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SLI 2013 No. 156 Regulations as made
This regulation amends the Migration Regulations 1994 (‘the Principal Regulations’) to strengthen cancellation powers and create a new condition in relation to Bridging E (Class WE) visas (‘BVEs’). In particular, the regulation amends the Principal Regulations to create: • a discretionary power to cancel a BVE held by a person who is convicted of, or charged with, an offence in Australia or another country, or who is the subject of an Interpol notice relating to criminal conduct or to threat to public safety; and • a new discretionary visa condition to, when imposed, prohibit a person who has been granted a BVE from engaging in criminal conduct.
Administered by: Immigration and Citizenship
Registered 28 Jun 2013
Tabling HistoryDate
Tabled HR12-Nov-2013
Tabled Senate12-Nov-2013
Date of repeal 30 Jun 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Commonwealth Coat of Arms

 

 

Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013

 

Select Legislative Instrument No. 156, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.

Dated 28 June 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Brendan O’Connor

Minister for Immigration and Citizenship

 

 

  

  


Contents

1............ Name of regulation.............................................................................. 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Migration Regulations 1994                                                                                     2

 


1  Name of regulation

                   This regulation is the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013.

2  Commencement

                   This regulation commences on the day after it is registered.

3  Authority

                   This regulation is made under the Migration Act 1958.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Migration Regulations 1994

1  At the end of subregulation 2.43(1)

Add:

                   ; (p)  in the case of the holder of a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa—that the Minister is satisfied that the holder:

                              (i)  has been convicted of an offence against a law of the Commonwealth, a State, a Territory or another country; or

                             (ii)  has been charged with an offence against a law of the Commonwealth, a State, a Territory or another country; or

                            (iii)  is the subject of a notice (however described) issued by Interpol for the purposes of locating the holder or arresting the holder; or

                            (iv)  is the subject of a notice (however described) issued by Interpol for the purpose of providing either or both of a warning or intelligence that the holder:

                                        (A)  has committed an offence against a law of another country; and

                                        (B)  is likely to commit a similar offence; or

                             (v)  is the subject of a notice (however described) issued by Interpol for the purpose of providing a warning that the holder is a serious and immediate threat to public safety;

                     (q)  in the case of the holder of a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa—that:

                              (i)  an agency responsible for the regulation of law enforcement or security in Australia has advised the Minister that the holder is under investigation by that agency; and

                             (ii)  the head of that agency has advised the Minister that the holder should not hold a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

2  At the end of Division 050.6 of Schedule 2

Add:

050.618

                   In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.

3  At the end of Division 051.6 of Schedule 2

Add:

051.613

                   In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.

4  At the end of Schedule 8

Add:

8564           The holder must not engage in criminal conduct.

5  At the end of Schedule 13

Add:

Part 16AAmendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013

  

16A01  Operation of Schedule 1

                   The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 apply on and after the day that regulation commences.