EXPLANATORY STATEMENT

Migration Act 1958

INSTRUMENT OF REVOCATION

(Section 499)

1. This Instrument is made under section 499 of the Migration Act 1958 (‘the Act’).
2. Section 499 of the Act provides that the Minister may give written directions to a person or body having functions or powers under this Act if the directions are about the performance of those functions or the exercise of those powers.
3. The purpose of the Instrument is to revoke:

(a)          Direction No.11 MRT: Role and responsibilities of principal members,

(b)          Direction No.12 MRT: Roles and responsibilities of members,

(c)          Direction No.13 MRT: Streamlining measures,

(d)          Direction No.14 RRT: Role and responsibilities of principal members,

(e)          Direction No.15 RRT: Roles and responsibilities of members,

(f)           Direction No.18 Removal of immigration rights s.16,

(g)          Direction No.20 Powers concerning the entry of visitors to immigration detention centres,

(h)          Direction No.26 Screening procedures in relation to immigration detainees, and

(i)            Direction No.38 Guidelines for considering cancellations of student visas for non-compliance with student visa condition 8202 (or the review of such cancellation decisions) and for considering revocation of automatic cancellations of student visas (or for the review of decisions not to revoke such cancellations). 

4.                  The Instrument operates to revoke the above named Directions as they are non-legislative in nature and need to be removed from the Federal Register of Legislative Instruments.

5.                  Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is/is not required (OBPR Reference 2014/16327).

7.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8.                  The Instrument, IMMI 13/160, commences on 22 March 2014.