MIGRATION (HAITI - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS 1994 NO. 151

MIGRATION (HAITI - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS 1994 NO. 151

STATUTORY RULES 1994 No. 151

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

Subject - Migration Act 1958

Migration (Haiti - United Nations Security Council Resolutions) Regulations

Section 181 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. Without limiting the generality of section 181, section 23 of the Act enables, amongst other things, regulations to be made providing, amongst other things, for the grant, refusal and cancellation of visas, and section 33 of the Act enables regulations to be made providing, amongst other things, for the grant, refusal and cancellation of entry permits.

The purpose of the Regulations is, consistent with the objectives of implementing the United Nations Security Council Resolution 917 of 5 May 1994, to provide that the Minister must not grant a visa or entry permit to persons connected with the Haitian coup d'etat of 1991, the Haitian military and police forces, the present administration of Haiti, and their immediate families, unless the Minister is satisfied that granting the visa or entry permit will not infringe Australia's obligations under international law.

The Regulations also provide that the Minister must not grant a visa or entry permit to persons engaged in business activities with Haiti, unless the activities involve foodstuffs, medical supplies or informational material, or unless the Minister has granted permission in writing for a person to engage in such business activities where the Minister is satisfied that permitting the activity would not infringe Australia's obligations under international law. The Regulations give the Minister power to cancel a visa or entry permit held by any person who engages in the prohibited business activities, unless the person is an Australian citizen or an Australian permanent resident.

Details of the Regulations are:

Regulation 1 - Citation

This regulation gives the title of the Regulations.

Regulation 2 - Interpretation

This regulation defines the meaning of three terms used in the Regulations, unless the contrary intention appears.

Regulation 3 - Application

This regulation provides for the Regulations to operate in addition to, and despite any provision to the contrary in, any other Regulations made under the Migration Act 1958.

Regulation 4 - Visas and entry permits not to be granted to certain persons

This regulation prescribes the persons who are prevented by the Regulations from being granted a visa or entry permit. These persons are those connected with the Haitian coup d'etat of 1991, the Haitian police and military forces, the present administration of Haiti, and their immediate families.

Regulation 5 - Visas and entry permits not to be granted in certain circumstances

This regulation prevents the grant of visas and entry permits to persons engaged in business activities with Haiti, unless the activities involve foodstuffs, medical supplies or informational materials, or unless the Minister is satisfied that permitting the activity will not infringe Australia's obligations under international law. The regulation also gives the Minister the power to cancel any visa or entry permit held by a person engaging in a prohibited activity, unless the person is an Australian citizen or an Australian permanent resident.

The Regulations commence on gazettal.