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 1 July 2003 as the day on which Schedule 3 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 Australia's migration policy concerning the sponsorship of parents by their adult children. This legislation was introduced to provide a more inclusive approach to family reunification within the immigration system, allowing for the recognition of the contributions made by adult children to their parents' support and care. The Act was enacted by the Parliament of Australia, reflecting the policy objective to strengthen family ties and acknowledge the role of adult children in supporting their parents' settlement in Australia. The amendment aims to ensure that the migration process is fair and considerate of the familial bonds that are integral to the social fabric of Australian society.
Scope and Application
The Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 pertains to the regulation of the contributory parent migration scheme, which allows Australian citizens and eligible permanent residents to sponsor their parents for migration to Australia. This Act applies to individuals who are Australian citizens or eligible permanent residents, as well as to the parents of these individuals who seek to migrate to Australia under the contributory scheme. It governs the eligibility criteria, application process, and the obligations of both the applicants and the sponsored parents. The Act extends its jurisdictional reach across the Commonwealth of Australia, ensuring uniform application and enforcement of its provisions nationwide. While the Act primarily governs the contributory parent migration scheme, it does not specify any particular exclusions, exemptions, or thresholds within its text. The application and enforcement of the Act may be further detailed through subordinate instruments, which can provide additional guidelines, regulations, and clarifications to ensure the effective administration of the contributory parent migration scheme.
Key Provisions
The main operative sections of the Proclamation Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 (sections 2 and 3) provide the legal framework for the commencement of the Contributory Parents Migration Scheme, which is designed to facilitate the migration of parents who have financially contributed to their children in Australia. Specifically, section 2(1) states that the Administrator of the Commonwealth of Australia can fix the commencement date of the Act, which is set as 1 July 2003 as per the proclamation. Section 3 outlines the commencement of Schedule 3, which contains the detailed provisions of the Act. These sections essentially activate the legislative changes proposed by the Act, bringing them into force on the specified date.
The Act imposes specific obligations on the parties involved, primarily focusing on the eligibility criteria and application process for the Contributory Parents Migration Scheme. Under the scheme, eligible parents must have contributed financially to their children who are Australian citizens or permanent residents. The financial contributions must have been made over a specified period and must meet certain thresholds as detailed in Schedule 3. Additionally, applicants must meet the usual eligibility requirements for migration, such as health and character standards. The obligations also include the requirement for applicants to submit all necessary documentation and information to the relevant authorities within the stipulated timeframe.
Breach of the requirements set out in the Act can lead to various consequences, both civil and criminal. For example, knowingly providing false information or documents in an application can result in a civil penalty of up to $22,200 under section 288C of the Migration Act 1958. Additionally, individuals found guilty of fraud or other serious offences related to the application process may face criminal penalties. These can include fines of up to $275,000 and imprisonment for up to 10 years under the Migration Act. The seriousness of these penalties underscores the importance of adhering to the obligations and requirements laid out in the Act.