Commonwealth Numbered Regulations - Explanatory Statements

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

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS (AMENDMENT) 1995 NO. 40

STATUTORY RULES 1995 No. 40

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 GovernorGeneral 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.

In addition, regulations may be made pursuant to the following powers:

-       subsection 40(7) of the Reform Act provides that the regulations may provide that, from 1 September 1994, applications made after a specified date, or other specified applications, for visas or entry permits in a specified old Act class are to be taken to be applications for visas in a specified amended Act class.

The purpose of the Regulations is to amend the Migration Reform (Transitional Provisions) Regulations to allow former holders of Extended Eligibility Temporary Entry Permits (EETEP) who were outside Australia on 1 September 1994 to apply outside Australia for a substantive visa corresponding to the entry permit they had held.

Details of the proposed Regulations are as follows:

Regulation 1 - Commencement

This regulation provides that regulation 3 is taken to have commenced on 1 September 1994. The effect of the regulations 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 2 - Amendment

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

Regulation 1- Regulation 38 (Special provision for grant outside Australia of visas to form holders of temporary entry permits)

This regulation omits paragraph 4(b).

The unintentional effect of paragraph 4(b) was that former EETEP holders who did not obtain an Extended Eligibility Temporary Entry Visa (EETEV) before departing Australia were unable to obtain a travel facility to return to Australia, even though this facility was available to them before 1 September 1994. This regulation corrects that unintentional effect.