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MIGRATION (HAITI - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS 1994 NO. 267

MIGRATION (HAITI - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS 1994 NO. 267

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 267

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

Subject - Migration Act 1958

Migration (Haiti - United Nations Security Council Resolutions) Regulations

Amendments to the Migration Act 1958 (the Act) commence on 1 September 1994. These amendments include amendments which renumber the provisions of the Act. The Regulations are made to commence on 1 September 1994 to implement changes necessary as a result of the amendments to the Act. All references in this Explanatory Statement are to the renumbered provisions as they will exist on 1 September 1994.

The Act provides the regulation making powers set out below which enable these regulations to be made. Where necessary subsection 4 (1) of the Acts Interpretation Act 1901 is relied upon. That subsection provides that where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation.

Section 504 of 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 a visa and paragraph 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.

The Regulations repeal Statutory Rules 1994 No. 151 - the Migration (Haiti - United Nations Security Council Resolutions) Regulations - and remake those Regulations. The Regulations operate in the same way as the repealed Regulations.

The purpose of the Regulations is to limit the circumstances in which the Minister may grant a visa to persons connected with the Haitian coup d'etat of 1991, the Haitian military and police forces and the present administration of Haiti, and their immediate families. The regulation also limits the circumstances in which a person engaging in business activities with Haiti may be granted a visa and provides for the cancellation of the visa of a person engaged in prohibited activities.

The making of the Regulations is consistent with the objectives of implementing the United Nations Security Council Resolution No. 917 of 5 May 1994.

Details of the Regulations are:

Regulation 1 - Citation

This regulation provides that these Regulations may be cited as the Migration (Haiti - United Nations Security Council Resolutions) Regulations.

Regulation 2 - Commencement

This regulation provides that the Regulations commence on 1 September 1994.

Regulation 3 - Interpretation

This regulation defines the meaning of the terms "Act" and "alien" for the purposes of the Regulations.

Regulation 4 - 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 Act.

Regulation 5 - Special criterion for grant of visas

This regulation prescribes special criteria for the grant of visas, to be satisfied at the time of decision. The applicant is required to satisfy either the requirements in subregulation (2) or (3) and the requirements in subregulation (4).

Subregulation (2) provides that the applicant meets the requirements of the subregulation if the person is not a person specified. The persons specified are persons connected with the Haitian coup d'etat of 1991, the Haitian police and military forces or the present administration of Haiti, and their immediate families.

Subregulation (3) is an alternative requirement to that set out in subregulation (2). A person meets the requirements of the subregulation if the Minister is satisfied that the granting of the visa will not infringe Australia's obligations under international law.

The requirements set out in subregulation (4) are an additional requirement that must be satisfied. The requirements in this subregulation relate to the business connections the applicant for the visa has with persons or organisations in Haiti. The Minister must be satisfied that the person will not engage, or would, if permitted to enter Australia, be unlikely to engage, within Australia in a prohibited activity.

Subregulation (5) sets out the circumstances in which a business activity is not a prohibited activity.

Subregulation (6) provides for the Minister to give permission to engage in an activity prohibited by subregulation (4) if the Minister is satisfied that permitting the activity will not infringe Australia's obligations under international law.

Regulation 6 - Cancellation of visa

This regulation prescribes as a ground for cancellation of a visa under section 116(1)(g) of the Act that the Minister is satisfied that the alien has engaged, within Australia, in the business activities prohibited by subregulation 5 (4).

Regulation 7 - Repeal

This regulation repeals the previous Regulations, Statutory Rules 1994 No. 151.

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