Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1995 NO. 302

STATUTORY RULES 1995 No. 302

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.

In addition, regulations may be made pursuant to the following powers:

•       subparagraphs 134(10)(a)(ii) and 134(10)(b)(ii) provide for the prescribing of classes visas for the purposes of those subparagraphs; and

•       section 506 provides that regulations made under paragraph 504(1)(c) may provide for the giving of different information about different classes of people; that regulations are to provide for the giving of information in the form of answers to specified questions on a passenger card by all non-citizens (other than those exempted) and that the questions may include, but are not limited to, questions relating to the matters specified in subsection 506(3).

The purpose of the Regulations is to:

•       prescribe visas for the purposes of the definition of "business visa" in paragraphs 134(10)(a) and (b) of the Act;

•       streamline the entry of passengers into Australia by reducing the questions which must be asked on passenger cards; and

•       omit the requirement for an applicant to provide evidence of health insurance from the prescribed criteria for the grant of a Subclass 456 (Business (Short Stay)) visa, Subclass 676 (Tourist (Short Stay)) visa and Subclass 686 (Tourist (Long Stay)) visa.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 November 1995.

ATTACHMENT

Regulation 1 - Commencement

This regulation provides for the Migration Regulations (Amendment) to commence on 1 November 1995.

Regulation 2 - Amendment

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

Regulation 3 - New regulation 2.50

This regulation inserts a new regulation 2.50 into the Migration Regulations. New regulation 2.50 prescribes the classes of visas for the purposes of paragraph (a) of the definition of "business visa" in subsection 134(10) of the Act; and prescribes the kinds of visas, and the provisions of the Migration Reform (Transitional Provisions) Regulations that apply to each of those kinds of visas, for the purposes of paragraph (b) of the definition of "business visa" in subsection 134(10) of the Act.

Regulation 4 - Regulation 3.02 (Passenger card)

This regulation omits paragraphs 3.02(1)(c), (d) and (e). The purpose of this amendment is to streamline the entry of passengers into Australia by reducing the questions which must be asked on passenger cards.

Regulation 5 - Schedule 2, Part 456 (Business (Short Stay))

This regulation omits subparagraph 456.221(2)(e)(iii). This amendment removes, as a criterion for the grant of a Subclass 456 (Business (Short Stay)) visa, the requirement that an applicant provide evidence of health insurance.

Regulation 6 - Schedule 2, Part 676 (Tourist (Short Stay))

This regulation omits subparagraph 676.221(2)(g)(iv). This amendment removes, as a criterion for the grant of a Subclass 676 (Tourist (Short Stay)) visa, the requirement that an applicant provide evidence of health insurance.

Regulation 7 - Schedule 2, Part 686 (Tourist (Long Stay))

This regulation omits subparagraph 686.221(2.)(g)(iv). This amendment removes, as a criterion for the grant of a Subclass 686 (Tourist (Long Stay)) visa, the requirement that an applicant provide evidence of health insurance.