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MIGRATION AMENDMENT REGULATIONS 2005 (NO. 6) (SLI NO 171 OF 2005)
EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 171
Issued by the Authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Migration Amendment Regulations 2005 (No. 6)
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 by which 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.
In addition, paragraphs (d) and (e) of the definition of “excised offshore place” in subsection 5(1) of the Act provide that the regulations may prescribe an external Territory and any island that forms part of a State or Territory as an “excised offshore place” (other than the external Territories of Christmas Island, Ashmore and Cartier Islands, and Cocos (Keeling) Islands, which are already defined as excised offshore places).
The purpose of the Regulations is to amend the Migration Regulations 1994 to prescribe:
· certain islands that form part of Queensland, Western Australia and the Northern Territory; and
· the Coral Sea Islands Territory;
as excised offshore places, pursuant to paragraphs (d) and (e) of the definition of “excised offshore place” in subsection 5(1) of the Act.
The effect of being an “excised offshore place” is that persons who are not citizens of Australia who arrive in such place without authority – usually in the form of a visa – cannot make a valid application for a visa.
The Regulations address indications that people smugglers are likely to change the focus of their operations to target landing on islands closer to the Australian mainland. In combating these new threats it is necessary to extend the bar on visa applications by persons who arrive without lawful authority at these offshore places.
Australian citizens and other persons with lawful authority under the Act to be in Australia will continue to be able to move about freely in these areas and make any applications permitted by the Act.
In particular, in respect of the Torres Strait Islands, the Act allows inhabitants of the Protected Zone (as established by the Torres Strait Treaty) to move freely in connection with the performance of their traditional activities. These provisions will continue to apply and traditional inhabitants of the Torres Strait will not be affected by the inclusion of the Torres Strait Islands in the definition of “excised offshore place”.
The Commonwealth will continue to ensure that, while unauthorised arrivals at excised offshore places cannot apply for visas, appropriate arrangements will ensure that Australia continues to fulfil its obligations under the United Nations Convention relating to the Status of Refugees and under other relevant international instruments.
Details of the Regulations are set out in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Office of Regulatory Review in the Productivity Commission has been consulted and the Regulations were assessed as being not likely to have a direct, or a substantial indirect, effect on business, or restrict competition.
Consultation regarding the regulations occurred with the People Smuggling Taskforce. The agencies represented at these meetings included the Attorney Generals Department, Department of Foreign Affairs and Trade, Department of Defence, Prime Minister and Cabinet, Australian Federal Police, and the Australian Customs Service.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The regulations commence on the day they are registered on the Federal Register of Legislative Instruments.
0405105ZA-041222Z
This regulation provides that these Regulations are the Migration Amendment Regulations 2005 (No. 6).
This regulation provides that these Regulations commence on the day they are registered on the Federal Register of Legislative Instruments.
Regulation 3 provides that Schedule 1 to these Regulations amends the Migration Regulations 1994 (the Principal Regulations).
This item inserts new regulation 5.15C into Part 5 of the Principal Regulations.
New subregulation 5.15C(1) provides that the Coral Sea Islands Territory is prescribed as an excised offshore place for the purposes of paragraph (d) of the definition of “excised offshore place” in subsection 5(1) of the Act.
New subregulation 5.15C(2) provides that the following islands are prescribed as excised offshore places for the purposes of paragraph (e) of the definition of “excised offshore place” in subsection 5(1) of the Act:
· all islands that form part of Queensland and are north of latitude 21 degrees south; and
· all islands that form part of Western Australia and are north of latitude 23 degrees south; and
· all islands that form part of the Northern Territory and are north of latitude 16 degrees south.