Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (IRAQ - UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 661) REGULATIONS 1991 NO. 37

STATUTORY RULES 1991 No. 37

Subject: Migration Act 1958

Migration (Iraq - United Nations Security Council Resolution No. 661) 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.

Consistent with the objective of implementing the United Nations Security Council Resolution No. 661 of 6 August 1990 (copy attached), Regulations to prevent activities by visitors (in a broad sense) to Australia which promote or were 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 Iraq or Kuwait or to any person or body for the purpose of any business carried out in or operated from Iraq or Kuwait, were made in August 1990 - Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations.

In view of the liberation of Kuwait and the terms of UN Security Council Resolution No. 686, the Government has decided that it is now appropriate that all sanction measures against Kuwait which were taken in. the context of the implementation of Australian sanctions against Iraq pursuant to United Nations Security Council Resolution No. 661 should be repealed.

The purpose of these Regulations is to remake the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations, to remove references to Kuwait.

Details of the Regulations are set out in the Attachment.

Authority: Sections 23, 33 and 181 of the Migration Act 1958

Issued by the Attorney-General for and on behalf of the       Minister for Immigration, Local Government and Ethnic Affairs

ATTACHMENT

MIGRATION (IRAQ-UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 661) REGULATIONS

Regulation 1 - Citation

This regulation gives the title of the Regulations.

Regulation 2 - Application

Provides for the Regulations to operate in spite of the Migration Regulations.

Regulation 3 - Iraq - 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 Iraq.

The regulation also provides for the Minister to give permission in writing for the sale or supply of any goods to Iraq provided he/she is satisfied that such activities 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 holder is engaged in the sale or supply of goods for the purposes of business activities in Iraq.