Scope and Application

The Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023 is a legislative instrument made under the authority of the Legislation Act 2003. It defers the sunsetting of the Migration Regulations 1994, specifically the instrument titled "Specification of a Class of Persons—IMMI 12/127," which was originally set to be repealed on 1 April 2023. Instead, this instrument stipulates that the specified regulations will now be repealed on 1 April 2025, effectively extending their operation by two years. This certificate applies to the class of persons specified within the migration regulations and aims to provide additional time for any necessary adjustments or reviews in relation to these regulations. The geographic or jurisdictional reach of this certificate is confined to the Commonwealth of Australia, as it pertains to federal migration regulations. Notably, this instrument itself will be repealed at the start of 2 April 2025, aligning with the new repeal date of the migration regulations it defers. The application of this certificate is narrowly tailored to the specified migration regulations and does not extend to other areas of migration law or other legislative instruments. There are no stated exclusions, exemptions, or thresholds within this certificate itself, though the substantive migration regulations it defers may contain specific conditions and requirements. The deferral does not modify the text of the original regulations but rather postpones their automatic repeal, allowing for further legislative consideration or administrative action as needed.

Key Provisions

The Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023 (sections 1–5) provides for the deferral of the sunsetting of the Migration Regulations 1994, specifically the regulation known as Specification of a Class of Persons – IMMI 12/127. The sunsetting of this regulation, which was originally scheduled for 1 April 2023, is now postponed until 1 April 2025. This deferral is made under the authority of paragraph 51(1)(c) of the Legislation Act 2003. The certificate itself will be repealed on 2 April 2025, aligning with the new sunset date of the specified regulation. Entities and individuals governed by the Migration Regulations 1994, particularly those concerned with the Specification of a Class of Persons, must adhere to the continued provisions of this regulation until its new sunset date. This includes ensuring compliance with all related policies and procedures during this extended period. The deferral necessitates that relevant stakeholders review and update any documentation, systems, or processes that may have been adjusted in anticipation of the original sunset date. Breaches of the provisions in the Migration Regulations 1994, including the deferred Specification of a Class of Persons regulation, can result in various penalties. These may include fines, imprisonment, or other sanctions as stipulated by the relevant legislative framework. The maximum penalties will depend on the specific nature and severity of the breach, as outlined in the broader Migration Act 1958 and other applicable laws. Non-compliance could also lead to administrative actions such as the cancellation of visas or refusal of entry into Australia. In summary, the Legislation (Deferral of Sunsetting—Migration Regulations 1994 (Specification of a Class of Persons)) Certificate 2023 extends the operational period of a specific regulation within the Migration Regulations 1994, imposes compliance obligations on affected entities and individuals, and establishes potential penalties for non-compliance. The deferral aims to provide additional time for stakeholders to adapt to the changes, ensuring a smoother transition when the regulation finally sunsets on 1 April 2025.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.