Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1998 NO. 139

STATUTORY RULES 1998 NO. 139

Issued by the Authority of the Minister for Immigration and Multicultural Affairs

Migration Act 1958

Migration Regulations (Amendment)

Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Without limiting the generality of section 504, paragraph 504(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations. In addition, regulations may be made pursuant to the following powers:

-       subsection 31(3) of the Act provides that the regulations may prescribe criteria for visas of a specified class;

-       subsection 33(2) provides for regulations to be made which prescribe status for the purpose of the grant of special purpose visas; and

-       subsection 93(1) of the Act provides that the Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification.

The purposes of the Regulations are to amend the Migration Regulations to provide a definition of "community services" for the purposes of the Migration Regulations, to increase the number of points awarded under the points test for certain age qualifications, to increase the visa application charge for an Electronic Travel Authority (Business Entrant - Long Validity), Subclass 956 visa and to insert Malaysia into the definition of "SOFA [Status of Forces Agreement] forces civilian component" and "SOFA forces member". Details of the regulations are as follows:

Details of the regulations are as follows:

Regulation 1 provides for these Regulations to commence on 1 July 1998.

Regulation 2 provides for the Migration Regulations to be amended as set out in these Regulations.

Subregulation 3.1 provides that Malaysia is to be included in the definition of "SOFA forces civilian component member".

Subregulation 3.2 provides that Malaysia is to be included in the definition of "SOFA forces member".

The inclusion of "Malaysia" in the above definitions. reflects the Status of Forces Agreement ("SOFA") entered into between the Government of Australia and the Government of Malaysia.

Subregulation 3.3 inserts a definition of "community services" into regulation 1.03 to clarify that all Australian social security benefits, allowances and pensions come within the meaning of "community services" in the Migration Regulations.

In particular, the amendments make clear that the likelihood of an applicant's becoming eligible for social security income support, in relation to a medical condition, is a factor to be taken into account under the public interest criteria at paragraphs 4005(c), 4006A(1)(c) and 4007(1)(c) of Schedule 4 to the Migration Regulations.

Regulation 4 amends item 1208A of Schedule 1 to the Migration Regulations to increase the visa application charge for an Electronic Travel Authority (Business Entrant - Long Validity), Subclass 956 visa from $45 to $50.

Regulation 5 amends items 6203 and 6204 of Schedule 6 to the Migration Regulations. Subregulation 5.1 amends item 6203 by increasing the number of points awarded for age qualification for applicants aged not less than 3 5 years and under 40 years at time of application from 15 points to 20 points. Subregulation 5.2 amends item 6204 by increasing the number of points awarded for applicants aged not less than 40 years and under 45 years at time of application from 10 points to 15 points. The Regulations commence on 1 July 1998.