Australian Immigration Daily News

The instrument, Departmental reference LIN 23/029, is made under paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations 1994 (‘the Migration Regulations’).

The instrument repeals Migration Regulations 1994 – Class of Persons – IMMI 12/094 (F2012L02217) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences the day after registration, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Source: LIN23029.pdf and LIN23039-Explanatory-Statement.pdf

The purpose of the instrument is to specify under subregulation 5.40(1) of the Regulations:

• the fees payable to TRA for an application to TRA for assessment of a person’s occupational qualifications, experience, or both, and educational qualifications under paragraphs 5.40(1)(a) and (b) of the Regulations; and
• the fees payable to TRA for an application for the internal review of an assessment under paragraph 5.40(1)(c) of the Regulations.

Source: LIN23002.pdf and LIN23002-Explanatory-Statement.pdf

The instrument repeals Migration Regulations 1994 – Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008 (F2013L00513) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).

That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

Source: LIN23020.pdf and LIN23020-Explanatory-Statement.pdf

The information below has been provided by the Family Visas Branch within the Department of Home Affairs.

The Migration (Arrangements for Resident Return visa applications) Instrument LIN 23/014 came into effect on 4 March 2023 and is available at: Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 (legislation.gov.au) 

You will notice the instrument says ‘No longer in force’. This is because LIN 23/014 has amended LIN 22/019 (any instrument created to amend another automatically repeals on the day after commencement date: Division 1 of Part 1, Chapter 3 of Legislation Act 2003 – see section 48A).  The repeal doesn’t affect any amendments made by LIN 23/014 and it has taken effect with the new address being enforceable. 

Quotes Attributable to Federal Attorney-General Mark Dreyfus:

In 2013 the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 inserted new offences of forced marriage and harbouring a victim, and the standalone offences of forced labour and organ trafficking into the Criminal Code. The legislation also amended existing definitions to capture a range of slavery-like exploitative practices and forms of coercion.

These new laws made clear there is no place for modern slavery in Australia and empowered law enforcement agencies to disrupt, investigate and prosecute these crimes. A decade on from becoming a criminal offence in Australia forced marriage is now the most reported slavery-like offence to the Australian Federal Police.

Source: Marking-new-modern-slavery-offences---10-years-on.pdf