EXPLANATORY STATEMENT
STATUTORY RULES NO. 47
MIGRATION REGULATIONS (AMENDMENT)
(Issued by the authority of the Minister for Immigration and Ethnic Affairs)
Section 67 of the Migration Act 1958 (the Act) empowers the Governor-General to make regulations prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act was amended by the Migration Amendment Act 1983 (the Amendment Act) by omitting, among other things, the terms “immigrant”, “prohibited immigrant” and “immigration agent” and substituting the terms “non-citizen”, “prohibited non-citizen” and “migration agent” respectively.
The Amendment Act came into operation on 2 April 1984.
The regulation amends the Migration Regulations as set out in the Schedule, by omitting the terms “immigrant”, “prohibited immigrant” and “immigration agent” wherever occurring and substituting the terms “migrant”, “prohibited non-citizen” and “migration agent” respectively.
The Schedule also omits the term “nationality” wherever occurring and substitutes “citizenship” and effects other amendments of a consequential nature.
The regulations are made in reliance on section 4 of the Acts Interpretation Act 1901 which provides that where an Act has not yet come into operation, unless a contrary intention appears, regulations may be made under the Act as if the Act had come into operation. As there was no contrary intention the proposed regulations came into effect on the date the Act came into operation.