EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration Regulations (Amendment)
1990 No. 69
Section 181 of the Migration Act 1958 (the Act) provides the power in so far as is relevant to prescribe matters which are required by the Act and which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
In addition, regulations are prescribed pursuant to the following powers:
- section 33 of the Act provides that without limiting the generality of section 181, the regulations may provide for inter alia different classes of entry permits;
The regulations amend the Migration Regulations to:
- repeal regulation 142A of the Migration Regulations relating to the class of entry permit called PRC citizen (permanent) entry permit;
- create a new class of entry permit to extend the eligibility for certain classes of existing entry permits to provide for protection to be given to nationals of the Peoples’ Republic of China (PRC), who could be subject to personal danger if they had to return to their home country.
Details of the regulations are set out in the Attachment.
The regulations commenced on 20 February 1990.
Authority: Sections 33 and 181 of the Migration Act 1958
Issued by the Minister of State for Local Government for and on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
Regulation 1 - PRC citizen (permanent) entry permit
This regulation repeals regulation 142A of the Migration Regulations relating to the class of entry permit called PRC citizen (permanent) entry permit which failed to properly set out all the criteria required to be satisfied by an applicant to be granted this class of entry permit and inserts a new regulation 142A. This provides for all the criteria to be satisfied before the grant of a permanent entry permit after entry to a citizen of the People’s Republic of China who holds an extended eligibility (PRC) entry permit or a temporary entry permit valid for the purpose of the grant of a permanent entry permit after entry.