Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 349

STATUTORY RULES 1991 No. 349

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

Migration Act 1958

Migration Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act including making provision for and in relation to the lodging of documents. In addition, sections 23 and 33 of the Act enable regulations to be made providing for different classes of visas and entry permits.

The purpose of the proposed Regulations is to insert an additional criterion in the public interest criteria defined in regulation 2 of the Migration Regulations. A person must satisfy the public interest criteria to be granted a visa or entry permit. The new criterion would enable the Minister to refuse a visa or entry permit to a person who is a member of a declared group and who is unable to satisfy the Minister that he or she is unlikely to become involved in the planning or carrying out of unlawful activities while in Australia.

•       Regulation 2 amends the definition of public interest criteria in subregulation 2(1) by the insertion of new paragraph (ca). New paragraph (ca) enables a visa or entry permit to be granted to a person where the Minister, acting personally, is satisfied that a person who is a member of a declared body is not likely to become involved in criminal or illegal activities inside or outside Australia.

•       Regulation 3 inserts a new regulation 3B to provide that the Minister may by notice in writing declare an organisation or group of persons to be a declared body for the purpose of the regulation. The notice is subject to the disallowance procedures under section 46A of the Acts Interpretation Act 1901.

•       Regulation 4 provides that the amendments made by these regulations will cease to have effect on and after 6 March 1992.

The Minute recommends that Regulations be made in the form proposed.

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