Statutory Rules 1996   No. 111

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Migration Reform (Transitional Provisions) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958 and the Migration Reform Act 1992.

Dated 24 January 1996.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

nick bolkus

Minister for Immigration and Ethnic Affairs

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1.   Commencement

1.1   Regulation 3 is taken to have commenced on 1 November 1995. 

[NOTE: The remainder of these Regulations commences on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Migration Reform (Transitional Provisions) Regulations are amended as set out in these Regulations.

3.   Regulation 19A (Special Circumstance visa)

3.1   Paragraphs 19A (3) (e) and (f):

Omit the paragraphs, substitute:

 “(e) the non-citizen:

 (i) has parental links with Australia (within the meaning of subregulation (5)); or

 (ii) is a person to whom an Australian passport was issued on or after Independence Day; or

 (iii) is a person with parental passport links with Australia (within the meaning of subregulation (6)); or

 (iv) is a person whose name was registered:

 (A) under section 11 of the Australian Citizenship Act 1948 (as that section was in force before 22 November 1984) on or after Independence Day; or

 (B) under section 10B of the Australian Citizenship Act 1948 on or after 22 November 1984; or

 (v) is a person in relation to whom a written record of the giving to the person of notification from a Commonwealth Department to the effect that the person was, at the time of giving the notification, an Australian citizen can be produced (whether that notification was correct or not and whether the person has subsequently been notified to the contrary or not); and”.

3.2   Subregulation 19A (5):

Omit “paragraph (3) (e)”, substitute “subparagraph (3) (e) (i)”. 

3.3   Subregulation 19A (6):

Omit “subparagraph 3 (f) (ii)”, substitute “subparagraph (3) (e) (iii)”. 

3.4   Paragraph 19A (6) (b):

Omit “on or after 20 August 1986”, substitute “before 20 August 1986”. 

3.5   Subparagraphs 19A (7) (b) (i) and (ii):

Omit “paragraph (f)”, substitute “paragraph (3) (e)”. 

4.   New regulation 23I

4.1   After regulation 23H, insert in Part 5A:

Certain applications under the Migration (1993) Regulations—Class 816 (special (permanent) entry permit (after entry))

 “23I. (1) This regulation applies to an application for a Class 816 (special (permanent) entry permit (after entry)) under the Migration (1993) Regulations that has not been finally determined.

 “(2) For the purposes of an application to which this regulation applies, subclause 816.732 (3) of Chapter 1.2 of Schedule 2 of the Migration (1993) Regulations is taken to have been amended on 1 March 1994 by omitting ‘, not later than 31 October 1995,’.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 1996.

2. Statutory Rules 1994 No. 261 as amended by 1994 Nos. 281 and 377; 1995 Nos. 40, 135 and 266.