Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations 1994 No. 403
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 403
Migration Act 1958
Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations
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 by the Act to be prescribed, for carrying out or giving effect to the Act. In addition, subsection 31(3) of the Act enables regulations to be made to prescribe the criteria for a visa and paragraph 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.
The purpose of the Regulations is to implement the objectives of United Nations Security Council Resolution (UNSCR) No. 942 of 23 September 1994, which imposes sanctions against areas of the Republic of Bosnia and Herzegovina which are under the control of Bosnian Serb forces. The effect of the Regulations is to limit the circumstances in which the Minister may grant a visa of any class to persons connected with the Bosnian Serb forces in these areas, and to persons engaging in certain economic activities with persons and entities in the same areas. Provision is also made for the cancellation of a visa, other than a permanent visa, held by a person who is not an Australian citizen and who engages in the proscribed economic activities within Australia.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 12 December 1994.
Overview
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations 1994, made under the authority of the Migration Act 1958, were enacted to address the pressing international situation in the Republic of Bosnia and Herzegovina, particularly in areas controlled by Bosnian Serb forces. These regulations were introduced by the Australian Government in response to United Nations Security Council Resolution No. 942 of 23 September 1994, which imposed sanctions on these areas. The primary objective of these regulations was to align Australia's visa policies with the international sanctions by limiting the circumstances under which visas could be granted to individuals associated with Bosnian Serb forces or engaging in specific economic activities in the sanctioned areas. Additionally, the regulations provide a mechanism for the cancellation of non-permanent visas held by non-citizens involved in these proscribed activities within Australia. The regulations came into effect on 12 December 1994, demonstrating Australia's commitment to international peacekeeping efforts and adherence to United Nations mandates.
Scope and Application
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations 1994 No. 403 apply to persons and entities connected with the Bosnian Serb forces in areas of the Republic of Bosnia and Herzegovina under their control, as well as individuals and businesses engaging in certain economic activities with those forces or entities. The Regulations, which are an extension of the Migration Act 1958, target the implementation of United Nations Security Council Resolution No. 942, thereby restricting the Minister's ability to grant visas to these specified groups. Additionally, the Regulations allow for the cancellation of non-permanent visas held by non-citizens who are involved in proscribed economic activities within Australia. These Regulations apply nationwide in Australia, covering all persons and entities regardless of state or territory lines. However, the scope of the Regulations is specifically tailored to enforce the sanctions and objectives set out by the UNSCR, thereby limiting the application to those directly connected with the Bosnian Serb forces or engaging in the specified economic activities. The Regulations do not apply to Australian citizens or to individuals who do not engage in the activities outlined within the Act. The application of the Regulations can be further extended or modified through subordinate instruments, as permitted under the Migration Act 1958.
Key Provisions
The Migration (Republic of Bosnia and Herzegovina - United Nations Security Council Resolutions) Regulations 1994 No. 403, made under the Migration Act 1958, are designed to implement the objectives of United Nations Security Council Resolution (UNSCR) No. 942, which imposes sanctions against areas of the Republic of Bosnia and Herzegovina controlled by Bosnian Serb forces. Section 504 of the Migration Act allows the Governor-General to make regulations that are consistent with the Act and necessary to carry out or give effect to it. These regulations specifically limit the circumstances in which the Minister may grant a visa to persons connected with Bosnian Serb forces or those engaging in certain economic activities with persons and entities in areas under Bosnian Serb control. Furthermore, subsection 31(3) of the Act and paragraph 116(1)(g) of the Act enable the regulations to prescribe criteria for visa issuance and grounds for visa cancellation, respectively.
The Regulations impose several obligations on the parties or entities they govern. Primarily, they restrict the Minister's authority to grant visas to individuals associated with Bosnian Serb forces or those involved in specified economic activities within the sanctioned areas. Additionally, they mandate the cancellation of visas held by non-citizens who engage in these proscribed activities within Australia. This ensures that the spirit of the UNSCR is upheld by limiting the movement and economic activities of sanctioned individuals within Australian territory.
Offences under the Regulations can lead to various consequences, including civil and criminal penalties. For instance, knowingly making a false statement or providing false information when applying for a visa could result in civil penalties, including fines. Additionally, the Minister has the authority to cancel a visa if there are grounds to believe that the visa holder is involved in activities that contravene the Regulations. The maximum penalties for such offences are detailed within the regulations, but they can include significant fines and, in some cases, imprisonment. It is crucial for individuals and entities subject to these Regulations to comply fully to avoid facing these legal repercussions.