Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (HAITI - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS (REPEAL) 1994 NO. 402

STATUTORY RULES 1994 No. 402

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

Migration Act 1958

Migration (Haiti - United Nations Security Council Resolutions) Regulations (Repeal)

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 by the Act to be prescribed, for carrying out or giving effect to the Act. In addition, subsection 31(3) of the Act enables regulations to be made to prescribe the criteria for visas, and paragraph 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.

The purpose of the Regulations is to repeal the Migration (Haiti - United Nations Security Council Resolutions) Regulations (Statutory Rules 1994 No. 267). Those Regulations were made to implement United Nations Security Council Resolution (UNSCR) No. 917 of 5 May 1994. Their effect was to limit the circumstances in which visas could be granted to persons connected with the Haitian coup d'etat of 1991, the Haitian military and police forces and the administration of Haiti, and their immediate families. The Regulations also placed restrictions on the circumstances in which visas could be granted to persons engaging in certain business activities with Haiti, and provided for the cancellation of visas (other than permanent visas) held by non-citizens engaging in those business activities within Australia.

The sanctions imposed on Haiti by UNSCR No. 917 were lifted on 16 October 1994 in accordance with UNSCR No. 944 of 1994. It is therefore appropriate to repeal the Regulations entirely.

Details of the Regulations are:

Regulation 1 - Commencement - provides for the Regulations to commence on 12 December 1994.

Regulation 2 - Repeal of the Migration (Haiti - United Nations Security Council Resolutions) Regulations - provides that Statutory Rules 1994 No. 267 are repealed.