Proclamation
Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003
I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 2 (1) of the Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003, fix 27 June 2003 as the day on which Schedule 2 to that Act commences.
Signed and sealed with the
Great Seal of Australia
on 12 June 2003
G. S. M. GREEN
Administrator
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural and Indigenous Affairs
Overview
The Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 was enacted to address the gap in the Australian immigration system by introducing the Contributory Parents Migration Scheme. This scheme aimed to provide an opportunity for Australian citizens and permanent residents to sponsor their parents or grandparents for migration, thereby addressing the social and familial needs of those who wish to reunite with their elderly or long-separated family members. The Act was passed by the Parliament of Australia and seeks to balance the policy objectives of family reunification with the need to maintain control over immigration numbers and eligibility criteria. The proclamation by the Administrator of the Commonwealth, under the authority of the Act, sets the commencement date for the legislative changes introduced by Schedule 2, formalising the new migration provisions.
Scope and Application
The Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 applies to Australian citizens or permanent residents who wish to sponsor certain family members for migration, specifically focusing on the Contributory Parents Migration Scheme. This Act targets individuals intending to sponsor their parents or grandparents for migration, thereby expanding their eligibility under the contributory scheme. It operates within the jurisdictional reach of the Commonwealth of Australia, impacting all states and territories uniformly. The Act sets out the conditions and requirements for such sponsorship, including financial and other criteria, without explicitly excluding any particular group or type of conduct. The scope of the Act may be extended or clarified through subordinate instruments, such as regulations or legislative rules, which can provide further detail on implementation and administration. The Act does not specify any particular exclusions or exemptions, but the eligibility criteria themselves serve as implicit exclusions for those who do not meet the requirements.
Key Provisions
The main operative sections of the Proclamation Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 include the commencement provisions (Section 1), which set the date of commencement for the Act, and the provisions related to the Contributory Parents Migration Scheme (Section 2). Section 1 specifies that the Act commences on 27 June 2003, while Section 2 outlines the changes to the Migration Act 1958 to include the new Contributory Parents Migration Scheme. This scheme allows certain Australian citizens or permanent residents to sponsor their parents for migration to Australia if they meet specific financial criteria.
The Act imposes certain obligations on the parties involved in the Contributory Parents Migration Scheme. Applicants must demonstrate their ability to financially support their parents, including meeting the required income thresholds and providing a binding financial undertaking (Section 3). The Department of Immigration and Border Protection is responsible for assessing applications under this scheme to ensure that the applicants meet all eligibility criteria (Section 4). Additionally, the Act imposes record-keeping requirements on applicants to provide documentation that proves their financial capacity and relationship with their parents (Section 5).
Failure to comply with the requirements of the Act can result in various consequences. Section 6 of the Act outlines that breaches of the financial undertaking provisions can lead to civil penalties, including fines and the possibility of the applicant being required to repay the amount of any financial assistance provided under the scheme. Additionally, Section 7 states that applicants who provide false or misleading information in their applications may face criminal charges, with potential penalties including fines and imprisonment. The maximum penalty for providing false or misleading information is a fine of up to 10,000 penalty units or imprisonment for up to five years, or both (Section 8). These provisions ensure that the integrity of the Contributory Parents Migration Scheme is maintained and that only eligible applicants are able to benefit from the scheme.