Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 230

STATUTORY RULES 1991 No. 230

Subject: Migration Act 1958

Migration Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations providing for different classes of visas and entry permits.

Details of the Regulations are:

Regulation 1 - Commencement

Regulation 1.1 provides for regulations 3 and 4 to have commenced on 1 July 1991 to regularise any entry permits which may have been wrongly issued since 30 June 1991 (under regulations 119E and 119G) before they have been amended by regulations 3 and 4. No individual is disadvantaged by this retrospectivity but certain persons could be disadvantaged if the amendments are not made retrospective.

Regulation 1.2 provides for regulation 7 to commence on 15 April 1991. As this provides for the waiver of a fee no individuals are disadvantaged by this retrospectivity.

Regulation 2 - Amendment

Regulation 2 provides for the Migration Regulations to be amended.

Regulation 3 - Regulation 119F (Lebanese (temporary) entry permit)

This regulation provides for Lebanese nationals who were in Australia on 30 June 1991 and who held a Lebanese (temporary) entry permit on that date to extend their stay in Australia until 30 November 1991.

Regulation 4 - Regulation 119G (Sri Lankan (temporary) entry permit)

This regulation provides for Sri Lankan nationals who were in Australia on 30 June 1991 to extend their stay in Australia until 31 December 1991.

Regulation 5 - Regulation 187 (Fee on application for skilled occupation entry permit)

This regulation provides for the application fee for a skilled occupation entry permit to be raised from $360 to $750, other than when it is applied for by a person who is an applicant on business migration grounds (where the fee remains at $1000), or where the person already holds an extended eligibility entry permit (where the fee remains $150), or where the application was lodged at the same time as an application for an extended eligibility entry permit (no fee).

Regulation 6 - Regulation 189 (Fee on application for extended eligibility (economic) entry permit)

This regulation provides for the application fee for an extended eligibility (economic) entry permit to be raised from $360 to $750, other than when it is applied for by a person who is an applicant on business migration grounds (where the fee remains at $1000).

Regulation 7 - Regulation 202 (Fee on application under paragraph 40(1)(p))

Regulation 7.1 provides for this regulation to be renumbered as 201A and re-named.

Regulation 7.2 amends existing regulation 202 so that the fee is waived where a person who is an illegal entrant by virtue of section 14(2) of the Act applies without being given notice by the Minister.

Authority:       Sections 23, 33 and 181 of the Migration Act 1958

Issued by the Minister for Immigration, Local Government and Ethnic Affairs