Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (YUGOSLAVIA (SERBIA AND MONTENEGRO) RESOLUTIONS) REGULATIONS 1994 NO. 266

STATUTORY RULES 1994 No. 266

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

Subject - Migration Act 1958

United Nations Security Council

Migration (Yugoslavia (Serbia and Montenegro) Resolutions) Regulations

Amendments to the Migration Act 1958 (the Act) commence on 1 September 1994. These amendments include amendments which renumber the provisions of the Act. These Regulations are made to commence on 1 September 1994 to implement changes necessary as a result of the amendments to the Act. All references in this Explanatory Statement are to the renumbered provisions as they will exist on 1 September 1994.

The Act provides the regulation making powers set out below which enable these regulations to be made. Where necessary subsection 4 (1) of the Acts Interpretation Act 1901 is relied upon. That subsection provides that where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation.

Section 504 of 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, for carrying out or giving effect to the Act. In addition, subsection 31(3) of the Act enables regulations to prescribe the criteria for a visa and subsection 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.

These Regulations repeal Statutory Rules 1992 No. 157 - Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations - and remake those Regulations. This is necessary because of changes made to the Act by the Migration Reform Act 1992, which commence on 1 September 1994. In particular the Act no longer makes provision for entry permits and makes specific provision for the cancellation of visas.

The Regulations operate in the same way as the repealed Regulations.

The purpose of the Regulations is to limit the circumstances in which the Minister may grant a visa to persons engaged in business activities, scientific and technical cooperation, cultural exchanges and visits with Yugoslavia and also provides for cancellation of the visa of a person engaged in prohibited activities.

The making of these Regulations is consistent with the objectives of implementing the United Nations Security Council Resolution No. 757 of 30 May 1992.

Details of the Regulations are:

Regulation 1 - Citation

This regulation provides that these Regulations may be cited as the Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations.

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 September 1994.

Regulation 3 - Interpretation

This regulation defines the meaning of the terms "Act", "alien" and "Yugoslavia" for the purposes of the Regulations.

Regulation 4 - Application

This regulation provides for the Regulations to operate in addition to, and despite any provision to the contrary, in any other Regulations made under the Act.

Regulation 5 - Special criterion for grant of visas

This regulation prescribes special criteria for the grant of visas to be satisfied at the time of decision on an application for a visa of any class. The applicant is required to satisfy the requirements in subregulation (1) and (2).

Subregulation 5(1) provides that the applicant meets the requirements of the criterion at the time of decision if the Minister is satisfied that the person will not engage, or would, if permitted to enter Australia, be unlikley to engage, within Australia in an activity which involves the sale, supply or promotion of any commodity or product to any person or organisation for the purposes of any business carried on in, or operated from Yugoslavia.

Subregulation 5(1) also provides that the Minister must be satisfied that the applicant is not involved in scientific or technical co-operation, cultural exchange or visits sponsored by or representing Yugoslavia or sporting events in which the applicant represents or intends to represent, Yugoslavia,

Subregulation 5(2) sets out the circumstances in which the sale, supply or promotion of a commodity or product is not a prohibited activity.

Subregulation 5(3) is an alternative requirement to that set out in subregulation (1). A person meets the requirements of the subregulation if the Minister is satisfied that the granting of the visa will not infringe Australia's international law obligations.

Regulation 6 - Cancellation of Visa

This regulation prescribes as a ground for cancellation of a visa under section 116(1)(g) of the Act that the Minister is satisfied that the alien has engaged, within Australia in business activities prohibited by subregulation 5 (1),

Regulation 7 - Repeal

This regulation repeals the previous Regulations, Statutory Rules 1994 No. 157.