Commonwealth Numbered Regulations

1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 9

9. Regulations 178, 179 and 180 of the Principal Regulations are repealed and
the following regulations substituted: Prescribed procedures-subsection 17A(2)
of the Act

"178. For the purposes of subsection 17A(2) of the Act, the following
procedures are prescribed to be followed by the Minister in relation to a
person referred to in that subsection:

   (a)  to ascertain whether the person has been granted, or is an applicant
        to be granted, refugee status or territorial asylum;

   (b)  to verify with the person personally whether he or she has applied to
        be granted refugee status or territorial asylum;

   (c)  to ascertain whether the person:

        (i)    is an applicant for an entry permit; or

        (ii)   has applied to a review authority following a decision by the
               Minister refusing to grant an entry permit;

   (d)  to verify that the person has not notified the Minister that the
        person is subject to a court order that is in force affecting the
        Minister's exercise of the power to order the deportation of the
        person;

   (c)  to verify that 2 working days have elapsed after the day on which the
        person was arrested under section 38 or 39 of the Act, as the case
        requires. Prescribed matters-subsections 18(1) and 31A(1) of the Act

"179. For the purposes of subsections 18(1) and 31A(1) of the Act
respectively, the following matters are prescribed to be considered by the
Minister in relation to a person referred to in whichever of those subsections
is applicable:

   (a)  whether the person is an illegal entrant;

   (b)  whether the person has been notified in accordance with these
        Regulations of the Minister's intention to exercise the power:

        (i)    to order the deportation of the person; or

        (ii)   to require the person to leave Australia; as the case requires;

   (c)  whether the person has been granted, or is an applicant to be granted,
        refugee status or territorial asylum;

   (d)  whether the person:

        (i)    is an applicant for an entry permit; or

        (ii)   has applied to a review authority following a decision by
               the Minister refusing to grant an entry permit;

   (e)  whether the person is subject to a court order that is in force
        affecting the Minister's exercise of the relevant power referred to in
        paragraph (b);

   (f)  whether 2 working days have elapsed after the day on which the person
        was arrested under section 38 or 39 of the Act, as the case requires.
        Prescribed matters-subsection 20(1) of the Act

"180. For the purposes of subsection 20(1) of the Act, the following matters
are prescribed to be considered by the Minister in relation to a person
referred to in that subsection:

   (a)  whether there has been a prescribed change in the person's
        circumstances referred to in paragraph 11S(1)(a) or 11T(2)(a) of the
        Act;

   (b)  whether the person has been granted refugee status or territorial
        asylum;

   (c)  whether:

        (i)    the person has proposed to the Minister in writing to be
               permitted to leave Australia under supervision and that
               proposal has been accepted by the Minister; or

        (ii)   revocation of the order for the deportation of the person has
               been recommended by the Administrative Appeals Tribunal and
               that recommendation has been accepted by the Minister.".