Migration Regulations (Amendment) 1991 No. 243
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 243
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 him to make regulations providing for different classes of visas and entry permits.
Statutory Rules No 229 of 25 July 1991 amended the Migration Regulations so that no new application for the grant of a visa overseas or a permanent entry permit in Australia on the grounds of being a business migrant would be accepted after 1 August 1991. The policy intention was, however, that no new applications should be accepted after 2 August 1991, and the Minister has made an announcement on this basis.
The purpose of these Regulations is to amend the Migration Regulations so that applications can be accepted on 2 August 1991.
Overview
The Migration Regulations (Amendment) 1991 No. 243 were enacted to address a specific issue regarding the acceptance of new visa applications under the Migration Act 1958. The initial Statutory Rules No 229 of 25 July 1991 established that no new applications for visas or permanent entry permits on the grounds of being a business migrant would be accepted after 1 August 1991. However, there was an intention to shift the cut-off date to 2 August 1991, a change that was communicated by the Minister. These amendments were issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs and serve to adjust the regulations to align with the policy intention, ensuring that no new applications are accepted after the specified date. The objective of these regulations is to clarify and implement the policy change effectively within the framework of the Migration Act 1958.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 243 pertains to the Migration Act 1958 and provides clarification and amendments to the existing regulations concerning the acceptance of new applications for visas overseas or permanent entry permits in Australia on the grounds of being a business migrant. This amendment is specifically targeted at ensuring the effective implementation of the policy decision made under Section 181 of the Migration Act, which empowers the Governor-General to make regulations for the purposes of the Act. The regulations were originally set out in Statutory Rules No 229 of 25 July 1991, which established a cutoff date of 1 August 1991 for new applications, but the explanatory statement clarifies that the intended date was 2 August 1991, aligning the regulations with the Minister's public announcement. This regulatory amendment applies to all individuals and entities seeking to enter Australia under the business migrant category, ensuring that the application process is accurately reflective of the policy intent.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 243 amends the Migration Regulations under the Migration Act 1958 (section 181) to adjust the date by which new applications for business migrant visas and permanent entry permits can be made. Previously, under Statutory Rules No 229 of 25 July 1991, no new applications for such visas or permits were to be accepted after 1 August 1991. However, the explanatory statement clarifies that the policy intention was to halt new applications after 2 August 1991. These amendments ensure that the regulations reflect the Minister's announcement and policy intention.
Under the amended regulations, any new applications for business migrant visas or permanent entry permits made after 2 August 1991 will not be accepted. This aligns the regulatory framework with the policy objective of ceasing new applications for business migrant visas and permanent entry permits on 2 August 1991, as announced by the Minister for Immigration, Local Government and Ethnic Affairs. The obligation on applicants is to ensure that any applications for these types of visas or permits are lodged before the cut-off date of 2 August 1991.
The Migration Regulations (Amendment) 1991 No. 243 does not introduce new offences or penalties but clarifies the cessation date for new applications for business migrant visas and permanent entry permits. Any applications submitted after 2 August 1991 will not be processed under these regulations. The consequences for non-compliance are that the application will not be accepted, and the applicant will not be granted a visa or entry permit under the amended regulations. It is important for applicants to adhere to the specified dates to avoid their applications being disregarded.