Federal Register of Legislation - Australian Government

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IMMI 12/045 Other as made
This instrument revokes the Immigration (Guardianship of Children) Regulations 2001 - specification for the purposes of regulation 4 - Welfare of Children: Offices that are Authorities - February 2009 (IMMI 08/118) which was signed on 5 February 2009 and specified authorities for the purpose of regulation 4 of the IGOC Regs.
Administered by: Immigration and Border Protection
Registered 09 May 2012
Tabling HistoryDate
Tabled HR21-May-2012
Tabled Senate18-Jun-2012
Date of repeal 19 Mar 2014
Repealed by Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Immigration (Guardianship of Children) Act 1946

Immigration (Guardianship of Children) Regulations 2001

 

INSTRUMENT OF REVOCATION

 

1.                  This Instrument is made under the Immigration (Guardianship of Children) Regulations 2001 (‘the Regulations’).

 

2.                  The purpose of the Instrument is to revoke Instrument Number IMMI 08/118 which specified authorities for the purpose of Regulation 4 of the Regulations.  Regulation 4 of the Regulations was repealed on 24 March 2012 and so a Legislative Instrument for the purpose of Regulation 4 is no longer required or necessary.

 

3.                  Consultation is unnecessary as, under subsection 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

4.                  Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

 

5.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13644).

 

6.         The Instrument, IMMI 12/045, commences on 15 May 2012.


Text Box: Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Revocation of F2009L00301 “Immigration (Guardianship of Children) Regulations 2001 – specification for the purposes of regulation 4 – Welfare of Children: Offices that are Authorities – February 2009” 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument
Proposed amendments to the Immigration (Guardianship of Children) Regulations 2001 (the Regulations) seek to remove all references to an authority of a State and repeal regulation 4 which gives the Minister for Immigration and Citizenship the power to declare offices that are the authority of a state.   
The proposed amendments will result in instrument F2009L00301 no longer having any purpose or authority. The revocation of this instrument will therefore remove any confusion as to its function. 
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

[The Hon Chris Bowen MP, Minister for Immigration and Citizenship]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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