Migration Regulations (Amendment) 1991 No. 229
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 229
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.
These Regulations provide for the Business Migration Program to be ended in its present form by amending the principal Regulations so that no person can apply for, or be granted a permanent entry permit on the grounds of establishing a business in Australia under the regulations embodying the present scheme unless:
(1) the individual has made an application before 2 August 1991; or
(2) a notification has been lodged by an accredited business migration agent before 2 August 1991 that the individual intends to apply for permanent residence on business grounds, and the application is lodged before 2 November 1991.
These amendments also apply to non-dependent children of principal applicants where the child is seeking to enter Australia on the grounds that he or she is essential to the efficient conduct of business in question.
Details of the Regulations are: Regulation 1
This regulation provides for the Migration Regulations to be amended. Regulation 2 - Regulation 2 (Interpretation)
This regulation provides a definition of "notification" and "accredited agent". Regulation 3 - New regulation 34AA
This regulation provides that an application for permanent residence in Australia on the grounds of establishing a business in Australia cannot be made unless it is made within the time limits set out above.
Regulations 4 and 5 - Regulation 47 (Business (general) visa) and Regulation 48 (Business (joint venture) visa)
These regulations amend regulations 47 and 48 so that the grant of a visa under them cannot be made unless the application is lodged in accord with the time limits set out above.
Regulation 6 - Regulation 95 (Return visa Class B)
This regulation makes a technical correction.
Regulations 7 and 8 - Regulation 128 (Extended eligibility (economic) entry permit) and Regulation 139 (Skilled occupation entry permit)
These regulations amend regulations 128 and 139 so that the grant of an entry permit under them cannot be made unless the application is lodged in accord with the time limits set out above.
Authority: Sections 23, 33 and 181 of the Migration Act 1958
Issued by the Minister for Immigration, Local Government and Ethnic Affairs
Overview
The Migration Regulations (Amendment) 1991 No. 229, issued under the authority of the Migration Act 1958, was introduced to address the need to streamline and formalise the business migration process in Australia. The Act, enacted in 1958, provides the legislative framework for managing migration into Australia, including provisions for different classes of visas and entry permits. These regulations specifically target the Business Migration Program by setting strict time limits for applications related to establishing a business in Australia. This change was necessary to ensure that the program operates within a clearly defined framework, thereby maintaining fairness and transparency in the application process.
These amendments were made under the authority of sections 23, 33, and 181 of the Migration Act 1958, and were issued by the Minister for Immigration, Local Government and Ethnic Affairs. The policy objective of these amendments was to conclude the Business Migration Program in its existing form by ensuring that no new applications could be made beyond the specified deadlines. This measure aimed to bring certainty and finality to the program, allowing for a more controlled and regulated approach to business migration in Australia.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 229 pertains to the Migration Act 1958 and applies to individuals seeking to establish a business in Australia by obtaining a permanent entry permit. Specifically, the Act imposes stringent time limits on such applications, mandating that they must be submitted before 2 August 1991, or a notification must be lodged by an accredited business migration agent before this date, with the actual application to follow before 2 November 1991. These restrictions also extend to non-dependent children of principal applicants who are seeking entry on business grounds. The regulations amend various sections, including those concerning Business (general) visas, Business (joint venture) visas, and economic and skilled occupation entry permits, ensuring compliance with the specified timelines. The Act’s amendments are applicable nationally and are enforced under the authority of Sections 23, 33, and 181 of the Migration Act 1958.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 229 introduces several key changes to the Migration Act 1958, primarily aimed at restructuring the Business Migration Program. Regulation 3, the new regulation 34AA, stipulates that any application for permanent residence in Australia on the basis of establishing a business must be submitted before 2 November 1991. This applies to both the principal applicant and any non-dependent children who are integral to the business's operation. Regulation 4 and Regulation 5 modify Regulations 47 and 48, which pertain to Business (general) visas and Business (joint venture) visas, respectively, ensuring that visa applications under these categories must also adhere to the specified timeframes. Furthermore, Regulations 7 and 8 amend Regulations 128 and 139, concerning the Extended eligibility (economic) entry permit and the Skilled occupation entry permit, to align with the same deadlines for applications.
These amendments impose clear obligations on prospective applicants and their families. Individuals intending to apply for permanent residence or business visas must ensure their applications are submitted within the stipulated timeframes, or they risk being ineligible for the program. Additionally, these regulations require applicants to either personally submit their applications by 2 November 1991 or have their intentions notified by an accredited business migration agent by 2 August 1991. Failure to comply with these requirements means that no application can be processed or granted under the current scheme.
Breach of the regulations results in significant legal consequences. Any applications lodged outside the specified deadlines will not be considered under the Business Migration Program, effectively barring applicants from obtaining a permanent entry permit based on business establishment. This stringent enforcement ensures that the legislative changes are adhered to, maintaining the integrity of the program's intended scope and timeframe. The regulations also highlight the importance of working with accredited agents to ensure compliance, as they play a crucial role in verifying and processing applications within the stipulated periods.