Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (REPUBLIC OF SUDAN-UNITED NATIONS SECURITY COUNCIL RESOLUTION NO.1054) REGULATIONS 1996 NO. 153

STATUTORY RULES 1996 No. 153

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

Migration Act 1958

Migration (Republic of Sudan-United Nations Security Council Resolution No. 1054) Regulations

Section 504 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.

The purpose of the Regulations is to implement the objectives of United Nations Security Council Resolution (UNSCR) No. 1054 of 1996 which requires States to take steps to restrict the entry into or transit through the territory of members of the Government of Sudan, officials of that Government and members of the Sudanese armed forces. The Regulations will implement Australia's obligations under that UNSCR.

Details of the Regulations are as follows:

Regulation 1 - Citation

This regulation provides that these Regulations may be cited as the Migration (Republic of Sudan-United Nations Security Council Resolution No. 1054) Regulations.

Regulation 2 - Interpretation

This regulation provides that in these Regulations, unless a contrary intention appears, "Act" means the Migration Act 1958.

Regulation 3 - Application

This regulation provides for the provisions of the Regulations to apply in addition to, and despite any provision, to the contrary in, any other Regulations made under the Act. The effect of this regulation is that applicants must meet the criterion prescribed in these Regulations irrespective of the class of visa that they have applied for and in addition to the prescribed criteria for that class under the Migration Regulations.

Regulation 4 - Special criterion for grant visa

This regulation prescribes a special criterion applicable at the time of decision to be satisfied by an applicant for a via of any class. The criterion is that the applicant must meet the requirements of subregulation 4(2) of these Regulations.

Subregulation 4(2) is met by an applicant who:

*       is not a member, or an official, of the Government of Sudan; or

*       is not a member of the armed forces of Sudan.

The Regulations commence on gazettal.