Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS (AMENDMENT) 1996 NO.11

STATUTORY RULES 1996 No. 11

Issued by the Authority of the Minister for Immigration and Ethnic Affairs

Migration Act 1958

Migration Reform Act 1992

Migration Reform (Transitional Provisions) 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.

Section 42 of the Migration Reform Act 1992 (the Reform Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Reform Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Reform Act.

The purpose of the Regulations is to amend the Migration Reform (Transitional Provisions) Regulations to:

*       provide applicants for a Class 816 (special (permanent) entry permit (after entry)) under the Migration (1993) Regulations, whose applications are not finally determined at the commencement of the proposed Regulations, with the further opportunity of demonstrating English language proficiency by removing the requirement that the English language tests must have been successfully undertaken no later than 31 October 1995; and

*       make minor technical amendments to regulation 19A (Special Circumstance visa).

Regulation 3 of the Regulations is taken to have commenced on 1 November 1995. The effect of the regulation is beneficial to the persons concerned and will not be prejudicial to any person. Retrospectivity will not, therefore, contravene subsection 48(2) of the Acts Interpretation Act 1901. The remainder of the Regulations commence on gazettal.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

This regulation provides that regulation 3 of these Regulations is taken to have commenced on 1 November 1995. The effect of the regulation is beneficial to the persons concerned and will not be prejudicial to any person. Retrospectivity will not, therefore, contravene subsection 48(2) of the Acts Interpretation Act 1901.

Regulation 7 - Amendment

This regulation provides for the Migration Reform (Transitional Provisions) Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 19A (Special Circumstance visa)

Subregulation 3.1 omits paragraphs 19A(3)(e) and (f) of the Migration Reform (Transitional Provisions) Regulations and substitutes a new paragraph (c). The new paragraph repeats the provisions of the omitted paragraphs with a technical amendment.

Subregulation 3.2 makes a technical amendment to subregulation 19A(S) as a consequence of the amendment made by subregulation 3.1 of these Regulations.

Subregulation 3.3 makes a technical amendment to subregulation 19A(6) as a consequence of the amendment made by subregulation 3.1 of these Regulations.

Subregulation 3.4 makes a technical amendment to paragraph 19A(6)(b) by omitting "on or after 20 August 1986" and substituting "before 20 August 1986".

Subregulation 3.5 makes a technical amendment to subparagraphs 19A(7)(b)(i) and (ii) as a consequence of the amendment made by subregulation 3.1 of these Regulations.

Regulation 4 - New regulation 23I

Paragraph 816.732(1)(b) and subclause 816.732(3) of the Migration (1993) Regulations enabled principal applicants for a Class 816 (special (permanent) entry permit (after entry)) to demonstrate English language proficiency by successfully undertaking, no later than 31 October 1995, at the first or second attempt, and at a time and place nominated by the Minister, a test of proficiency in English nominated by the Minister. This regulation provides applicants for a Class 816 (special (permanent) entry permit (after entry)) under the Migration (1993) Regulations, whose applications are not finally determined at the commencement of these Regulations, with the further opportunity of demonstrating English language proficiency by removing the requirement that the English language tests must have been successfully undertaken no later than 31 October 1995.