Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1996 NO. 121

STATUTORY RULES 1996 No. 121

Issued by the Authority of the Minister for Immigration and Multicultural 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:

*       subsection 29(2) of the Act provides that the regulations may prescribe a period during which the holder of a visa may travel to, enter and remain in Australia; and

*       subsection 29(3) of the Act provides that the regulations may prescribe a period during which the holder of a visa may travel to, enter, re-enter and remain in Australia.

The purpose of the Regulations is to extend the operation of the Sri Lankan (Temporary) (Class TT) and Citizens of Former Yugoslavia (Temporary) (Class TC) visas from 31 July 1996 to 31 July 1997 and bar access to them by persons who arrive in Australia after 31 July 1996.

Details of the Regulations are as follows:

Regulation 1 - Commencement

This regulation provides that these Regulations commence on 1 July 1996.

Regulation 2 - Amendment

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

Regulation 3 - Schedule 2 - Part 435 (Sri Lankan)

This regulation amends Part 435 of Schedule 2 to the Migration Regulations,

Subregulation 3.1 inserts a new clause 435.213 to provide a criterion that the applicant did not enter Australia after 31 July 1996.

Subregulations 3.2 and 3.3 omit clauses 435.214 and 435.511 and substitute new clauses respectively, to allow certain citizens of Sri Lanka to apply for a Sri Lankan (Temporary) (Class TT) visa which will cease to be in effect on 31 July 1997. Any Current Sri Lankan (Temporary) (Class TT) visa will cease to be in effect on 31 July 1996.

Regulation 4 - Schedule 2, Part 443 (Citizens of Former Yugoslavia)

This regulation amends Part 443 of Schedule 2 to the Migration Regulations.

Subregulation 4.1 inserts a new clause 443.213 to provide a criterion that the applicant did not enter Australia after 31 July 1996.

Subregulations 4.2 and 4.3 omit clauses 443.214 and 443.511 and substitute new clauses respectively, to allow certain citizens of the former Yugoslavia to apply for a Citizens of Former Yugoslavia (Temporary) (Class TC) visa which will cease to be in effect on 31 July 1997. My current Citizens of Former Yugoslavia (Temporary) (Class TC) visa will cease to be in effect on 31 July 1996.

The Regulations commence on 1 July 1996.