Commonwealth Numbered Regulations - Explanatory Statements

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

MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 64

Statutory Rules 1997 No. 64

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, 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;

-        subsection 31(3) of the Act provides that the regulations may prescribe criteria for visas of a specified class;

-        subsection 45(1) of the Act provides that the regulations may make provision in relation to applications for visas;

-        paragraph 166(1)(b) of the Act provides that the regulations may require information to be given to a clearance officer by persons who enter Australia; and

-        subsection 166(2) of the Act provides for prescribing the way in which a person is to comply with paragraphs 166(1)(a) and (b).

In particular, the Regulations introduce the APEC Business Travel Card scheme, in line with the Government's agreement with the Republics of Korea and the Philippines. The scheme is to facilitate travel by business persons between APEC economies, and will initially be implemented on a trial basis. The trial scheme will facilitate the mobility of business persons throughout those APEC economies participating in the scheme which under multilateral arrangements provides pre-clearance of business persons by participating economies. Australia will provide pre-clearance through the grant of a Subclass 456 Business (Short Stay) visa. Holders of an APEC Business Travel Card will have access to priority processing at the arrival and departure points of those APEC economies.

The Regulations will also repeal regulation 2.12A of the Migration Regulations, which is no longer in effect. The arrangement this regulation refers to (that is, that the People's Republic of China (PRC) is a safe third country for a person who is or has been a Vietnamese refugee settled in the PRC) is now continued in regulation 2.12B.

The Regulations further correct some cross-referencing errors in relation to the Change in Circumstance (Residence) (Class AG) and Family (Residence) (Class AO) visa classes.

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)

The purpose of this amendment is to define the phrases "APEC", "APEC economy" and "designated APEC economy".

Regulation 3 - Regulation 2.12A (Safe third country and prescribed connection (subsection 91D(1) of the Act))

This regulation omits regulation 2.12A. That regulation provided that for the purposes of paragraphs 91D(1)(a) and (b) of the Migration Act 1958, the People's Republic of China (PRC) is a safe third country for a person who is or has been a Vietnamese refugee settled in the PRC or for a dependent or close relative of such a person. Regulation 2.12A ceased to be in force at the end of two years after the regulation commenced; that is it ceased to be in force on 27 January 1997. This is a technical amendment.

In relation to safe third country status for a person who is or has been a Vietnamese refugee settled in the PRC, ongoing arrangements with the PRC are not affected by this repeal. Those arrangements are now contained within regulation 2.12B, which came into force on 1 July 1996, and continue to be in effect.

Regulation 4 - Regulation 3.03 (Evidence of identify of arriving person etc. (Act, s. 166)

This regulation inserts a new paragraph 3.03(2)(f) into the Migration Regulations. The new paragraph requires that a person who holds a valid APEC Business Travel Card must show a clearance officer evidence of identity as specified in Schedule 9 and give the clearance officer a completed passenger card.

The regulation preserves the provisions of the former paragraph 3.03(2)(f) in a new paragraph 3.03 (2)(g).

Regulation 5 - Schedule 1 (Classes of visas)

Subregulations 5.1 and 5.2 correct cross-referencing errors in relation to the Change in Circumstance (Residence) (Class AG) and Family (Residence) (Class AO) visas.

The purpose of subregulation 5.3 is to make the Temporary Business Entry (Class UC) visa subject to the requirements of the new paragraph 1223A(1)(c).

Subregulation 5.4 inserts a new paragraph 1223A(1)(c) which requires an applicant for a Subclass 456 Business (Short Stay) visa to apply on a particular form, which is to be forwarded to a diplomatic, consular or migration office maintained outside Australia. That form is the application or copy of an application by a person from a designated APEC economy for an APEC Business Travel Card.

The purpose of subregulation 5.5 is to amend paragraph 1223A(2)(a) to provide that the Temporary Business Entry (Class UC) visa is subject to the new paragraph 1223A(2)(aa), in addition to paragraphs 1223A(2)(b), (c) and (d).

Subregulation 5.6 inserts a new paragraph 1223A(2)(aa) which provides that if the applicant has made an application for an APEC Business Travel Card, as referred to in paragraph 1223A(1)(c) there is no fee for that application.

The purpose of subregulations 5.7 and 5.8 is to provide that a person referred to in paragraph 1223A(1)(c) must be offshore at the time of application for a Temporary Business Entry (Class UC) visa, and can only lodge that application offshore.

Regulation 6 - Schedule 2, Part 456 (Business (Short Stay))

The purpose of subregulation 6.1 is to insert a new subparagraph 456.511(b)(iii) so that a Subclass 456 visa granted to an applicant for an APEC Business Travel Card is not subject to the more restrictive entry and stay provisions of one entry and a stay for a period not exceeding one month.

The purpose of subregulation 6.2 inserts a new subparagraph 456.512(a)(iii) so that a Subclass 456 visa granted to an applicant for an APEC Business Travel Card is subject to the more generous entry and stay provisions of multiple entry for 5 years or the life of the passport (up to 10 years), and a stay of up to three months from the date of entry.

Regulation 7 - Schedule 9 (Special entry and clearance arrangements)

The purpose of this regulation is to insert a new item 22 into Schedule 9 which specifies the evidence required to be presented by an APEC Business Travel Card holder to a clearance officer.

Regulation 8 - Schedule 11 (Memorandum of Understanding)

This regulation omits reference to "Subregulation 2.12A(1)" from Schedule 11 and substitutes "Subregulation 2.12B(4)" as a consequence of the repeal of the former provision.

The Regulations commence on gazettal.