Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 1999 (NO. 9) 1999 NO. 155

STATUTORY RULES 1999 NO. 155

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

Migration Act 1958

Migration Amendment Regulations 1999 (No. 9)

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 41(2) of the Act provides that, without limiting the generality of the section, the regulations may provide that visas or visas of a specified class are subject to specified conditions, including but not limited to a condition that a further visa cannot be granted and a condition restricting work rights.

The purpose of the Regulations is to amend the Migration Regulations 1994 to provide limited work rights for holders of Subclass 448 (Kosovar Safe Haven (Temporary)) visas. The condition gives the visa holder a limited work right to work 20 hours per week

Details of the Regulations are as follows:

Regulation 1 - Name of regulations

This regulation provides that these regulations are the Migration Amendment Regulations 1999 (No. 9).

Regulation 2 - Commencement

This regulation provides that these regulations commence on gazettal.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that the Migration Regulations 1994 are amended as set out in Schedule 1 to these regulations.

Schedule 1 - Amendments

Item 1 - Schedule 2, clauses 449.611 and 448.612

This item amends clauses 448.611 and 448.612 to provide that condition 8104 is a mandatory condition for all Subclass 448 visas. This replaces condition 8101 ("The holder must not engage in work in Australia").