Overview

The Migration Act 1958, enacted by the Parliament of Australia, provides the legal framework for the administration of Australia's migration system, including the regulation of who may enter and remain in Australia. This legislation was introduced to address the need for a comprehensive and structured approach to managing immigration, ensuring public safety, and maintaining the economic and social well-being of the nation. The Act grants the Minister the authority to issue directions to entities performing functions or exercising powers under the Act, facilitating efficient administration and policy implementation. The explanatory statement for Instrument F2009L02966 indicates that it revokes Direction No. 32, which was related to the order of consideration and disposal of applications for visas in the family stream, and replaces it with Direction No. 43, effective from 15 August 2009. This change underscores the ongoing refinement of visa application processes to better align with policy objectives and operational efficiency.

Scope and Application

The Revocation of Section 499 Direction No 32 (Section 499) Instrument, F2009L02966, is a legislative instrument made under the Migration Act 1958, which applies to the Minister for Immigration and Citizenship as well as any person or body exercising functions or powers under the Act. The instrument revokes Direction No. 32 concerning the order of consideration and disposal of applications for visas in the family stream, which was previously signed on 26 June 2003. The revocation is effective as of 15 August 2009, when Direction No 43 will come into effect, thereby replacing Direction No. 32. The revocation applies on a national level, as the Migration Act 1958 is a Commonwealth Act, and therefore, the revocation and replacement of directions are applicable across Australia. There are no specific exclusions, exemptions, or thresholds mentioned in the explanatory statement; however, the Act and its subordinate instruments may contain such provisions.

Key Provisions

The main operative section of the legislation, section 499 of the Migration Act 1958, allows the Minister to issue directions to individuals or bodies that have functions or powers under the Act, specifically relating to the performance of those functions or the exercise of those powers (section 499(1)). The explanatory statement specifies that this particular Instrument, IMMI 09/076, is made under section 499 of the Act, and its purpose is to revoke the previous Direction No. 32 (section 499(3)). This Direction No. 32, which was signed on 26 June 2003, related to the order of consideration and disposal of applications for visas in the family stream under subsection 51(1) of the Migration Act 1958. The Instrument revokes this Direction No. 32 and replaces it with Direction No 43, which is set to take effect on 15 August 2009 (paragraphs 3 and 4). The obligations and requirements imposed by this Act primarily concern the Minister’s authority to issue directions to entities with functions or powers under the Act. These directions are specifically related to the manner in which those entities must perform their functions or exercise their powers. By revoking Direction No. 32 and replacing it with Direction No 43, the Act ensures that there is an updated directive governing the order of consideration and disposal of visa applications in the family stream. This change reflects updated policy considerations or operational adjustments that necessitate a new directive to ensure compliance with current legislative intent and procedural standards (paragraphs 2 and 3). The Act does not explicitly outline offences, penalties, or consequences for breaches within this specific Instrument. However, breaches of the directions issued under section 499 of the Migration Act 1958 can lead to various civil or criminal consequences depending on the nature and severity of the breach. Generally, non-compliance with directions or obligations under the Act can result in penalties such as fines, imprisonment, or both, as prescribed by the relevant sections of the Act. The specific penalties would depend on the nature of the contravention and could be found in other sections of the Migration Act 1958 (not detailed in this particular Instrument). The revocation of Direction No. 32 and introduction of Direction No 43 aim to ensure that all relevant parties adhere to the updated guidelines, thereby minimising the risk of non-compliance (implied through the need for updated directives).