Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 112

STATUTORY RULES 1992 No. 112

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. 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 Regulations is to make the following amendments to the Migration Regulations:

•       Regulation 3 corrects a minor technical error in regulation 42.

•       Regulation 4 removes an ambiguity in regulation 142D which could prevent the refusal of an application for an interdependency (permanent) entry permit prior to two years after the date of the elapsing application. The policy intention of regulation 142D is that an application for an interdependency (permanent) entry permit is not to be approved until two years after the date of application, provided the relationship on which the application is based is still in existence at that time. However, where the criteria for the grant of the entry permit clearly cannot be met (eg, following irretrievable breakdown of the relationship), the application can be refused at any time.

•       Regulation 5 amends the commencement provisions of Statutory Rules 1992 No 51 so that visitor visas may be granted under the existing visitor visa and entry permit classes until 1 May 1992. Statutory Rules No 51 made a number of changes to the existing regulations determining the grant of visit visas and entry permits principally to distinguish between visitors coming for less than 3 months and those coming for 3 months or more. These new changes were to take effect from 1 May 1992 to allow time for adjustment of the Department's computer system and procedures. The amendments relating to stays of 3 months or more commenced on 28 February 1992, with the end result that there is currently no provision for granting visas for stays of less than 3 months. This amendment provides for the criteria relating to stays of more than 3 months to commence on 1 May 1992, thus allowing for visitor visas to be granted under the existing regulations until 1 May 1992 irrespective of the length of visit sought.

Regulations 3 and 4 are to commence on the date of gazettal. Regulation 1 provides for regulation 5 to be taken to have commenced on 28 February 1992. Retrospectivity of regulation 5 will not be detrimental to the rights of, or impose liabilities on any person; its only effect will be to validate any visitor visa which may have been issued after 28 February 1992 in respect of a visit of less than 3 months and this will be entirely beneficial to holders of such visas. Hence, retrospectivity does not contravene subsection 48(2) of the Acts Interpretation Act 1901.