Migration Amendment Act (No. 3) 1991

Overview

The Migration Amendment Act (No. 3) 1991 was enacted by the Parliament of Australia to address specific deficiencies in the existing migration framework, particularly in relation to the payment of health services charges for visa applicants and the conditions under which visas and entry permits may be granted. The Act amends the Migration Act 1958 to integrate provisions regarding health service charges, which were introduced concurrently with the Migration (Health Services) Charge Act 1991. The primary policy objective of this legislation is to ensure that applicants for visas and entry permits are informed of the requirement to pay applicable charges before a visa or entry permit can be granted. By amending the Migration Act 1958, the Act also provides clarity and enforcement mechanisms for the new charge-related conditions, thereby maintaining the integrity of Australia's migration system.

Scope and Application

The Migration Amendment Act (No. 3) 1991 amends the Migration Act 1958, primarily focusing on the processes surrounding the grant or refusal of visas and entry permits for individuals seeking to enter or remain in Australia. The Act applies to all persons and entities involved in the migration process, including applicants, the Minister for Immigration, and relevant officials within the Department of Immigration and Border Protection. It introduces specific conditions under which visas and entry permits cannot be granted if certain charges under the Migration (Health Services) Charge Act 1991 are not paid. The Act has a national reach, applying across all states and territories of Australia as it amends a Commonwealth Act. There are no specific exclusions mentioned in the text, but the Act allows for regulations to be made under the new provisions, which may introduce further specificity or exceptions in subordinate instruments.

Key Provisions

The Migration Amendment Act (No. 3) 1991 (C2004A04273) amends the Migration Act 1958 (the Principal Act) in several significant ways. Firstly, section 3 amends the Principal Act to include new provisions around the granting of visas. Specifically, it introduces a requirement for applicants to pay a charge under the Migration (Health Services) Charge Act 1991 before a visa can be granted. If regulations require an assurance of support for the applicant, the Minister must provide written notice to the applicant that a visa cannot be granted unless the charge has been paid. Section 3 also includes a provision that allows regulations to require an assurance of support only in cases where the Minister decides. If a charge under the Migration (Health Services) Charge Act 1991 has not been paid, the Minister cannot grant the visa. Section 4 of the Act similarly amends section 34 of the Principal Act to include new provisions for the granting of entry permits. It requires the Minister to give the applicant written notice that an entry permit cannot be granted unless the charge under the Migration (Health Services) Charge Act 1991 has been paid if regulations require an assurance of support for the applicant. It also includes a provision that allows regulations to require an assurance of support only in cases where the Minister decides. If a charge under the Migration (Health Services) Charge Act 1991 has not been paid, the Minister cannot grant the entry permit. Section 5 of the Act amends section 181 of the Principal Act by inserting a new provision that allows regulations to be made for the remission, refund or waiver of charges under the Migration (Health Services) Charge Act 1991. The Act imposes several obligations on the Minister and applicants for visas and entry permits. The Minister must provide written notice to applicants that a charge under the Migration (Health Services) Charge Act 1991 must be paid before a visa or entry permit can be granted if regulations require an assurance of support. Regulations can require an assurance of support only in cases where the Minister decides. If a charge under the Migration (Health Services) Charge Act 1991 has not been paid, the Minister cannot grant a visa or entry permit. Applicants must pay the charge under the Migration (Health Services) Charge Act 1991 before a visa or entry permit can be granted if regulations require an assurance of support. The Act does not specify any offences, penalties, or consequences for breach. However, it is likely that failure to comply with the requirements of the Act could result in legal action being taken against the Minister or applicants for visas and entry permits. The maximum penalties for breaches of the Act are not specified in the text of the Act.