EXPLANATORY STATEMENT
Statutory Rules 1986 No. 384
Migration Regulations (Amendment)
Issued by the authority of the Minister for Immigration and Ethnic Affairs
Section 67 of the Migration Act 1958 (the Act), so far as is relevant, prescribes 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 regulations:
“(a) making provision for and in relation to the charging and recovery of fees in respect of -
(i) applications for entry permits, visas or return endorsements;
….”
These regulations omitted paragraph 29AB(5)(a) of the Migration Regulations, which was no longer necessary upon the introduction of the new resident return policy on 1 January 1987 and upon the insertion of regulation 29E (refund provisions) into the Migration Regulations on 1 November 1986. The new resident return policy simplifies the procedures for return of Australian residents to Australia.
These regulations also inserted a new regulation, regulation 29AC, into the Migration Regulations. This regulation provides for a fee to be payable in respect of an application for a resident return visa. Resident return visas were also introduced as part of the new resident return policy on 1 January 1987. They are issued instead of the previous return endorsements to enable an Australian resident who is overseas to travel back to Australia.
Details of the regulations are as follows:
• Regulation 1 provided that the regulations came into operation on 1 January 1987.
• Regulation 2 omitted paragraph 29AB(5)(a) of the Migration Regulations, which exempted certain persons from the charge payable upon lodging an application for a non-citizen conditional entry visa or a non-citizen entry visa (migrant entry).
• Sub-regulation 3(1) inserted regulation 29AC into the Migration Regulations. This regulation defines “resident” and “resident return visa”.
• Sub-regulation 3(2) provides for a fee of $50 to be payable in respect of an application for a resident return visa lodged in Australia and for a fee of $60 to be payable in respect of an application for a resident return visa where that application is lodged outside Australia.