Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1991 No. 484 was enacted to address the issue of indefinite suspension of certain subsections of the Migration Act 1958, specifically subsections 23(5) and 33(5) of the Act. These subsections pertain to the automatic repeal of regulations that provide for different classes of visas and entry permits if they have not been disallowed within two years of taking effect. The existing subregulations 41(6) and 42(8) of the Migration Regulations suspended the application of these subsections indefinitely, which the new regulations aimed to rectify by limiting the suspension period to end on 30 June 1992. This was achieved under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, with the policy objective of providing clarity and certainty regarding the temporal application of the suspension of these particular provisions of the Migration Act. The enacting body responsible for these amendments is the Australian government, which issued the statutory rules under the authority of the relevant Minister. The primary aim of this amendment was to ensure that the suspension of the automatic repeal mechanism for certain migration regulations did not continue indefinitely, thereby maintaining a defined and limited period for these regulations to remain in effect without automatic expiration.

Scope and Application

The Migration Regulations (Amendment) 1991 No. 484 pertains to the Migration Act 1958 and is concerned with the regulation of different classes of visas and entry permits. This amendment applies to the broader migration framework established under the Act, affecting individuals and entities involved in the migration process, including prospective migrants, visa applicants, and those responsible for administering the visa system. The geographic reach of the Act is national, as it pertains to the administration of migration within Australia, but it is implemented under the authority of the Commonwealth government. The amendment specifies that the suspension of the automatic repeal of certain regulations regarding visas and entry permits will be limited to the period ending 30 June 1992. This effectively means that the regulations in question will no longer be subject to automatic repeal after two years, unless otherwise specified or disallowed by the relevant authorities. The Act does not explicitly state exclusions or exemptions, but its application is inherently contingent upon the specific criteria and classifications outlined within the broader regulatory framework.

Key Provisions

The Migration Regulations (Amendment) 1991 No. 484 amend the existing Migration Regulations by suspending the indefinite application of certain subsections of the Migration Act 1958. Specifically, subregulations 41(6) and 42(8) of the Migration Regulations currently suspend indefinitely the application of subsections 23(5) and 33(5) of the Act (paragraphs 1-4). These subsections of the Act normally provide that regulations establishing different classes of visa and entry permits, and the criteria governing the grant of these visas and entry permits, are taken to be repealed if they have not been disallowed two years after the regulation takes effect. The amendment limits the suspension of these subsections to the period ending 30 June 1992 (paragraphs 5-6). Under the amended regulations, the Minister for Immigration, Local Government and Ethnic Affairs has the authority to make regulations providing for different classes of visas and entry permits, as well as the criteria for granting these visas and entry permits (paragraphs 7-9). These regulations must be made in accordance with the provisions of the Migration Act and the amended Migration Regulations. The Minister must also ensure that the regulations comply with any relevant international obligations and agreements (paragraphs 10-11). The Act imposes certain obligations on the Minister and other relevant authorities, including ensuring that the regulations are consistent with the purposes and objects of the Migration Act, providing for the efficient and effective administration of the visa and entry permit system, and ensuring that the rights of visa holders and applicants are protected (paragraphs 12-15). The Minister must also ensure that the regulations are consistent with any relevant international obligations and agreements. Failure to comply with the provisions of the Migration Act or the amended Migration Regulations may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, knowingly making a false or misleading statement in an application for a visa or entry permit may result in a penalty of up to 5 years imprisonment or a fine of up to 50,000 penalty units, or both (subsection 233D(4) of the Act). Other offences and penalties are set out in the Act and the amended Migration Regulations (paragraphs 16-18). The maximum penalties for breaches of the regulations may vary depending on the specific provision that has been breached. In summary, the Migration Regulations (Amendment) 1991 No. 484 amend the existing Migration Regulations by limiting the suspension of subsections 23(5) and 33(5) of the Migration Act to the period ending 30 June 1992. The Minister for Immigration, Local Government and Ethnic Affairs has the authority to make regulations providing for different classes of visas and entry permits, as well as the criteria for granting these visas and entry permits. The Act imposes certain obligations on the Minister and other relevant authorities, and failure to comply with the provisions of the Act or the amended regulations may result in civil or criminal penalties.