Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002 2002 No. 11
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 11
Issued by the Authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Migration Act 1958
Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002
Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 31(1) of the Act provides that the regulations are to prescribe classes of visas. Subsection 31(3) of the Act provides that the regulations may prescribe criteria for a visa or visas of a specified class.
On 28 September 2001, the United Nations Security Council adopted a resolution in which the UN sanctions against Sudan were lifted. Australia is obliged under the Charter of the United Nations to comply with decisions of the Security Council.
The purpose of the Regulations is to give effect to the above resolution of the United Nations Security Council by repealing the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996, as amended by the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999. The repeal provisions apply particularly to the granting of visas.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 1 March 2002.
ATTACHMENT
Regulation 1 - Name of Regulations
Regulation 1 provides that these Regulations are the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002.
Regulation 2 - Commencement
Regulation 2 provides that these Regulations commence on 1 March 2002.
Regulation 3 -Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996 - repeal
On 28 September 2001, the United Nations Security Council adopted a resolution in which the UN sanctions against Sudan were lifted. Australia is obliged under the Charter of the United Nations to comply with decisions of the Security Council.
Regulation 3 therefore provides for the repeal of the following Statutory Rules:
(a) 1996 No. 153 (Migration (Republic of Sudan United Nations Security Council Resolution No. 1054) Regulations 1996); and
(b) 1999 No. 226 (Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999).
Regulation 4 - Transitional
Regulation 4 provides that the Statutory Rules mentioned in regulation 3 do not apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5(9) of the Act), before 1 March 2002; or
(b) made on or after 1 March 2002.
The transitional provision will ensure that applications that have been made but not finally determined as at 1 March 2002 will not have to satisfy the criteria for grant of a visa set out in the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996.
Overview
The Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002 were enacted to repeal previous regulations concerning Sudanese nationals applying for Australian visas, following the lifting of UN sanctions against Sudan by the United Nations Security Council on 28 September 2001. The repealing Regulations were made under subsection 504(1) of the Migration Act 1958, which allows the Governor-General to make regulations necessary or convenient to carry out the Act. This repeal was necessary for Australia to comply with its obligations under the Charter of the United Nations to adhere to Security Council resolutions. The Regulations are intended to cease the application of the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996 and the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999, effective from 1 March 2002. However, a transitional provision ensures that visa applications made before 1 March 2002 but not finally determined by that date remain unaffected by the repeal.
Scope and Application
The Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002 applies to repealing the previous regulations that were in place under the Migration Act 1958, specifically the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996, as amended by the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999. These regulations were put in place in response to United Nations sanctions on Sudan and are now repealed following the lifting of those sanctions by the United Nations Security Council. The repeal regulations apply to the granting of visas, with transitional provisions ensuring that applications made but not finally determined before 1 March 2002 are not subject to the repealed criteria. The Regulations are made under the authority of the Minister for Immigration and Multicultural and Indigenous Affairs and are consistent with the Migration Act 1958. There are no stated exclusions or exemptions within the Regulations, and the repeal applies to the entire Commonwealth of Australia.
Key Provisions
The primary operative sections of these Regulations (sections 1-4) provide for the repeal of two sets of Statutory Rules, namely the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996 and the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999, and establish a transitional provision to manage the application of these repeals to visa applications already in process or those made after the commencement date of 1 March 2002. These Regulations are made under the authority of the Migration Act 1958 and aim to align Australian migration law with the United Nations Security Council's resolution lifting sanctions against Sudan, which was adopted on 28 September 2001. This repeal is necessary to ensure that Australian legislation remains consistent with international obligations under the Charter of the United Nations.
The Regulations impose obligations on the parties involved, including the Minister for Immigration and Multicultural and Indigenous Affairs, by requiring the repeal of the specified Statutory Rules and the establishment of a transitional arrangement. This transitional provision ensures that visa applications made before the repeal but not finally determined by 1 March 2002, as well as those made on or after this date, are not subject to the criteria previously set out in the repealed Regulations. This means that applicants whose cases were pending or newly submitted after the repeal will not need to meet the specific visa criteria that were applicable under the repealed Regulations.
There are no direct offences, penalties, or consequences outlined within these Regulations for non-compliance with the repeal or the transitional provisions. However, non-compliance with the requirements of the Migration Act 1958, which these Regulations are intended to support, could lead to various administrative and legal consequences, such as the refusal of a visa application, cancellation of a visa, or other enforcement actions. The specific penalties for breaches of the Migration Act would be determined by the relevant sections of that Act and could include fines or imprisonment, depending on the nature and severity of the breach.