Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1994 NO. 322

STATUTORY RULES 1994 No. 322

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

Migration Act 1958

Migration Regulations (Amendment)

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. In addition, subsection 31(1) of the Act provides that the regulations are to prescribe classes of visas, and subsection 31(3) of the Act provides that the regulations may prescribe criteria for visas of a specified class.

The purpose of the Regulations is to prescribe an additional primary criterion for grant of a visa of subclass 420 (Entertainment) to be satisfied by certain entertainers. This criterion is that the applicant must satisfy the Minister that the activity in Australia in relation to which the application is made will bring a net employment benefit to the Australian entertainment industry. This criterion was prescribed under the Migration (1993) Regulations in respect of grant of a class 420 (Entertainment) visa. The Migration (1993) Regulations were repealed by Statutory Rules No 261 of 1994. The net employment benefit criterion was omitted from the Migration Regulations (Statutory Rules 1994 No 268). Omission of the criterion was an oversight; there was no substantive policy change relating to the temporary entry of entertainers to Australia. The effect of the Regulations is to bring the Migration Regulations back into line with policy.

Details of the Regulations are:

Regulation 1 - Amendment

This regulation provides for the Migration Regulations to be amended as set out in these Regulations.

Regulation 2 - Regulation 1.03 - Interpretation

This regulation inserts a definition of the term "net employment benefit" in regulation 1.03 of the Migration Regulations. The term is defined by cross-reference to regulation 1.12A, inserted by regulation 3 of these Regulations.

Regulation 3 - New regulation 1.12A - Net employment benefit

This regulation inserts regulation 1.12A - Net employment benefit in the Migration Regulations.

Regulation 4 - Schedule 2. Part 420 (Entertainment)

This regulation omits and substitutes subclause 420.222(4) of Schedule 2 of the Migration Regulations. The effect of this regulation is to add the criterion that the applicant satisfy the Minister that the activity in Australia in relation to which the application is made will bring a net employment benefit to the Australian entertainment industry.

The Regulations commence on gazettal.