Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 315

STATUTORY RULES 1992 No. 315

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.

Under subsections 23(5) and 33(5) of the Act, regulations providing for the granting and refusal of visas and entry permits respectively, are taken to be repealed, unless otherwise disallowed, 2 years after the day on which such regulations take effect. Currently the effect of these provisions of the Act have been suspended until 16 October 1992, after which the Migration Regulations would effectively cease to operate.

The purpose of the Regulations is to extend the "life" of the Migration Regulations until 31 January 1993, by when it is expected that a complete redraft of the existing Migration Regulations should be in force.

The details of the Regulations are:

•       Regulation 1 provides for the Migration Regulations to be amended.

•       Regulation 2 provides for the operation of subsection 23(5) of the Act to be suspended until 31 January 1993.

•       Regulation 3 provides for the operation of subsection 33(5) of the Act to be suspended until 31 January 1993.

The Regulations will commence on gazettal.