Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (YUGOSLAVIA (SERBIA AND MONTENEGRO) - UNITED NATIONS SECURITYCOUNCIL RESOLUTIONS) REGULATIONS 1992 NO. 157

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 157

Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs

Migration Act 1958

Migration (Yugoslavia (Serbia and Montenegro) - United Nations Security Council Resolutions) Regulations

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations in relation to the granting and refusal of visas and entry permits.

The purpose of the Regulations is, consistent with the objectives of implementing the United Nations Security Council Resolution No. 757 of 30 May 1992, to prevent activities by visitors (in a broad sense) to Australia which:

(i) promote or are calculated to promote the sale or supply of any commodities or products whether or not originating in Australia, but not including certain medical supplies and in humanitarian circumstances, foodstuffs, to any person or body in the Federal Republic of Yugoslavia (Serbia and Montenegro) or to any person or body for the purpose of any business carried on in or operated from the Federal Republic of Yugoslavia (Serbia and Montenegro); or

(ii) would involve the person in representing the Federal Republic of Yugoslavia (Serbia and Montenegro) in sporting activities, scientific and technical cooperation, and in cultural exchanges add visits.

Details of the proposed Regulations are set out in the Attachment.

The Regulations will commence on gazettal.

ATTACHMENT

MIGRATION (YUGOSLAVIA (SERBIA AND MONTENEGRO) - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS

1 - Citation

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

2 - Interpretation

Provides for "Yugoslavia" to mean the Federal Republic of Yugoslavia (Serbia and Montenegro) in these Regulations

3 - Application

Regulation 2 provides for these Regulations to apply in spite of any provision in the Migration Regulations.

4 - Federal Republic of Yugoslavia (Serbia and Montenegro) - special restrictions

This regulation prevents the Minister granting a visa or entry permit to a person who is likely on entry into Australia to be involved directly or indirectly in the sale or supply of goods for the purposes of business activities in the Federal Republic of Yugoslavia (Serbia and Montenegro), in scientific or technical co-operation with the Federal Republic of Yugoslavia (Serbia and Montenegro), or in a cultural exchange or visit or participating in a sporting event in which the person is representing or intending to represent the Federal Republic of Yugoslavia (Serbia and Montenegro).

The regulation also provides for the Minister to give permission in writing for a person to engage in the supply or sale of any goods to the Federal Republic of Yugoslavia (Serbia and Montenegro), or engage in sporting and cultural activities as representatives of the Republic, or be involved in scientific or technical cooperation with the Republic provided he/she is satisfied that such activity will not infringe Australia's obligations under international law.

The regulation also enables the Minister to cancel an existing entry permit or visa if the held by a person who is engaged in activities such that the visa or entry permit would not now be granted in accord with United Nations Security Council Resolution 757.


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