Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (1993) REGULATIONS (AMENDMENT) 1993 NO. 267

STATUTORY RULES 1993 No. 267

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

Subject - Migration Act 1958

Migration (1993) Regulations (Amendment)

Section 181 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 by the Act to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act. Without limiting the generality of section 181, section 23 of the Act enables regulations to be made providing for different classes of visas and section 33 of the Act enables regulations to be made providing for different classes of entry permits.

Under subsections 23(5) and 33(5) of the Act, regulations providing for the granting and refusal of visas and entry permits respectively are taken to be repealed, unless otherwise disallowed, 2 years after the day on which such regulations take effect. Subregulations 2.12(2) and 2.27(2) currently provide that subsections 23(5) and 33(5) of the Act respectively do not apply and provide that regulations 2.12 and 2.27 cease to have effect on 31 October 1993.

The purpose of the Regulations is to extend the period to 31 August 1994. This date coincides with the commencement of relevant provisions of the Migration Reform Act, which were to commence on 1 November 1993, but which will be deferred to 1 September 1994.

Regulation 2 amends subregulation 2.12(2) of the Migration (1993) Regulations by omitting "31 October 1993" and substituting "31 August 1994" with the effect that the existing law regarding the grant of a visa continues to apply until 31 August 1994.

Regulation 3 amends subregulation 2.27(2) of the Migration (1993) Regulations by omitting "31 October 1993" and substituting "31 August 1994" with the effect that the existing law regarding the grant of an entry permit continues to apply until 31 August 1994.

The regulations commence on gazettal.