Overview

The Migration Act 1958, enacted by the Commonwealth Parliament, addresses the regulation of immigration and the control of entry into Australia. One of the key objectives of this Act is to ensure that the functions and powers of those involved in the administration of immigration matters are exercised in accordance with the law. The Act allows the Minister for Immigration to issue directions to entities performing functions or exercising powers under the Act, enabling a streamlined approach to policy implementation and administrative efficiency. The revocation of Section 499 Direction No. 36, which was signed on 22 June 2005, was made to streamline the legislative framework and ensure that outdated or unnecessary administrative measures are no longer in effect. This revocation was implemented through the Instrument IMMI 09/035, which came into effect on 15 May 2009, aiming to align the legislative instruments with current policy and operational requirements.

Scope and Application

The Instrument IMMI 09/035, made under section 499 of the Migration Act 1958, serves to revoke Direction No. 36, which pertains to visitor applications. This revocation applies to any person or body that had functions or powers under the Act, specifically those related to the performance of these functions or the exercise of these powers. The Act itself is of Commonwealth reach and applies to all individuals and entities involved in migration processes within Australia. The revocation does not introduce new exclusions or exemptions but rather removes the previously specified criteria set out in Direction No. 36, which will no longer be in effect as of the commencement date of the Instrument on 15 May 2009. This change streamlines the application processes for visitors, impacting all relevant stakeholders including applicants, visa officers, and other authorised entities.

Key Provisions

The primary sections of the legislation, namely sections 499 of the Migration Act 1958, provide the Minister with the authority to issue directions to individuals or entities that hold functions or powers under the Act, specifically concerning the performance of those functions or the exercise of those powers. The explanatory statement clarifies that this particular instrument, IMMI 09/035, is intended to revoke Direction No. 36, which was issued on 22 June 2005, regarding visitor applications (section 499). This revocation signifies that Direction No. 36 will no longer be in effect and will not be replaced by any other directive. The revocation is set to take effect from 15 May 2009, as stated in the instrument. The obligations imposed by this legislation on the relevant parties primarily concern the cessation of adherence to Direction No. 36. Entities and individuals who previously had to comply with this direction are now relieved of those obligations. The revocation of Direction No. 36 means that any procedures, guidelines, or requirements that were previously stipulated in that direction are no longer binding. This change may affect how visitor applications are processed and the criteria that were once in place will no longer apply. In terms of consequences for non-compliance or breaches of the Act, it is important to note that the explanatory statement does not outline specific offences, penalties, or consequences for failing to adhere to the revocation of Direction No. 36. However, generally speaking, non-compliance with directions or provisions of the Migration Act 1958 can result in significant legal ramifications. Typically, such breaches may lead to administrative penalties, fines, or even legal action against individuals or entities. The exact penalties can vary depending on the nature and severity of the breach, but they can include substantial financial penalties and potential criminal charges in cases of serious non-compliance.