Migration Regulations (Amendment) 1992 No. 315
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 315
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
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 regulations to be made providing for different classes of visas and entry permits.
Under subsections 23(5) and 33(5) of the Act, regulations providing for the granting and refusal of visas and entry permits respectively, are taken to be repealed, unless otherwise disallowed, 2 years after the day on which such regulations take effect.
Currently the effect of these provisions of the Act have been suspended until 16 October 1992, after which the Migration Regulations would effectively cease to operate.
The purpose of the Regulations is to extend the "life" of the Migration Regulations until 31 January 1993, by when it is expected that a complete redraft of the existing Migration Regulations should be in force.
The details of the Regulations are:
Regulation 1 provides for the Migration Regulations to be amended.
Regulation 2 provides for the operation of subsection 23(5) of the Act to be suspended until 31 January 1993.
Regulation 3 provides for the operation of subsection 33(5) of the Act to be suspended until 31 January 1993.
The Regulations will commence on gazettal.
Overview
The Migration Regulations (Amendment) 1992 No. 315, issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs, serves to amend the existing Migration Regulations under the Migration Act 1958. This legislation was introduced to address the imminent expiration of the current regulations, which would have ceased to operate after 16 October 1992, creating a legislative gap until a complete redraft of the Migration Regulations could be implemented. The primary objective of these amendments is to extend the operational period of the current regulations until 31 January 1993, ensuring continuity in the administration of visas and entry permits during the transition period. By suspending the automatic repeal provisions of the Act until the new regulations are fully in place, the amendments aim to maintain legal certainty and operational efficiency in the management of migration matters.
Scope and Application
The Migration Regulations (Amendment) 1992 No. 315 pertains to the Migration Act 1958, and is concerned with the suspension of the automatic repeal provisions of certain regulations related to visa and entry permit regulations, thus extending their operational life until 31 January 1993. These regulations apply to the classes of visas and entry permits specified under sections 23 and 33 of the Migration Act 1958. The amendment is intended to provide a temporary reprieve, allowing time for a comprehensive redrafting of the existing Migration Regulations to be completed and enacted before the existing regulations would otherwise cease to operate. The regulations apply to all persons and entities involved in the granting and refusal of visas and entry permits as outlined in the Act. The geographic scope of these regulations is national, affecting all jurisdictions within Australia, given the overarching nature of the Migration Act 1958. The stated exclusions or exemptions are limited to the specific provisions of subsections 23(5) and 33(5) of the Act, which are suspended as per the regulations. The application of the Act is extended through the subordinate instruments of these regulations, which amend the existing framework temporarily until the new regulations are established.
Key Provisions
The Migration Regulations (Amendment) 1992 No. 315 primarily amends existing Migration Regulations to extend their operational period. Regulation 1 formally amends the existing regulations, while Regulations 2 and 3 suspend the automatic repeal of regulations concerning the granting and refusal of visas and entry permits respectively, until 31 January 1993. This is done under the authority granted by section 181 of the Migration Act 1958, which allows the Governor-General to make regulations for the purposes of the Act. The suspension of subsections 23(5) and 33(5) of the Act ensures that the existing regulations continue to apply until the specified date.
These regulations impose specific obligations on the parties they govern. They require the continued application of the existing Migration Regulations until 31 January 1993, despite the general requirement for such regulations to be repealed two years after they take effect. This suspension allows for a transitional period to implement a complete redraft of the regulations, which is expected to be in place by the end of the suspension period. The Act mandates that these regulations be made to facilitate the administration and enforcement of migration laws, ensuring that there is no gap in the legal framework governing visas and entry permits.
Failure to comply with the provisions of these regulations could lead to various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, breaches of the Migration Act 1958 or its associated regulations could potentially result in administrative actions, fines, or other civil or criminal penalties. The exact consequences would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any applicable laws. The overarching goal of these provisions is to maintain the integrity and effectiveness of Australia's migration laws during a period of regulatory transition.