Migration (1993) Regulations (Amendment) 1993 No. 267
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 267
Issued by the Authority of the Minister for Immigration and Ethnic Affairs Subject - Migration Act 1958
Migration (1993) Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act. Without limiting the generality of section 181, section 23 of the Act enables regulations to be made providing for different classes of visas and section 33 of the Act enables regulations to be made providing for different classes of entry permits.
Under subsections 23(5) and 33(5) of the Act, regulations providing for the granting and refusal of visas and entry permits respectively are taken to be repealed, unless otherwise disallowed, 2 years after the day on which such regulations take effect.
Subregulations 2.12(2) and 2.27(2) currently provide that subsections 23(5) and 33(5) of the Act respectively do not apply and provide that regulations 2.12 and 2.27 cease to have effect on 31 October 1993.
The purpose of the Regulations is to extend the period to 31 August 1994. This date coincides with the commencement of relevant provisions of the Migration Reform Act, which were to commence on 1 November 1993, but which will be deferred to 1 September 1994.
Regulation 2 amends subregulation 2.12(2) of the Migration (1993) Regulations by omitting "31 October 1993" and substituting "31 August 1994" with the effect that the existing law regarding the grant of a visa continues to apply until 31 August 1994.
Regulation 3 amends subregulation 2.27(2) of the Migration (1993) Regulations by omitting "31 October 1993" and substituting "31 August 1994" with the effect that the existing law regarding the grant of an entry permit continues to apply until 31 August 1994.
The regulations commence on gazettal.
Overview
The Migration (1993) Regulations (Amendment) 1993 No. 267 were introduced to amend the Migration (1993) Regulations, which are subsidiary legislation under the Migration Act 1958. Enacted by the Minister for Immigration and Ethnic Affairs, these amendments were made pursuant to the authority granted by sections 23 and 33 of the Act, which allow for the regulation of different classes of visas and entry permits. The primary purpose of these regulations is to extend the operational period of certain visa and entry permit regulations until 31 August 1994, aligning with the commencement of relevant provisions of the Migration Reform Act, which was scheduled to begin on 1 November 1993 but was deferred until 1 September 1994. The policy objective behind this amendment is to ensure continuity in the administration of migration regulations during the transition period.
Scope and Application
The Migration (1993) Regulations (Amendment) 1993 No. 267 applies to all matters governed by the Migration Act 1958, including the grant and refusal of visas and entry permits, and aims to extend the operational period of certain regulations. These regulations specifically affect all persons and entities seeking or subject to the issuance of visas and entry permits under the Migration Act. The scope of the Act is comprehensive, applying to all individuals and entities seeking to enter or remain in Australia, and it is enforced at the national level. The regulations extend the validity of the existing rules concerning visa grants and entry permits until 31 August 1994, aligning with the delayed commencement of the Migration Reform Act. This amendment ensures continuity in the application of the existing visa and entry permit regulations until the new provisions come into effect.
Key Provisions
The Migration (1993) Regulations (Amendment) 1993 No. 267 primarily focuses on extending the period for certain visa and entry permit regulations. Regulation 2 amends subregulation 2.12(2) to extend the application of existing visa grant regulations until 31 August 1994. This change ensures that the current rules governing the granting of visas remain in effect beyond the originally specified date of 31 October 1993. Similarly, Regulation 3 amends subregulation 2.27(2) to extend the application of existing entry permit regulations until 31 August 1994, thereby maintaining the current rules for the grant of entry permits beyond the initially set date of 31 October 1993.
These regulations impose the obligation on relevant parties, such as visa applicants and immigration authorities, to adhere to the existing rules for the granting of visas and entry permits until the extended date of 31 August 1994. This ensures a seamless transition and compliance with the current legislative framework until the commencement of the new Migration Reform Act provisions, which are set to commence on 1 September 1994.
The regulations do not introduce new offences or penalties. However, any breach of the existing visa and entry permit regulations prior to the commencement of the new Migration Reform Act provisions on 1 September 1994 may result in the application of existing penalties under the Migration Act 1958. These penalties can include fines and, in some cases, imprisonment, depending on the nature and severity of the breach. The specific penalties for breaches of the Migration Act 1958 are detailed in sections 132 and 133 of the Act, which provide for fines up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment terms.