Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 96

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 96

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 GovernorGeneral 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:

       insert a definition of "aged parent" in the Migration Regulations;

       bring the age provisions relating to de facto relationships in line with those which apply to dejure marriages;

       enable a person in custody to lodge an application in a processing area;

       prescribe a period for the purposes of paragraph 54D(b) of the Migration Act;

       provide more appropriate sponsorship provisions for applicants for the domestic worker (overseas executive) visa;

       reduce the period from 12 to 6 months for which assistance is required for persons granted an East Timorese in Portugal (special assistance) or a Croatians, Slovenians and Yugoslavs - displaced persons (special assistance) entry permit;

       broaden the exemptions from payment of the fee for the entertainment visa;

       provide for waiver of the fee for the visitor visa for representatives of foreign governments;

       remove from Schedule 5 a condition which is now inappropriate and disadvantageous to occupational trainees; and

       make stylistic amendments to Form 4 of Schedule 6 to make it more "user friendly" and to emphasise that it is consistent with the provisions of the Convention on International Civil Aviation.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Amendment

This regulation provides for the Migration Regulations to be amended as set out in these Regulations.

Regulation 2 - Regulation 2 (Interpretation)

This regulation adds a new definition of "aged parent" to the Migration Regulations. This definition was previously included in the Migration Act but with the repeal and substitution of section 47 by the Migration Amendment Act 1991 (No 86 of 1991), the definition is no longer required in the Act and is being repealed.

Regulation 3 - Regulation 3A (Interpretation - de facto spouse)

This regulation amends regulation 3A of the Migration Regulations to bring the age provisions relating to de facto relationships in line with those which apply to de jure marriages so that for de facto couples:

(i)       migrating from overseas, neither of whom is domiciled in Australia, both parties must have reached the age of 16, and

(ii)       where one party has an Australian domicile and the other does not, both parties must have reached the age of 18.

Regulation 4 - Regulation 34 (Application for visa or entry permit - person in custody)

Regulation 34 provides that an application made by a person in custody must be made "at an office of the Department". This regulation amends regulation 34 of the Migration Regulations to ensure that an office in a processing area nominated by the Minister under section 54A of the Act is "an office of the Department" for the purposes of this provision.

Regulation 5 - New Regulation 40A

This regulation adds a new regulation 40A to the Migration Regulations to provide that the prescribed period in section 54D of the Migration Act is counted from the day that a notice of this period is handed to the unprocessed person. The prescribed period is seven working days after the date of notification.

Regulation 6 - Regulation 60 (Domestic worker (overseas executive) visa)

This regulation amends regulation 60 of the Migration Regulations to replace the sponsorship requirement with more suitable provisions as the definition of "sponsor" in regulation 2 is inappropriate for this regulation.

Regulation 7 - Regulation 107D (East Timorese in Portugal (special assistance)

This regulation amends regulation 107D of the Migration Regulations to provide that the assistance required from the East Timorese community in Australia is required for 6 rather than 12 months.

Regulation 8 - Regulation 107E (Croatians, Slovenians and Yugoslavs - displaced persons (special assistance) visa)

This regulation amends regulation 107E of the Migration Regulations to provide that the assistance required from the "near relative" is required for 6 rather than 12 months.

This regulation also corrects a typographical error and omits the words "or a permanent entry permit" which were included in error.

Regulation 9 - Regulation 107F (Minorities of former USSR (special assistance) visa)

This regulation makes two minor amendments to regulation 107F of the Migration Regulations to correct a typographical error and to omit the words "or a permanent entry permit" which were included in error.

Regulation 10 - Regulation 135 (Spouse (after entry) entry permit)

This regulation amends regulation 135 of the Migration Regulations to provide that a decision to refuse the grant of an entry permit may be made earlier than 2 years after the day on which the application is made. This amendment is made because there was some concern that an application could not be refused earlier than 2 years from the date of application even when it is quite clear that an applicant does not meet the criteria.

Regulation 11 - Regulation 201 (Fee on application for entertainment visa)

This regulation amends regulation 201 of the Migration Regulations to broaden the exemptions from payment to include entertainers sponsored to perform at certain festivals or whose entry is sponsored by government funded organisations which are approved by the Secretary.

Regulation 12 - Regulation 205 (Waiver of fee for visitor visa in certain circumstances)

This regulation amends regulation 205 of the Migration Regulations to provide that the Minister may only waive a fee payable on application for a visitor visa where the applicant seeks to enter as a representative of a foreign government.

Regulation 13 - Schedule 5 (Mandatory conditions for grant of visas and entry permits)

A new condition relating to employment of occupational trainees was added as item 17 of Schedule 5 by Statutory Rules No 51 of 1992, but item 5, which was the previous condition relating to employment of occupational trainees, was inadvertently retained. As item 5 is now inappropriate and disadvantageous to occupational trainees it is omitted by these Regulations.

Regulation 14 - Schedule 6 (Forms)

This regulation makes stylistic amendments to Form 4 of Schedule 6 of the Migration Regulations to make it more "user friendly" and to emphasise that it is consistent with the provisions of the Convention on International Civil Aviation and does not simply flow from the Migration Act. This form is used in lieu of a travel document by international carriers and by immigration authorities at transit points.

The format of the form has been revised to make it more obvious to users that it is supported by the international convention.

Regulation 15 - Application

This regulation provides that the amendments to regulations 107D and 107E, which reduce the length of time for which support for the applicant is required from 12 to 6 months, apply to any application lodged under those regulations. This amendment is advantageous to those concerned.

This regulation also provides that the omission of item 5 of Schedule 5 applies to applications lodged after 28 February 1992, the date on which the new item 17 was added. From that date, item 5 was inappropriate and disadvantageous to occupational trainees and its omission is advantageous to occupational trainees.


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