Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 92

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 92

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(4) of the Act provides that the regulations may provide for a visa being held by two or more persons;

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

       subsection 31(4) of the Act provides for the regulations to prescribe whether visas are visas to travel to and enter, or remain in Australia, or both., and

       subsection 40(1) of the Act provides that the regulations may provide that visas or visas of a specified class may only be granted in specified circumstances.

The purpose of the Regulations is to amend the Migration Regulations to reflect the Government's decision, while maintaining its strong commitment to family migration, to introduce measures aimed at reducing possible abuse by applicants for spouse visas and interdependency visas who are in nongenuine relationships.

In particular, the Regulations will introduce a requirement that persons applying for permanent and certain temporary visas (except refugee and humanitarian visas) who are in a de facto or interdependent relationship have been in that relationship for a period of one year prior to the date of the application.

Details of the Regulations are set out in the Attachment. [Please note - no Attachment received - ed.]

The Regulations commence on 1 May 1997.


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