Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security
Council Resolutions) Regulations (Repeal) 1996 No. 279
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 279
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration (Yugoslavia (Serbia and Montenegro) - 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. 266 and 1996 No. 13 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 Federal Republic of Yugoslavia (the "FRY", formerly referred to as the Federal Republic of Yugoslavia (Serbia and Montenegro)).
Statutory Rules 1994 No. 266 limited the circumstances in which the Minister could grant a visa to persons engaged in business activities, scientific and technical co-operation, cultural exchanges, visits and provisions enabling the cancellation of visas where persons were engaged in prohibited activities.
Statutory Rules 1996 No. 13 streamlined the granting of visas to persons who are involved in business activities, scientific or technical co-operation, cultural exchanges or visits or sporting events with the FRY by enabling the Minister to delegate his power to grant such visas
The Regulations commence on gazattal.
Overview
The Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 279 were enacted under the authority of the Minister for Immigration and Multicultural Affairs to align with the Migration Act 1958. This legislative instrument was introduced to repeal the earlier Statutory Rules 1994 No. 266 and 1996 No. 13 in response to United Nations Security Council Resolution 1074 of 1 October 1996, which terminated measures against the Federal Republic of Yugoslavia (formerly known as the Federal Republic of Yugoslavia (Serbia and Montenegro)). The policy objective of these regulations is to remove the specific restrictions and streamlined processes previously in place for visa applications related to business activities, scientific and technical cooperation, cultural exchanges, and sporting events with the FRY. The repeal of these regulations reflects the changed geopolitical circumstances and the decision to normalise relations with the Federal Republic of Yugoslavia.
Scope and Application
The Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 279 applies to the repeal of previously established regulations concerning the Federal Republic of Yugoslavia, now known as Serbia and Montenegro, as a result of the United Nations Security Council Resolution 1074. This repeal effectively terminates the measures previously taken against the FRY, allowing for the resumption of certain activities and interactions that were previously restricted. These Regulations are made under the authority of the Migration Act 1958 and aim to adjust the legislative framework in accordance with the new international stance. The repeal of the Regulations affects entities and individuals engaged in business activities, scientific and technical cooperation, cultural exchanges, and sporting events with the FRY, thereby removing the limitations previously imposed on visa grants and cancellations. The scope of this repeal is geographically aligned with the Commonwealth of Australia, impacting all entities and individuals within its jurisdiction who are involved with the FRY. The Regulations do not introduce new provisions but rather eliminate outdated restrictions, streamlining the process for interactions with the FRY as per the current international resolutions.
Key Provisions
The primary operative sections of the Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations (Repeal) 1996 No. 279 (the Regulations) are contained within the Migration Act 1958 (the Act) (s504). These sections are designed to repeal certain existing regulations that were previously in place to manage migration-related activities concerning the Federal Republic of Yugoslavia (Serbia and Montenegro). Specifically, the Regulations aim to repeal Statutory Rules 1994 No. 266 and 1996 No. 13. This repeal follows the decision by the United Nations Security Council in Resolution 1074 of 1 October 1996, which terminated all measures taken against the FRY. The Regulations thus reflect the updated geopolitical context and the need to adjust visa-related measures accordingly.
The Regulations impose certain obligations and requirements on the parties and entities governed by them. The primary obligation is the repeal of the previously mentioned Statutory Rules 1994 No. 266 and 1996 No. 13. This means that any provisions or restrictions that were in place under these rules for granting visas to individuals engaged in business activities, scientific and technical co-operation, cultural exchanges, visits, or sporting events with the FRY are no longer in effect. Additionally, the Regulations also address the cancellation of visas for individuals engaged in prohibited activities, effectively removing these restrictions as well. The Minister for Immigration and Multicultural Affairs, who is the authority issuing these Regulations, must ensure that these changes are implemented and communicated to relevant stakeholders to maintain compliance with current international resolutions.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences or penalties for breach. However, failing to adhere to the updated regulatory framework as outlined in the repealed rules could potentially lead to legal challenges or administrative issues regarding visa applications and immigration decisions. The repealed Statutory Rules previously contained specific provisions for penalties and consequences, which would no longer apply. Therefore, it is crucial for all parties involved to stay informed about the current legal requirements and ensure that their actions align with the updated legislative framework. The absence of specific penalties in the Regulations themselves implies that general immigration laws and administrative procedures would govern any breaches or non-compliance issues that may arise.