EXPLANATORY STATEMENT

Migration Act 1958

DESIGNATED MIGRATION LAW 

(PARAGRAPH 495A(3)(b))

1. This Instrument is made under paragraph 495A(3)(b) of the Migration Act 1958 (‘the Act’).

2.                  Subsection 495A(1) of the Act provides that the Minister may arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under the designated Migration Law

(a)            make a decision; or

(b)           exercise any power or comply with any obligation; or

(c)            do anything else related to making a decision, exercising a power, or complying with an obligation.

3.                  Subsection 495A(2) of the Act provides that the Minister is taken to have

(a)            made a decision; or

(b)           exercised any power or comply with any obligation; or

(c)            done anything else related to making a decision, exercising a power, or complying with an obligation

that was made, exercised, complied with or done (as the case requires) by the operation of a computer program under an arrangement under subsection 495A(1).

4.                  Subsection 495A(3) provides, relevantly, that the Minster may, by legislative instrument, determine any provision of the Act to be part of the designated migration law for the purposes of section 495A.

5.                  The purpose of the Instrument is to make Subdivision AF of Division 3 of Part 2 of the Act part of the designated migration law for the purposes of subsection 495A(1) of the Act.

6.                  The Instrument operates to allow the Minister to arrange for the use of a computer program to grant a Bridging Visa to applicants who have made valid applications for certain substantive visas.

7. This Instrument, IMMI 07/091, commences on the day after registration on the Federal Register of Legislative Instruments.