Commonwealth of Australia
Migration Act 1958
Migration Regulations 1994
SPECIFICATION OF ORGANISATIONS FOR THE PURPOSES OF SCHEDULES 2 AND 5A AND FOR THE PURPOSES OF THE DEFINITION OF FUNDS FROM AN ACCEPTABLE SOURCE IN SCHEDULES 2, 5A AND 5B OF THE MIGRATION REGULATIONS 1994
I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and Schedules 2, 5A and 5B of the Migration Regulations 1994 (‘the Regulations’):
- REVOKE the Gazette Notice signed on 27 November 2003 specifying organisations for the purposes of Schedules 2 and 5A and for the purposes of the definition of “funds from an acceptable source” in Schedules 5A and 5B of the Migration Regulations 1994 (‘the Regulations’);
2. SPECIFY the following organisations for the purposes of the paragraphs in Schedule 2 of the Regulations listed in Attachment A:
(a) National Red Cross and Red Crescent Societies;
(b) The Ford Foundation; and
(c) Rotary International.
3. SPECIFY the following organisations for the purposes of the paragraphs in Schedule 5A of the Regulations listed in Attachment A:
(a) National Red Cross and Red Crescent Societies;
(b) The Ford Foundation; and
(c) Rotary International.
4. SPECIFY the following organisations for the purposes of the definition of “funds from an acceptable source” in the paragraphs in Schedules 2, 5A and 5B of the Regulations, listed in Attachment B:
(a) National Red Cross and Red Crescent Societies;
(b) The Ford Foundation; and
(c) Rotary International.
This notice has effect on publication.
Dated 23 December 2003.
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs
[NOTE 1: Gazette Notice is defined in regulation 1.03 to mean a notice in the Gazette by the Minister that is authorised by the Act or a notice under regulation 1.17.
NOTE 2: Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.]
ATTACHMENT A
Paragraphs in Schedule 2 of the Migration Regulations 1994:
570.332(2)(c)(ii)(B) | 570.332(4)(c)(ii)(B) |
571.332(2)(c)(ii)(B) | 571.332(4)(c)(ii)(B) |
572.332(2)(c)(ii)(B) | 572.332(4)(c)(ii)(B) |
573.332(2)(c)(ii)(B) | 573.332(4)(c)(ii)(B) |
574.332(2)(c)(ii)(B) | 574.332(4)(c)(ii)(B) |
575.332(2)(c)(ii)(B) | 575.332(4)(c)(ii)(B) |
Paragraphs in Schedule 5A of the Migration Regulations 1994:
5A104(1) under Item 1(b)(ii) | 5A104(2) under Item 1(b)(ii) |
5A205(1A)(c)(ii) | 5A208(1A)(c)(ii) | 5A211(1A)(b)(ii) |
5A305(1A)(c)(ii) | 5A308(1A)(c)(ii) | 5A311(1A)(b)(ii) |
5A405(1A)(c)(ii) | 5A408(1A)(c)(ii) | 5A411(1A)(b)(ii) |
5A505(1A)(c)(ii) | 5A508(1A)(c)(ii) | 5A511(1A)(b)(ii) |
5A605(1A)(c)(ii) | 5A608(1A)(c)(ii) | 5A611(1A)(b)(ii) |
5A705(1A)(c)(ii) | 5A708(1A)(c)(ii) | 5A711(1A)(b)(ii) |
ATTACHMENT B
Paragraphs in Schedules 2, 5A and 5B of the Migration Regulations 1994:
580.112(e)(vi) | 580.113(e)(vi) |
5A205(2)(b)(vi) | 5A208(2)(d)(vii) |
5A305(2)(d)(vi) | 5A308(2)(d)(vii) |
5A405(2)(b)(vii) | 5A408(2)(d)(vii) |
5A505(2)(d)(vii) | 5A508(2)(e)(vii) |
5A605(2)(d)(vii) | 5A608(2)(d)(vii) |
5A705(2)(b)(iv) | 5A708(2)(d)(vii) |
5B201(3)(d)(vii) | 5B202(3)(d)(vii) |
5B301(3)(d)(vii) | 5B302(3)(d)(vii) |
Overview
The Migration Regulations 1994, administered under the Migration Act 1958, have been updated to address the need for a more streamlined and contemporary approach to specifying organisations that qualify under various schedules for the purposes of assessing the financial capacity of visa applicants. This legislative instrument, enacted in 2003 by the Minister for Immigration and Multicultural and Indigenous Affairs, Amanda Vanstone, serves to revise the existing list of specified organisations, ensuring that it reflects current global entities and practices. By specifying particular organisations such as the National Red Cross and Red Crescent Societies, The Ford Foundation, and Rotary International, the Regulations aim to provide clarity and consistency in the application of migration laws, particularly in relation to financial assessment criteria for visa applicants. This update is intended to ensure that the criteria remain relevant and effective in supporting the policy objective of maintaining the integrity of Australia's immigration system while facilitating legitimate migration pathways.
Scope and Application
The Migration Act 1958, and the associated Migration Regulations 1994, govern the movement of people to, from, and within Australia. The legislative instrument F2005B02732, issued by the Minister for Immigration and Multicultural and Indigenous Affairs, specifies certain organisations for the purposes of Schedules 2 and 5A, and for the definition of "funds from an acceptable source" in Schedules 2, 5A, and 5B of the Migration Regulations 1994. This instrument revokes a previous gazette notice from 2003 and updates the list of specified organisations, including the National Red Cross and Red Crescent Societies, The Ford Foundation, and Rotary International. These organisations are recognised for their role in providing financial support to migrants under specific conditions outlined in the Regulations. The instrument applies nationally across Australia, affecting entities and individuals involved in migration-related transactions by ensuring compliance with the specified criteria for acceptable sources of funds. The Regulations' jurisdictional reach is comprehensive, extending to all states and territories within Australia, and it does not include any stated exclusions or exemptions in this particular legislative instrument. The application of the Act and Regulations can be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The primary operative sections of this legislative instrument specify and revoke previous specifications of organisations for certain purposes under the Migration Regulations 1994. Specifically, section 1 revokes the previous Gazette Notice dated 27 November 2003 that specified organisations for Schedules 2 and 5A, as well as for the definition of "funds from an acceptable source" in Schedules 2, 5A, and 5B of the Migration Regulations. Section 2 then specifies the National Red Cross and Red Crescent Societies, The Ford Foundation, and Rotary International for the purposes of certain paragraphs in Schedule 2 of the Regulations, as detailed in Attachment A. Similarly, section 3 specifies the same organisations for the purposes of certain paragraphs in Schedule 5A of the Regulations, also detailed in Attachment A. Finally, section 4 specifies these organisations for the purposes of the definition of "funds from an acceptable source" in Schedules 2, 5A, and 5B of the Regulations, as outlined in Attachment B.
The Act imposes certain obligations on the entities specified, primarily requiring that these organisations meet the criteria set out in the Migration Regulations 1994 for the purposes identified. This includes ensuring that the National Red Cross and Red Crescent Societies, The Ford Foundation, and Rotary International are recognised as acceptable sources of funds and relevant entities for the specified provisions. The Minister for Immigration and Multicultural and Indigenous Affairs has the authority under regulation 1.17 to specify these organisations through a Gazette Notice. These specifications are crucial for determining the eligibility of individuals applying for visas under the Migration Regulations.
Breaches of the requirements specified in this legislative instrument may lead to various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in this instrument, non-compliance with the Migration Regulations 1994 can generally result in penalties under the Migration Act 1958. These penalties can include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for offences under the Migration Act can vary significantly, with some offences carrying fines of up to $132,000 and/or imprisonment for up to 10 years for serious offences. The specific penalties applicable to breaches related to the specified organisations would be determined based on the relevant provisions of the Migration Regulations and the Act.