Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (REPUBLIC OF SUDAN - UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 1054) REPEAL REGULATIONS 2002 2002 NO. 11

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 11

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

Migration Act 1958

Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002

Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 31(1) of the Act provides that the regulations are to prescribe classes of visas. Subsection 31(3) of the Act provides that the regulations may prescribe criteria for a visa or visas of a specified class.

On 28 September 2001, the United Nations Security Council adopted a resolution in which the UN sanctions against Sudan were lifted. Australia is obliged under the Charter of the United Nations to comply with decisions of the Security Council.

The purpose of the Regulations is to give effect to the above resolution of the United Nations Security Council by repealing the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996, as amended by the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999. The repeal provisions apply particularly to the granting of visas.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 March 2002.

ATTACHMENT

Regulation 1 - Name of Regulations

Regulation 1 provides that these Regulations are the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Repeal Regulations 2002.

Regulation 2 - Commencement

Regulation 2 provides that these Regulations commence on 1 March 2002.

Regulation 3 -Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996 - repeal

On 28 September 2001, the United Nations Security Council adopted a resolution in which the UN sanctions against Sudan were lifted. Australia is obliged under the Charter of the United Nations to comply with decisions of the Security Council.

Regulation 3 therefore provides for the repeal of the following Statutory Rules:

(a)       1996 No. 153 (Migration (Republic of Sudan United Nations Security Council Resolution No. 1054) Regulations 1996); and

(b)       1999 No. 226 (Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999).

Regulation 4 - Transitional

Regulation 4 provides that the Statutory Rules mentioned in regulation 3 do not apply in relation to an application for a visa:

(a)       made, but not finally determined (within the meaning of subsection 5(9) of the Act), before 1 March 2002; or

(b)       made on or after 1 March 2002.

The transitional provision will ensure that applications that have been made but not finally determined as at 1 March 2002 will not have to satisfy the criteria for grant of a visa set out in the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations 1996.


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