EXPLANATORY STATEMENT
Subject - Migration Act 1958
Migration (Criteria and General)
Regulations (Amendment)
1989 No. 414
Section 67 provides the power so far as is relevant to prescribe the making provision for furnishing or obtaining information with respect to persons on board vessels arriving in or leaving Australia, the practice and procedure in relation to proceedings before a Commissioner or prescribed authority; requiring of assurances of support; enabling a person who has breached section 11C of the Act to pay the Commonwealth a penalty not exceeding $1,500; and prescribing penalties for breach of regulations not exceeding 6 months jail or $1000 fine.
Subsection 58(3) provides the power to make provision for and in relation to migrant centres including the establishing and operation of canteen services, conduct and control of persons and removal of persons in relation to the migrant centres.
These regulations amended:
- the Migration (Criteria and General) Regulations by amending the title to the Migration Regulations, thereby becoming the Principal Regulations.
- the Principal Regulations by inserting what are in fact, the Migration Regulations as they existed before commencement of these regulations.
These amendments resulted in a discrete set of Migration Regulations.
Regulation 1 - Principal Regulations
This regulation states that the Principal Regulations mean the Migration (Criteria and General) Regulations.
Regulation 2 - Citation
This regulation amends regulation 1 of the Principal Regulations by omitting “Migration (Criteria and General) Regulations”. The Migration (Criteria and General) Regulations thereby becoming the Migration Regulations.
Regulation 3 - Interpretation
This regulation sets out a number of definitions for the purposes of the Regulations.
Regulations 4 to 6
These regulations merely repeat the provisions which were in the Migration Regulations before the commencement of the Migration Regulations (Repeal).
In brief they cover:
- Provision by master of vessel of information regarding passengers and crew;
- Procedures of Commissioners and Prescribed Authorities;
- Assurances of Support;
- Migrant Centres;
- Infringement notice; and
- Offences
Regulation 7 - Formal amendments - renumbering
This regulation amends by reference to the Schedule, the references in the Principal Regulations to the provisions of the Migration Act 1958 which have been renumbered as a result of section 35 of the Migration Legislation Amendment Act 1989.
Schedule
The schedule sets out those provisions as indicated in regulation 7.
| Authority: | sections 67 and 58 of the Migration Act 1958 |