Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 229

STATUTORY RULES 1991 No. 229

Subject: Migration Act 1958

Migration Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations providing for different classes of visas and entry permits.

These Regulations provide for the Business Migration Program to be ended in its present form by amending the principal Regulations so that no person can apply for, or be granted a permanent entry permit on the grounds of establishing a business in Australia under the regulations embodying the present scheme unless:

(1)       the individual has made an application before 2 August 1991; or

(2)       a notification has been lodged by an accredited business migration agent before 2 August 1991 that the individual intends to apply for permanent residence on business grounds, and the application is lodged before 2 November 1991.

These amendments also apply to non-dependent children of principal applicants where the child is seeking to enter Australia on the grounds that he or she is essential to the efficient conduct of business in question.

Details of the Regulations are:

Regulation 1

This regulation provides for the Migration Regulations to be amended.

Regulation 2 - Regulation 2 (Interpretation)

This regulation provides a definition of "notification" and "accredited agent".

Regulation 3 - New regulation 34AA

This regulation provides that an application for permanent residence in Australia on the grounds of establishing a business in Australia cannot be made unless it is made within the time limits set out above.

Regulations 4 and 5 - Regulation 47 (Business (general) visa) and Regulation 48 (Business (joint venture) visa)

These regulations amend regulations 47 and 48 so that the grant of a visa under them cannot be made unless the application is lodged in accord with the time limits set out above.

Regulation 6 - Regulation 95 (Return visa Class B)

This regulation makes a technical correction.

Regulations 7 and 8 - Regulation 128 (Extended eligibility (economic) entry permit) and Regulation 139 (Skilled occupation entry permit)

These regulations amend regulations 128 and 139 so that the grant of an entry permit under them cannot be made unless the application is lodged in accord with the time limits set out above.

Authority:       Sections 23, 33 and 181 of the Migration Act 1958

Issued by the Minister for Immigration, Local Government and Ethnic Affairs