Overview

The Migration (ImmI 18/046: Determination of Designated Migration Law) Instrument 2018 is made under the Migration Act 1958 and revokes the earlier instrument ImmI 07/091 – Designated Migration Law (F2007L04440). This instrument was introduced to ensure that Subdivision AF of Division 3 of Part 2 of the Act remains designated migration law, following the expiration of ImmI 07/091. The instrument was enacted by the Australian Government, specifically by the Minister for Immigration and Border Protection, as it pertains to the administration of migration-related decisions and processes. The policy objective behind this instrument is to maintain continuity in the administration of migration laws by ensuring that certain provisions of the Act remain designated migration law, without requiring any substantive changes to existing arrangements. The instrument is of a minor nature, meaning it does not alter existing arrangements, and therefore did not require consultation or a Regulatory Impact Statement.

Scope and Application

The Migration (Immi 18/046: Determination of Designated Migration Law) Instrument 2018 applies to the Minister for Immigration and Border Protection and pertains to the application of specific provisions within the Migration Act 1958. This instrument specifically revokes the previous instrument, IMMI 07/091, and replaces it with IMMI 18/046, ensuring that Subdivision AF of Division 3 of Part 2 of the Migration Act remains designated migration law. The instrument authorises the use of computer programs by the Minister to assist in decision-making, exercising powers, and complying with obligations under the Act. It is of a minor nature and does not require consultation, a Regulatory Impact Statement, or a Statement of Compatibility with Human Rights. The instrument operates nationwide and commences on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The main operative sections of Instrument IMMI 18/046 under the Migration Act 1958 (the Act) are found in sections 495A and 15J, and paragraph 495A(3)(b). Section 495A allows the Minister to use computer programs for making decisions, exercising powers, and complying with obligations related to migration matters. Paragraph 495A(3)(b) specifically empowers the Minister to determine which provisions of the Act are part of the designated migration law. Section 15J(2)(e) provides that consultation is not necessary for minor or machinery instruments, which is the nature of this instrument. This instrument revokes the previous instrument IMMI 07/091, ensuring that Subdivision AF of Division 3 of Part 2 of the Act remains part of the designated migration law. The Act imposes obligations on the Minister to determine which provisions of the Act will be part of the designated migration law, ensuring that the necessary computer programs are used for decision-making and compliance. The Minister must also ensure that the provisions remain current and effective, which involves revoking outdated instruments and replacing them with new ones as necessary. This process ensures that the administration of migration law is streamlined and up-to-date. The Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required for this minor instrument, as it does not alter existing arrangements significantly. In terms of consequences for breach, the Act does not specify any criminal or civil penalties for non-compliance with this instrument. However, the failure to adhere to the provisions could result in procedural errors in the administration of migration law. For example, if the Minister does not properly determine the designated migration law, it could lead to delays or incorrect decisions in visa applications and other migration-related matters. Given that this instrument is of a minor or machinery nature, the focus is on ensuring that the law remains effective and efficient rather than imposing penalties for non-compliance.