Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 43

STATUTORY RULES 1991 No. 43

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 extend the operative date of certain of the Migration Regulations.

Details of the Regulations are:

Regulation 1 - Amendment

Regulation 1 provides for the Migration Regulations to be amended.

Regulation 2 - Regulation 99 (Division to cease to have effect)

Regulation 2 provides for Division 3 of Part 3 of the Migration Regulations to have effect until 30 June 1991. This Division provides for entry into Australia on refugee and specified humanitarian grounds. The extension is being made to allow for entry on these grounds while new policies are being developed.

Regulation 3 - Regulation 123B (Continuing student whose temporary entry permit or visa operating as a temporary entry permit has expired)

Regulation 3 extends the time in which students who have become illegal entrants because of delays in processing documentation by educational institutions, may obtain student status.

Regulation 4 - Regulation 126 (Extended eligibility (spouse) entry permit)

Regulation 4 extends the time in which visitors who marry Australian citizens or permanent residents, may obtain permanent residence in Australia on that basis, pending the introduction of new policy requirements to cover this situation.

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

Cabinet Minute No. 13697 of 7 May 1990

Issued by the Attorney-General for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs