Migration Regulations (Amendment) 1991 No. 8
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 8
Subject - Migration Act 1958
Migration Regulations (Amendment)
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 providing for different classes of visas and entry permits.
The purpose of the Regulations is to amend the Migration Regulations to:
create a new class of entry permit - the Gulf conflict (temporary) entry permit - which will enable citizens of countries directly affected by the Gulf Conflict, who were in Australia on 17 January 1991, to extend their stay in Australia to 30 April 1991 (new regulation 119K);
create a new class of entry permit - the evacuation entry permit - to enable grant of entry permits should an emergency evacuation of people be required such as from an area affected by the Gulf Conflict (new regulation 119J);
make consequential amendments as a result of the creation of the above two classes of entry permit (amendments to regulations 22, 40 and Schedules 3, 5 and 8);
make technical amendments to the PRC (temporary) visa to provide for nomination of spouses and dependent children who wish to travel to Australia (new regulation 107B, omission of regulation 119HA); and
make technical and stylistic amendments (regulations 169, 173A and Schedule 1)
Authority: Sections 23, 33 and 181 of the Migration Act 1958
Issued by the Minister for Aboriginal Affairs for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs
Overview
The Migration Regulations (Amendment) 1991 No. 8 is a set of amendments made to the Migration Regulations 1994 under the authority of the Migration Act 1958. Enacted by the Minister for Aboriginal Affairs on behalf of the Minister for Immigration, Local Government and Ethnic Affairs, the amendments were introduced to address specific issues arising from the Gulf Conflict and to make technical adjustments to existing regulations. The primary objective of these amendments was to provide a temporary solution for citizens of countries directly affected by the Gulf Conflict who were already in Australia, ensuring they could extend their stay until 30 April 1991, and to establish provisions for emergency evacuations. Additionally, the amendments included technical changes to the PRC (temporary) visa to accommodate the nomination of spouses and dependent children, as well as other technical and stylistic adjustments to streamline the regulations.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 8 applies to individuals and entities involved in the administration and enforcement of the Migration Act 1958. This includes the Australian Government, its departments and agencies, as well as visa applicants and their families. The regulations are particularly pertinent to those affected by the Gulf Conflict, allowing for the creation of specific entry permits to address their unique circumstances. Geographically, the application of these regulations extends to the entire Commonwealth of Australia, encompassing all states and territories. The regulations also include provisions for amendments and technical adjustments to existing visa classes and entry permits, ensuring that the legal framework remains responsive to changing global events and humanitarian needs. Any exclusions or exemptions are not explicitly detailed in the explanatory statement but would be subject to the specific terms of the new and amended regulations.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 8 primarily introduces two new classes of entry permits under the Migration Act 1958 (the Act). Firstly, the Gulf conflict (temporary) entry permit, specified in new regulation 119K, is designed to allow citizens of countries directly affected by the Gulf Conflict who were in Australia on 17 January 1991 to extend their stay until 30 April 1991. Secondly, the evacuation entry permit, outlined in new regulation 119J, facilitates the grant of entry permits in cases of emergency evacuations, such as those necessitated by the Gulf Conflict. Additionally, the Regulations make several consequential amendments, including updates to regulations 22, 40, and Schedules 3, 5, and 8, to accommodate these new entry permit classes.
The obligations and requirements imposed by these Regulations include the necessity for applicants to meet specific eligibility criteria for each of the new entry permit classes. For the Gulf conflict (temporary) entry permit, applicants must have been in Australia on 17 January 1991 and be citizens of a country affected by the Gulf Conflict. For the evacuation entry permit, applicants must be in a situation necessitating an emergency evacuation. Moreover, the Regulations require the Department of Immigration and Border Protection to process applications for these permits efficiently and in accordance with the outlined criteria.
Breaching the provisions of these Regulations can lead to various civil and criminal consequences. The Regulations do not explicitly state penalties for non-compliance, but breaches of the Migration Act 1958 can result in substantial penalties. For example, knowingly making a false statement or providing false or misleading information to obtain a visa or entry permit can lead to fines of up to 50,000 Australian dollars or imprisonment for up to two years, or both, under section 231D of the Act. Additionally, facilitating or assisting someone to contravene the Act can attract similar penalties. These stringent measures underscore the importance of adhering to the Regulations and the broader legislative framework governing migration in Australia.