Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN CITIZENSHIP REGULATIONS (AMENDMENT) 1994 NO. 262

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 262

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

Subject -Australian Citizenship Act 1948

Australian Citizenship Regulations (Amendment)

Section 53 of the Australian Citizenship Act 1948 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which by this 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.

The purpose of these Regulations is to make amendments to the Australian Citizenship Regulations to reflect the amendments to the Migration Act 1958 and Australian Citizenship Act 1948 which commence on 1 September 1994.

Details of the Regulations are as follows:

Regulation 1 - Commencement

This regulation provides for these Regulations to commence on 1 September 1994.

Regulation 2 - Amendment

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

Regulation 3 - Regulation 5 (Prescribed classes of visas)

Subregulation 3(1) amends regulation 5 of the Australian Citizenship Regulations by omitting subregulation 5(1) and substituting new subregulations 5(1) and 5(1A).

New subregulation 5(1) sets out definitions relevant for the purpose of regulation 5.

New subregulation 5(1A) prescribes classes of visas for the purposes of sub-subparagraph 5A(1)(d)(i)(A) of the Act. This subparagraph provides for a person who is not an Australian citizen to be taken to be, or have been a permanent resident, while outside Australia in certain circumstances. It is a requirement that the person be the holder of or a person deemed to be included in a return endorsement or a prescribed class of visa. With one exception the prescribed classes of visa are visas that are issued or granted to an eligible person. The classes of visa prescribed in new subregulation 5(1A) reflect the changes to the Migration Act 1958 to simplify the legal basis of entry to and stay in Australia. For information regarding these changes regard should be had to the explanatory memorandum on the Migration Regulations which also commence on 1 September 1994.

Subregulation 3(2) amends paragraph 5(2)(a) of the Australian Citizenship Regulations. Paragraph 5(2)(a) defines who is an 'eligible person' for the purposes of subregulation 5(1A). The change made is to omit " (ba) or (c) " and substitute " (ba), (bb) or (c) ". These references are to the paragraphs in section 5A of the Act. Amendments to the Act which commence on 1 September 1994 inserted a new paragraph 5A(1)(bb) into the Act to provide an additional basis on which a person may be taken to be or have been an Australian permanent resident. The amendment to paragraph 5(2)(a) in the Regulations reflects the insertion of this new paragraph in the Act.


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