EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations in relation to the granting and refusal of visas and entry permits.
The purpose of the Regulations is, consistent with the objective of implementing the United Nations Security Council Resolution No. 661 of 6 August 1990 (copy attached), to prevent activities by visitors (in a broad sense) to Australia which promote or are calculated to promote the sale or supply of any commodities or products whether or not originating in Australia, but not including certain medical supplies and in humanitarian circumstances, foodstuffs, to any person or body in Iraq or Kuwait or to any person or body for the purpose of any business carried on in or operated from Iraq or Kuwait.
Activities which involve the giving of assistance to the legitimate government of Kuwait are not prevented.
Persons in Iraq and Kuwait seeking business visas are the prime focus of these Regulations. The Regulations also cover persons who are engaged in trading with Iraq and Kuwait.
Details of the Regulations are set out in the Attachment.
| Authority: | Sections 23, 33 and 181 of the Migration Act 1958 |
Issued by the Minister for Local Government for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
MIGRATION (IRAQ AND KUWAIT) (UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 661) REGULATIONS
1 - Citation
This regulation provides for these Regulations to be cited as the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No 661) Regulations.
2 - Application
Regulation 2 provides for these Regulations to apply in spite of any provision in the Migration Regulations.
3 - Iraq and Kuwait - special restrictions
This regulation prevents the Minister granting a visa or entry permit to a person who is likely on entry into Australia to be involved directly or indirectly in the sale or supply of goods for the purposes of business activities in Iraq or Kuwait.
The regulation exempts from these activities the sale or supply of medical or surgical goods, or activities assisting the legitimate government of Kuwait.
The regulation also provides for the Minister to give permission in writing for the sale or supply of any goods to Kuwait or Iraq provided he/she is satisfied that such activity will not infringe Australia’s obligations under international law.
The regulation also enables the Minister to cancel an existing entry permit or visa if the holder is engaged in the sale or supply of goods for the purposes of business activities in Iraq or Kuwait.