Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 88

STATUTORY RULES 1991 No. 88

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.

The purpose of the Regulations is:

-       to amend regulation 9 of the Migration Regulations so that the definition of "remaining relative" excludes a child who has been adopted where the adoptive parent has been resident overseas for 12 months or less at the time of the application. Regulation 46 sets out the criteria for an adoptive visa, one of which is that when a child has been adopted, the adoptive parent has been resident overseas for more than 12 months at the time of application. It has recently become apparent that a loophole existed to get around this requirement when the adoptive child was the last remaining relative. This amendment closes this loophole (proposed regulation 2); and

-       to amend regulation 146 of the Migration Regulations to re-insert the definition of "usual occupation" which was inadvertently omitted as part of subregulation 146(2) by Statutory Rules No 60 of 1991 (proposed regulation 3).

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

Issued by the Minister of Administrative Services for and on behalf of Minister for Immigration, Local Government and Ethnic Affairs