EXPLANATORY STATEMENT
STATUTORY RULES NO 233 OF 1989
Migration Regulations (Amendment)
Issued by the authority of the
Minister for Immigration,
Local Government and Ethnic Affairs
Subject- Migration Act 1958
Migration Regulations (Amendment)
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 including the charging and recovery of fees in respect of applications for entry permits and visas.
The proposed regulations amend the Migration Regulations (the Principal Regulations) to increase the fees prescribed in subregulation 29AB(2) and paragraphs 29A(1)(b) and 29A(1AA)(d).
The fees provided in subregulation 29AB(2) (upon lodgment of an application for a non-citizen conditional entry visa or a non-citizen entry visa) and paragraph 29A(l)(b) (upon lodgment of an application for a permanent entry permit where the person is in Australia and is the holder of, or who has previously, held an entry permit) are increased to approximate the projected movement in the Consumer Price Index for 1989/90.
The fee provided in paragraph 29A(1AA)(d) (upon lodgment of an application for a permanent entry permit where the person is present in Australia and has never held an entry permit) is increased to be equivalent to the fee provided in paragraph 29A(1)(b). This is to remove an existing anomaly in that a person who currently applies for a permanent entry permit after entry and who has never held an entry permit is subject to a smaller fee than a person making the same application who currently holds (or has at some time held) an entry permit. In addition minor technical amendments are made to paragraphs 29B(1), 2(a) and 2(b) and subregulation 30(5) of the Principal Regulations.
The details of the proposed regulations are as follows:
Regulation 1 provides that the regulations shall commence on 1 September 1989.
Regulation 2 provides that in the Regulations ‘Principal Regulations’ means the Migration Regulations.
Regulation 3 amends regulation 29A of the Principal Regulations by increasing the $315 fee provided in paragraph (1)(b) to $340 and increasing the $300 fee provided in paragraph (1AA) (d) to $340.
Regulation 4 amends regulation 29AB of the Principal Regulations by increasing the fee in subregulation (2) from $200 to $215.
Regulation 5 amends regulation 29B of the Principal Regulations by replacing the reference to paragraph “6(4)(c)” in subregulation (1) with the reference “6A(4)(c)”. The regulation also inserts the word “and” after both paragraphs 2(a) and 2(b) of regulation 29B.
Regulation 6 amends regulation 30 of the Principal Regulations to delete the reference, in subregulation (5), to subsection 52(1) and replace it with “section 52”.