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 |
Overview
The Migration (Criteria and General) Regulations (Amendment) 1989 No. 414 was enacted to address the need for a streamlined and updated regulatory framework under the Migration Act 1958. This regulation was introduced to consolidate and clarify the existing provisions, enhancing the operational efficiency and effectiveness of migration-related processes. The objective of these amendments was to create a more cohesive and discrete set of regulations, which would facilitate easier navigation and compliance by stakeholders, including immigration authorities, airlines, and individuals. Enacted by the Parliament of Australia, the regulation aimed to formalise the Migration (Criteria and General) Regulations as the principal regulations, thereby establishing a clear and authoritative legislative foundation for managing migration criteria and procedures in Australia.
Scope and Application
The Migration (Criteria and General) Regulations (Amendment) 1989 No. 414 pertains to the administration and enforcement of the Migration Act 1958, particularly focusing on the criteria and general provisions for migration. These regulations apply to all persons, entities, and industries involved in migration processes within Australia, including those who are subject to visa applications, those arriving on or departing from Australian territory, and those engaging in transactions related to migration. The scope of the Act extends nationally across the Commonwealth, ensuring uniformity in the application of migration laws. However, certain exclusions and exemptions may apply as per the specific provisions within the Act and its subordinate instruments. Additionally, these regulations empower the prescribing of procedures and penalties for breaches, including fines and imprisonment, and extend their application through formal amendments and renumbering of sections within the Migration Act 1958, as outlined in the schedule.
Key Provisions
The Migration (Criteria and General) Regulations (Amendment) 1989 No. 414 primarily serve to update and streamline the existing Migration (Criteria and General) Regulations. Section 67 of the Migration Act 1958 is the foundational provision that empowers the creation of these regulations. It mandates the inclusion of provisions for the collection and furnishing of information about individuals on vessels arriving in or departing from Australia (Section 67). Additionally, it details the procedures for hearings before a Commissioner or a prescribed authority, the requirement for support assurances from certain individuals, and the imposition of a penalty of up to $1,500 for breaches of section 11C of the Act. Subsection 58(3) further empowers the establishment and operation of migrant centres, including the conduct, control, and removal of individuals within these centres.
These regulations impose specific obligations on various parties. For instance, the master of a vessel arriving in Australia must provide detailed information about passengers and crew (Regulation 4). Commissioners and prescribed authorities are required to follow specific procedures when conducting hearings or making decisions (Regulation 5). Individuals seeking entry or who have already entered Australia may need to provide assurances of support, ensuring they have the means and support to integrate into society (Regulation 6). Furthermore, migrant centres must adhere to strict guidelines for their operation, including the establishment of canteen services and the orderly conduct and removal of individuals (Regulation 5).
The regulations also outline the consequences for non-compliance. Breaching the provisions of these regulations can result in significant penalties. For example, individuals who violate section 11C of the Act may face a penalty of up to $1,500 (Section 67). Additionally, infringement notices can be issued for various breaches, with potential fines. More serious breaches may lead to criminal charges, with potential penalties including up to six months in jail or a fine of up to $1,000 (Regulation 6). These stringent measures ensure compliance with the regulations and the overall objectives of the Migration Act 1958.