Migration (Review) (1993) Regulations (Amendment) 1993 No. 232
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 232
Issued by the Authority of the Minister for Immigration and Ethnic Affairs Migration Act 1958
Migration (Review) (1993) Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed. Section 166JA of the Act provides that the Refugee Review Tribunal consists of a Principal Member and such other members (not exceeding the prescribed number) as are appointed in accordance with the Act.
The purpose of the Regulations is to amend regulation 43C of the Migration (Review) (1993) Regulations to prescribe the number of members of the Refugee Review Tribunal (other than the Principal Member) as 100. The effect of this amendment is to raise the prescribed number of members of the Refugee Review Tribunal from 30 to
100. The Refugee Review Tribunal was established on 1 July 1993, and the increase in the prescribed number of its members is necessary to raise it to a fully operational level.
The Regulations commence on gazettal.
Overview
The Migration (Review) (1993) Regulations (Amendment) 1993 No. 232, issued by the authority of the Minister for Immigration and Ethnic Affairs, are amendments to the existing Migration (Review) (1993) Regulations under the Migration Act 1958. The primary purpose of these amendments is to adjust the number of members of the Refugee Review Tribunal (other than the Principal Member) to meet operational needs. The Act originally established the Tribunal with a limited number of members, but as the Tribunal began operations, it became apparent that a larger number of members would be necessary to ensure the efficient and effective review of refugee-related cases. By increasing the prescribed number of members from 30 to 100, the amendments aim to address this operational gap, ensuring that the Tribunal can handle the caseload and provide timely reviews.
The explanatory statement clarifies that these amendments were made to comply with the statutory authority granted under Section 181 of the Migration Act 1958, which allows for the creation of regulations that are not inconsistent with the Act. The policy objective behind these amendments is to enhance the capacity and functionality of the Refugee Review Tribunal, thereby improving the overall administration of migration-related reviews and decisions. These amendments reflect a legislative response to the practical challenges faced by the Tribunal in its initial stages of operation, ensuring it can fully achieve its intended role in the migration review process.
Scope and Application
The Migration (Review) (1993) Regulations (Amendment) 1993 No. 232, issued under the authority of the Minister for Immigration and Ethnic Affairs, applies to the Refugee Review Tribunal as established under Section 166JA of the Migration Act 1958. This piece of legislation specifically amends regulation 43C to increase the prescribed number of members of the Refugee Review Tribunal, excluding the Principal Member, from 30 to 100. This amendment aims to ensure the Tribunal operates at full capacity, thereby addressing any backlogs and improving the efficiency of its reviews. The application of these regulations is confined to the Commonwealth of Australia and applies to any persons appointed as members of the Refugee Review Tribunal. The changes effected by these Regulations are in accordance with Section 181 of the Act, which allows for regulations not inconsistent with the Act to be prescribed. The Regulations commence upon their gazettal, and there are no stated exclusions or exemptions within the scope of this particular amendment.
Key Provisions
The primary provision of the Migration (Review) (1993) Regulations (Amendment) 1993 No. 232 pertains to the amendment of regulation 43C, which sets the prescribed number of members of the Refugee Review Tribunal (RRT). Specifically, section 2 of the Amendment Regulation alters the prescribed number of members, other than the Principal Member, from 30 to 100 (section 2). This increase is aimed at ensuring that the RRT reaches full operational capacity since its establishment on 1 July 1993. This change reflects the legislative intent to enhance the efficiency and effectiveness of the RRT in reviewing migration-related decisions, thereby ensuring that it can adequately manage its caseload and provide timely reviews.
The Amendment Regulation imposes obligations on the entities and individuals involved with the operation of the RRT. For instance, it mandates that the number of members, other than the Principal Member, must be set at 100, as prescribed by regulation 43C (section 2). This requirement is pivotal for the proper functioning of the RRT, ensuring that there are sufficient members to handle the volume of cases and reviews that come before the Tribunal. Additionally, the regulation necessitates adherence to the terms and conditions of appointment and service as outlined in the Act and any other relevant provisions governing the RRT.
Failure to comply with the requirements set out in the Amendment Regulation could potentially lead to legal consequences. Although specific penalties for non-compliance are not explicitly stated in the Amendment Regulation, breaches of the Migration Act 1958 or associated regulations can result in both civil and criminal penalties. Under the Migration Act, civil penalties can include fines up to a specified amount, while criminal offences may lead to imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. It is essential for the entities and individuals governed by these regulations to ensure strict adherence to the prescribed requirements to avoid any legal ramifications.