Migration Amendment Regulations 2001 (No. 12)1

Statutory Rules 2001 No. 2912

I, PETER JOHN HOLLINGWORTH, 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.

Dated 27 September 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

1 Name of Regulations

  These Regulations are the Migration Amendment Regulations 2001 (No. 12).

2 Commencement

  These Regulations commence on the commencement of Part 2 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2001.

3 Amendment of Migration Regulations 1994

  Schedule 1 amends the Migration Regulations 1994.

Schedule 1 Amendment

(regulation 3)

[1] After Division 5.7

insert

Division 5.8 Multiple parties in migration litigation

5.43 Meaning of family (Act s 486B)

  For paragraph 486B (7) (a) of the Act, family, of an applicant in a migration proceeding, means:

 (a) the spouse of the applicant; and

 (b) the dependent children of the applicant.

5.44 Prescription of other persons (Act s 486B)

  For paragraph 486B (7) (d) of the Act, the legal personal representative of a person who has a serious physical or mental incapacity and who is an applicant in a migration proceeding, or a member of the family of the applicant, is prescribed.

Notes

1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206, 239, 246, 283, 284 and 285.

2. Notified in the Commonwealth of Australia Gazette on 28 September 2001.