Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 280
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 280
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations (Repeal)
Section 504 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to repeal Statutory Rules 1994 No. 403 as a consequence of United Nations Security Council Resolution 1074 of 1 October 1996, in which it was decided to terminate all measures taken against the areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces.
United Nations Security Council Resolution No. 942 of 23 September 1994 imposed sanctions affecting the areas under the control of Bosnian Serb forces in the Republic of Bosnia and Herzegovina. Statutory Rules 1994 No. 403 limited the circumstances in which the Minister could grant a visa to persons connected with the Bosnian Serb forces in those areas, and to persons engaging in certain economic activities with persons and entities in the same areas. Provision was also made for the cancellation of certain temporary visas, where the holder engaged in proscribed economic activities in Australia.
The Regulations commence on gazettal.
Overview
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 280 was enacted by the Australian government to repeal Statutory Rules 1994 No. 403. This repeal followed the United Nations Security Council Resolution 1074 of 1 October 1996, which terminated measures against the areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces. This legislative action was a response to the changing political situation in the region and was authorised under Section 504 of the Migration Act 1958, which allows for regulations to be made to carry out or give effect to the Act. The repeal of these regulations reflects the government's policy to adapt to international resolutions and their implications on domestic migration policies. The Regulations came into effect upon their gazettal, signifying the immediate implementation of the repeal.
Scope and Application
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 280, made under the authority of the Migration Act 1958, are designed to repeal Statutory Rules 1994 No. 403 in response to the termination of measures against areas of the Republic of Bosnia and Herzegovina under Bosnian Serb forces' control, as per United Nations Security Council Resolution 1074 of 1 October 1996. This repeal is necessary because Resolution 1074 ended the sanctions that had been imposed on the Bosnian Serb forces by Resolution 942 of 23 September 1994. The Regulations apply to the Minister for Immigration and Multicultural Affairs, who is responsible for implementing the repealed provisions and ensuring that the changes are effectively carried out. Geographically, the Regulations have a national reach within Australia, impacting the visa applications and conditions of individuals associated with Bosnian Serb forces and those engaged in specified economic activities within the areas previously sanctioned. These Regulations are effective upon their gazette and do not require further legislative extensions or restrictions through subordinate instruments.
Key Provisions
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 280 operates primarily under Section 504 of the Migration Act 1958 (section 504). This section grants the Governor-General the authority to create regulations that are not inconsistent with the Act, and which are required or permitted by the Act or necessary or convenient for its execution. In this case, the Regulations seek to repeal Statutory Rules 1994 No. 403, as a direct result of the United Nations Security Council Resolution 1074 of 1 October 1996, which decided to terminate all measures against the areas of the Republic of Bosnia and Herzegovina controlled by Bosnian Serb forces. This repeal follows the cessation of sanctions imposed by United Nations Security Council Resolution No. 942 of 23 September 1994, which affected the areas under the control of Bosnian Serb forces in the Republic of Bosnia and Herzegovina.
The Regulations impose certain obligations on the Minister for Immigration and Multicultural Affairs, who must now adjust the criteria for granting visas to individuals connected with Bosnian Serb forces or those engaging in specific economic activities within the affected areas. Additionally, the Regulations mandate the cancellation of temporary visas for those who engage in proscribed economic activities in Australia. This change reflects the altered international context and the lifting of sanctions by the United Nations Security Council.
The consequences of failing to comply with these Regulations can be significant. While the explanatory statement does not explicitly outline specific penalties for breach, under the Migration Act 1958, breaches can result in civil or criminal penalties. For civil penalties, the maximum fine can be substantial, as stipulated by the Act, and may include pecuniary penalties for non-compliance. For criminal penalties, the Act may impose fines or imprisonment, depending on the severity of the breach and the discretion of the court. These penalties serve to ensure adherence to the Regulations and the broader objectives of the Migration Act.