EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides the power in so far as is relevant to prescribe matters which are required by the Act and which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act and in particular making provision for and in relation to the charging and recovery of fees.
In addition, regulations are prescribed under the following powers:
sections 23 and 33 of the Act provide that without limiting the generality of section 181, the regulations may, inter alia, provide for different classes of visa and entry permits respectively.
The purpose of the regulations is to amend the Migration Regulations to make a number of technical amendments to correct inaccuracies in the regulations and make a number of technical amendments consequential upon the amendments made by Statutory Rule No. 237 of 1990.
Details of the regulations are set out in the Attachment.
Authority: Sections 23, 33, 181
Migration Act 1958
Issued by the Minister of State for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
REGULATIONS (AMENDMENT)
Regulation 1 - Commencement
This regulation provides that regulation 6 is retrospective to 19 December 1989, the date when the error which regulation 6 is correcting was made.
This regulation also provides that regulations 2, 3, 4, 5.1, 6, 7, 8, 9 and 10 which are technical amendments correcting omissions and inaccuracies made by Statutory Rules No. 237 of 1990, are retrospective to 12 July 1990, the date these Statutory Rules were gazetted.
Regulation 2 - Amendments
This regulation provides for the Migration Regulations to be amended.
Regulation 3 - Regulation 2 (Interpretation)
This regulation makes an amendment to regulation 2(2) consequent upon changes to Schedule 3 of the Migration Regulations made in Statutory Rules No. 237 of 1990.
Regulation 4 - Regulation 18 (Mandatory conditions for grant of visas
This regulation corrects an error made in Statutory Rules No. 237 of 1990 in which reference was made to “Schedule 3” instead of “Schedule 2” of the Migration Regulations.
Regulation 5 - Grant of entry permit
Subparagraph 5.1 corrects an error made in Statutory Rules No. 237 of 1990 in which the subparagraph number (vi) was used instead of (vii).
Subparagraph 5.2 corrects an error made in Statutory Rules No. 237 of 1990 in which a reference to item 12 in Schedule 3, Part 2 of the Migration Regulations was omitted.
Regulation 6 - Regulation 125 (Prescribed criteria for grant of temporary entry permit to lawful temporary resident)
This regulation corrects an error made when the Migration Regulations were made on 19 December 1989 in which certain temporary residents were required to satisfy the prescribed health criteria specified in item 10 of Schedule 1 instead of those specified in item 9 of Schedule 1. The criteria in item 10 are more rigorous than those in item 9 and intended for permanent residents rather than temporary residents.
Regulation 7 - Regulation 185 (Fee on application for temporary entry permit granted only in Australia)
This regulation corrects an error made in Statutory Rules No. 237 of 1990 in which a reference to regulation 125A was omitted from sub-regulation 185(7) of the Migration Regulations.
Regulation 8 - Schedule 2 (Classes of visas, prescribed criteria and code numbers)
This regulation makes a minor technical amendment to item 12 of Part 3 of Schedule 2 of the Migration Regulations consequential upon an amendment made by Statutory Rules No. 237 of 1990.
Regulation 9 - schedule, /?/(pres<?rifr3<3 maafmretipn and mrofrsr <?t pointg)
This regulation corrects a minor error made to item 5 of Part 1 of Schedule 4 of the Migration Regulations in Statutory Rules No. 237 of 1990 in which reference was made to paragraph 146(d) instead of 146 (e).
Regulation 10 - Schedule 8 (Fees)
This regulation makes minor technical amendments to Parts 1 and 2 of Schedule 8 of the Migration Regulations consequential upon an amendment made by Statutory Rules No. 237 of 1990.