Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (REPUBLIC OF SUDAN - UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 1054) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 226

STATUTORY RULES 1999 NO. 226

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

Migration Act 1958

Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Amendment Regulations 1999 (No. 1)

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 subsection 31(3) of the Act, which provides that the regulations may prescribe criteria for a visa or visas of a specified class.

The Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations implement the objectives of United Nations Security Council Resolution No. 1054(1996) to restrict the grant of any visa to members and officials of the Government of Sudan and members of the Sudanese armed forces.

The purpose of the Regulations is to amend the Migration (Republic of Sudan United Nations Security Council Resolution No. 1054) Regulations to:

-       allow the Minister to grant a visa to members or officials of the Government of Sudan and members of the Sudanese armed forces in compelling circumstances (item 5)

-       make consequential amendments (items 3 and 4); and

-       make technical amendments to correct minor errors (item 1 and 2).

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 1 November 1999.

ATTACHMENT

Details of the Regulations are as follows:

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are named the Migration (Republic of Sudan -United Nations Security Council Resolution No. 1054) Amendment Regulations 1999 (No. 1).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 November 1999.

Regulation 3 - Amendment of Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations

This regulation provides that Schedule 1 of these Regulations amends the Migration (Republic of Sudan - United Nations Security Council Resolution No. 1054) Regulations.

Schedule 1 - Amendments

Item 1 - Regulation 1

This item makes technical amendments to regulation 1 by omitting the heading "Citation" and the provisions of regulation 1 and substituting the heading "Name of Regulations" and renames the Regulations as the Migration (Republic of Sudan United Nations Security Council Resolution No. 1054) Regulations 1996.

Item 2 - Regulation 2, heading

This item makes a technical amendment by omitting the heading "Interpretation" and substituting the new heading "Definition".

Item 3 - Regulation 4, heading

This item makes a consequential amendment by omitting the heading "Special criterion for grant of visa" and substituting the new heading "Special criteria for grant of visas".

Item 4 - Subregulation 4.(1)

This item makes a consequential amendment.

Item 5 - After subregulation 4(2)

United Nations Security Council Resolution 1054(1996) ("Resolution 1054(1996)") requires steps to be taken to restrict the entry into or transit through Australia of members or officials of the Government of Sudan or members of the armed forces of Sudan ("the target group"). Currently, subregulation 4(2) absolutely prohibits the grant of any visa to a member of the target group and is therefore more stringent than the requirements of Resolution 1054(1996).

This item inserts a new criterion at subregulation 4(3) in order to more accurately give effect to the objectives of Resolution 1054(1996). The new criterion allows the Minister to grant a visa to a member of the target group where the Minister is satisfied that there are compelling reasons to grant the visa. The effect of the insertion of new subregulation 4(3) is that a person who, as a member of the target group, would be prevented from entry into Australia under subregulation 4(2), may now be granted a visa if the Minister is satisfied that there are compelling reasons to grant the visa to the person.