Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 2001 (NO. 12) 2001 NO. 291

STATUTORY RULES 2001 No. 291

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

Migration Act 1958

Migration Amendment Regulations 2001 (No. 12)

Section 504 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, 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 regulation-making powers which are inserted in the Act by the Migration Legislation Amendment Act (No. 1) 2001:

•       subparagraph 486B(7)(a)(i) of the Act provides that the regulations may set out a definition of "family" for the purposes of paragraph 486B(7)(a) of the Act. Section 486B restricts the occurrences of multiple parties in certain migration proceedings in the High Court or the Federal Court, and subsection 486B(7) makes exceptions to this; and

•       paragraph 486B(7)(d) of the Act allows the regulations to prescribe other people in relation to whom exceptions can be made.

The purpose of the Regulations is to amend. the Migration Regulations 1994 (the Regulations) to define "family" for the purposes of subparagraph 486B(7)(a)(i) of the Act, and to prescribe other people who are not prevented from being involved in a migration proceeding, pursuant to paragraph 486B(7)(d) of the Act.

Details of the Regulations are set out in the Attachment.

The Regulations commence on the commencement of Part 2 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2001.

Attachment

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 2001 (No. 12).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on the commencement of Part 2 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2001.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that Schedule 1 to these Regulations amends the Migration Regulations 1994.

Schedule 1 - Amendments

Item [1] - After Division 5.7

This item inserts new Division 5.8, entitled "Multiple parties in migration litigation", after Division 5.7 in Part 5 of the Regulations.

New regulation 5.43 contains a definition of "family" for the purposes of proposed new paragraph 486B(7)(a) of the Act, pursuant to proposed new subparagraph 486B(7)(a)(i) of the Act. This new regulation provides that "family", for proposed new paragraph means:

•       the spouse of an applicant involved in a migration proceeding (see the definition of 'spouse' in regulation 1.15A); or

•       dependent children of an applicant involved in a migration proceeding (see definition of 'dependent child' in regulation 1.03).

New regulation 5.44 prescribes the legal personal representative of a person who has a serious physical or mental incapacity and who is an applicant in a migration proceeding, or a member of the family of the applicant, pursuant to paragraph 486B(7)(d) of the Act.

A "legal personal representative" is intended to be a person with legal authority to make decisions or to take legal actions on behalf of the person with the incapacity me above.