EXPLANATORY STATEMENT
STATUTORY RULES NO. 201 of 1988
Migration Regulations (Amendment)
Issued by the authority of the Minister for Immigration, Local Government and Ethnics Affairs
Section 67 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraphs 67(1)(cb) and (cc) specifically provided for the making of regulations concerning the collection by international air operators of fees under sub section 34A(2) of the Act and for the payment by international air operators to the Commonwealth of amounts under subsection 34A(3).
Section 34A of the Act imposed a fee on passengers, other than prescribed passengers, for immigration clearance of that passenger by an officer at the airport at which the pasenger entered Australia. The fee was collected by the international air carrier, and was payable to the Commonwealth whether or not the fee was actually collected from the passenger by the international air carrier. Section 34A and paragraphs 67(1)(cb) and (cc) were repealed with effect from 1 July 1988 by the Migration Amendment Act 1988.
Regulation 30A of the Migration Regulations prescribed the fee payable for the purposes of section 34A of the Act at $5. Regulation 30B of the Regulations defined the prescribed passengers for the purposes of section 34A of the Act.
The regulations repealed both regulations 30A and 30B as a consequence of the repeal of section 34A and paragraphs 67(1)(cb) and (cc) of the Act.
The regulations commenced from the date of Gazettal.