Migration Regulations (Amendment)

Overview

The Statutory Rules 1970 No. 0041, under the Migration Act 1958-1966, were enacted to amend the Migration Regulations, specifically concerning the fees and expenses payable to witnesses who give evidence before a Commissioner. The problem or gap addressed by this legislation was the need to update and clarify the payment structure for witnesses' fees in line with the evolving administrative framework. This regulation was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective, as inferred from the amendments, is to ensure that the fees and travelling expenses for witnesses are fairly and consistently determined, aligning them with the existing scales under the Public Works Committee Regulations as stipulated in the Public Works Committee Act 1969.

Scope and Application

The Migration Regulations, made under the Migration Act 1958-1966, apply to individuals and entities involved in immigration matters within the Commonwealth of Australia. These regulations govern a broad scope of activities and transactions related to migration, including the payment of witnesses' fees in proceedings conducted by a Commissioner. The application of these regulations is national in scope, covering all states and territories within Australia. The amendments to Regulation 12 specifically address the payment of fees and expenses to individuals who attend to give evidence before a Commissioner, aligning with the scale provided in the Second Schedule to the Public Works Committee Regulations under the Public Works Committee Act 1969. The regulations do not explicitly state exclusions or thresholds, but their application may be extended or restricted through subordinate instruments that further define specific conditions or exceptions within the legislative framework.

Key Provisions

The primary operative section of these regulations, Regulation 12, pertains to the fees and travelling expenses for witnesses attending to give evidence before a Commissioner under the Migration Act 1958-1966. Specifically, sub-regulation (1.) has been amended to state that witnesses shall be paid fees and reimbursed for travelling expenses as deemed appropriate by the Commissioner, based on the scale provided in the Second Schedule to the Public Works Committee Regulations, which is in force under the Public Works Committee Act 1969 (Regulation 12(1.)). Under these regulations, the obligations imposed on parties involve ensuring that witnesses who provide evidence before a Commissioner are compensated fairly. This is achieved by adhering to the fees and expense reimbursement guidelines outlined in the Second Schedule to the Public Works Committee Regulations, ensuring that the compensation aligns with the prevailing standards and practices as set by the Public Works Committee Act 1969 (Regulation 12(1.)). The regulations do not explicitly outline offences, penalties, or civil or criminal consequences for breaches. However, it can be inferred that any failure to comply with the prescribed compensation standards may result in legal challenges or disputes regarding the fairness and legality of the fees and expenses awarded. Given the nature of the regulations, any discrepancies or non-compliance could potentially lead to judicial review or administrative action to rectify the situation and ensure adherence to the established guidelines. The maximum penalties, if applicable, are not specified within these regulations. However, any breaches in the administration of witness fees and expenses could potentially be subject to penalties under the broader Migration Act 1958-1966 or other related legislation, which may include fines or other sanctions as deemed appropriate by the relevant authorities. It is important for all parties involved to ensure strict compliance with the outlined regulations to avoid any legal repercussions.