EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration Regulations (Amendment)
1990 No. 261
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition section 59 requires the Minister to follow prescribed procedures before ordering the mandatory deportation of a person.
The purpose of the Regulations is to amend the Migration Regulations to remedy an error which resulted in the omission of a procedure designed to protect the rights of individuals subject to mandatory deportation.
Details of the Regulations are as follows:
Regulation 1 provides that the regulations commence on 12 July 1990 to preserve the continuity of procedural protection afforded by new regulation 178(b) (inserted by Statutory Rules No 251 of 9 August 1990) which replaced the previous regulation 178(b) repealed on 12 July 1990. Retrospectivity of the Regulations will not disadvantage a person and will therefore satisfy subsection 48(2) of the Acts Interpretation Act 1901.
Regulation 2 provides for the Migration Regulations to be amended.
Regulation 3 amends regulation 178 of the Migration Regulations to require that the Minister find out from a person subject to possible mandatory deportation whether that person has applied for refugee status or territorial asylum. The introduction of this step provides additional procedural protection for the person concerned in that a finding on whether or not an application has been lodged must be checked with the person, rather than the decision-maker relying simply on Departmental records.
Authority: Section 181 of the
Migration Act 1958
Issued by the Minister for
Immigration, Local Government
& Ethnic Affairs