Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

MIGRATION REGULATIONS (AMENDMENT) 1996 NO. 198

STATUTORY RULES 1996 No. 198

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. Paragraph 116(1)(g) of the Act provides for the grounds for cancelling a visa to be prescribed.

The purpose of the Regulations is to amend the Migration Regulations to provide for two circumstances in which an Electronic Travel Authority (Class UD) visa (ETA visa) can be cancelled:

*        where a child travels to Australia on an ETA visa and the rights and interests of any person who has custody or guardianship of, or access to, the child have been prejudiced; and

*        where adequate arrangements have not been made for the child's welfare in Australia.

For most visas, these child protection issues are considered as part of the criteria for the grant of the visa. However the ETA visa has streamlined application and processing procedures and it is not possible to consider these issues prior to the grant of the visa.

Details of the Regulations are:

Regulation 1 - Amendment

This regulation provides for the Migration Regulations to be amended by these Regulations.

Regulation 2 - Regulation 2.43 (Grounds for cancellation of visa (Act, s. 116))

Subregulation 2.1 prescribes two additional grounds for cancelling an ETA visa:

*       new paragraph (1)(e) enables the cancellation of an ETA visa if the grant of the visa prejudiced the rights and interests of any person who has custody or guardianship of, or access to, the visa holder; and

*       new paragraph (1)(f) enables the cancellation of an ETA visa if the holder is a minor unaccompanied by a parent or guardian, and the holder does not have adequate funds, or adequate arrangements have not been made, for the holder's maintenance, support and general welfare during the proposed visit to Australia.

Subregulation 2.2 omits subregulation 2.43(2) and substitutes a new subregulation which clarifies that cancellation of a visa is mandatory if the grounds set out in paragraphs (1)(a), (b) and (c) exist.

The Regulations commence on gazettal.