Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 481

STATUTORY RULES 1991 No. 481

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

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 regulations to be made providing for different classes of visas and entry permits.

The purpose of the Regulations is to amend the criteria for the executive (overseas) visa and the independent executive visa as a result of discussions between the United States Government and the Australian Government to facilitate temporary residence visa reciprocity for business people.

The regulations:

•       amend regulation 65 (which provides for the grant of a temporary visa to the executive of a company which proposes to establish a branch in Australia) by deleting the requirement in sub-regulation (a) that the establishment of the branch be given specific approval by the Foreign Investment Review Board, and substituting a more general criterion that the establishment will provide Australia with substantial international trade or other economic benefits;

•       amend regulation 69 (which provides for the grant of a temporary visa to a person who wishes to establish a new business in Australia) by:

(a)       deleting subregulations (b) and (c) which require, respectively, that the business would create employment, introduce new or improved technology, stimulate exports or replace imports, and that the establishment of the branch be given specific approval by the Foreign Investment Review Board, and substituting a more general criterion that the establishment will provide Australia with substantial international trade or other economic benefits;

(b)       amending subregulation (d) to remove the age requirement and to enable greater flexibility in the funds an applicant must transfer to Australia to establish a business; and

(c)        omitting subregulation (e) to remove the requirement that the applicant possess funds additional to those transferred to Australia in accordance with subregulation (d).