Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 52

STATUTORY RULES 2000 No. 52

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

Migration Act 1958

Migration Amendment Regulations 2000 (No. 1)

Subsection 504(1) 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. In addition, subsection 31(3) of the Act provides that regulations may prescribe criteria for visas of a specified class.

The purpose of the Regulations is to amend the Migration Regulations 1994 in relation to Kosovar Safe Haven (Temporary) visas. The Regulations remove a criterion which prevents a former Kosovar Safe Haven visa holder from being granted a further Safe Haven visa whilst they are in Australia.

Details of the Regulations are as follows:

Regulation 1 - Name of regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 2000 (No. 1).

Regulation 2 -- Commencement

This regulation provides that these Regulations commence on gazettal.

Regulation. 3 -- Amendment of Migration Regulations 1994

This regulation provides that the Migration Regulations 1994 are amended set out in Schedule 1 to these Regulations.

Schedule 1 - Amendments

Item 1 - Schedule 2, subclause 448.221 (1)

This item amends subclause 448.221 (1) to remove reference to a visa application being made outside Australia.

Item 2 - Schedule 2, clause 448.222

This item omits clause 448.222 which refers to a visa application being made in Australia by the holder of a Subclass 448 visa.

The Regulations commence on gazettal.