EXPLANATORY STATEMENT

Migration Act 1958

REVOCATION OF SECTION 499 DIRECTION NO 25

(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 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 “Direction No. 25 – Strip Search of Immigration Detainees”, signed on 27 September 2001.

4.                  The Instrument operates to revoke the Direction No. 25. 

5.                  Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6. 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.

7.                   The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 14225).

8. Instrument, IMMI 11/059, commences on signature, and no retrospective disadvantage is suffered as a consequence of registration after this date.