Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014
1Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014
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Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014
Select Legislative Instrument No. 22, 2014
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 Legislative Instruments Act 2003.
Dated 13 March 2014
Quentin Bryce
Governor‑General
By Her Excellency’s Command
George Brandis QC
Attorney‑General
Contents
1 Name of regulation
2 Commencement
3 Authority
4 Guide to this regulation
5 Repeal of amending and repealing instruments
6 Repeal of commencement instruments
7 Repeal of amending and repealing instruments containing other provisions
8 Repeal of other redundant instruments
9 Expiry of regulation
Schedule 1—Repeal of amending and repealing instruments
Schedule 2—Repeal of commencement instruments
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Schedule 4—Repeal of other redundant instruments
Part 1—Instruments past their date of effect
Part 2—Other instruments no longer required
1 Name of regulation
This regulation is the Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Legislative Instruments Act 2003.
4 Guide to this regulation
This regulation repeals legislative instruments that are spent or no longer required, as authorised by section 48E of the Legislative Instruments Act 2003.
To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.
Schedule 1 deals with solely amending and repealing instruments.
Schedule 2 deals with commencement instruments.
Schedule 3 deals with amending and repealing instruments that contain application, saving or transitional provisions.
Schedule 4 deals with other instruments that are spent or no longer required.
This regulation contains saving provisions that apply to the repeals, in addition to the provision made by section 7 of the Acts Interpretation Act 1901. That section applies to this regulation because of section 13 of the Legislative Instruments Act 2003.
5 Repeal of amending and repealing instruments
(1) Each instrument mentioned in Schedule 1 is repealed.
(2) The repeal of an instrument by this section does not affect any amendment or repeal (however described) made by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
6 Repeal of commencement instruments
(1) Each instrument mentioned in Schedule 2 is repealed.
(2) The repeal of an instrument by this section does not affect any commencement provided by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
7 Repeal of amending and repealing instruments containing other provisions
(1) Each instrument mentioned in Schedule 3 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
8 Repeal of other redundant instruments
(1) Each instrument mentioned in Schedule 4 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
9 Expiry of regulation
This regulation expires on the day after it commences, as if it had been repealed by another regulation.
Schedule 1—Repeal of amending and repealing instruments
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that are spent, and that would have been repealed automatically under section 48A of the Legislative Instruments Act 2003 if they had been made after the commencement of that section. This Schedule does not include instruments with an application, saving or transitional provision: see Schedule 3.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see subsection 5(2).
Repeal of amending and repealing instruments
Item Instrument name and series number (if any) FRLI identifier
75 Migration Regulations 1994 ‑ Class of Persons – Public Interest Criteria – Revocation of Risk Factor List (Paragraph 4011(2)(b)), IMMI 08/119 F2009L01316
78 Migration Regulations (Amendment), SR 1994 No. 280 F1996B03552
79 Migration Regulations (Amendment), SR 1994 No. 322 F1996B03553
80 Migration Regulations (Amendment), SR 1994 No. 376 F1996B03554
81 Migration Regulations (Amendment), SR 1994 No. 452 F1996B03555
82 Migration Regulations (Amendment), SR 1995 No. 3 F1996B03556
83 Migration Regulations (Amendment), SR 1995 No. 302 F1996B03561
84 Migration Regulations (Amendment), SR 1995 No. 411 F1996B03562
85 Migration Regulations (Amendment), SR 1996 No. 12 F1996B03563
86 Migration Regulations (Amendment), SR 1996 No. 108 F1996B03566
87 Migration Regulations (Amendment), SR 1996 No. 121 F1996B03567
88 Migration Regulations (Amendment), SR 1996 No. 135 F1996B03568
89 Migration Regulations (Amendment), SR 1996 No. 198 F1996B03569
90 Migration Regulations (Amendment), SR 1997 No. 17 F1997B02534
91 Migration Regulations (Amendment), SR 1997 No. 64 F1997B02590
92 Migration Regulations (Amendment), SR 1997 No. 92 F1997B02610
93 Migration Regulations (Amendment), SR 1997 No. 109 F1997B02626
94 Migration Regulations (Amendment), SR 1997 No. 137 F1997B02651
95 Migration Regulations (Amendment), SR 1997 No. 184 F1997B02696
96 Migration Regulations (Amendment), SR 1997 No. 185 F1997B02697
97 Migration Regulations (Amendment), SR 1997 No. 216 F1997B02716
98 Migration Regulations (Amendment), SR 1997 No. 279 F1997B02770
99 Migration Regulations (Amendment), SR 1997 No. 288 F1997B02779
100 Migration Regulations (Amendment), SR 1997 No. 301 F1997B02792
101 Migration Regulations (Amendment), SR 1997 No. 354 F1997B02843
102 Migration Regulations (Amendment), SR 1998 No. 36 F1998B00032
103 Migration Regulations (Amendment), SR 1998 No. 37 F1998B00033
104 Migration Regulations (Amendment), SR 1998 No. 104 F1998B00096
105 Migration Regulations (Amendment), SR 1998 No. 139 F1998B00129
106 Migration Regulations (Amendment), SR 1998 No. 214 F1998B00198
Schedule 2—Repeal of commencement instruments
Guide to this Schedule
This Schedule repeals commencement instruments that are spent, and that would have been repealed automatically under section 48B of the Legislative Instruments Act 2003 if they had been made after the commencement of that section.
The repeal of an instrument by this Schedule does not affect any commencement the instrument provides for: see subsection 6(2).
Repeal of commencement instruments
Item Instrument name and series number (if any) FRLI identifier
1 Proclamation for the Australian Citizenship Act 2007 (made on 7 June 2007) F2007L01653
2 Proclamation for the Australian Citizenship Amendment (Citizenship Testing) Act 2007 (made on 26 September 2007) F2007L03867
3 Proclamation for the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (made on 29 October 2009) F2009L04034
4 Proclamation for the Migration Amendment (Abolishing Detention Debt) Act 2009 (made on 29 October 2009) F2009L04033
5 Proclamation for the Migration Amendment (Border Integrity) Act 2007 (made on 21 June 2007) F2007L01792
6 Proclamation for the Migration Amendment (Complementary Protection) Act 2011 (made on 21 March 2012) F2012L00650
7 Proclamation for the Migration Amendment (Maritime Crew) Act 2007 (made on 21 June 2007) F2007L01795
8 Proclamation for the Migration Amendment (Notification Review) Act 2008 (made on 28 November 2008) F2008L04521
9 Proclamation for the Migration Amendment (Protection of Identifying Information) Act 2009 (made on 12 August 2009) F2009L03098
10 Proclamation for the Migration Legislation Amendment Act (No. 1) 2008 (made on 18 September 2008) F2008L03482
11 Proclamation for the Migration Legislation Amendment Act (No. 1) 2008 (made on 3 October 2008) F2008L03538
12 Proclamation for the Migration Legislation Amendment Act (No. 1) 2008 (made on 5 February 2009) F2009L00268
13 Proclamation for the Migration Legislation Amendment Act (No. 1) 2009 (made on 13 March 2009) F2009L01026
14 Proclamation for the Migration Legislation Amendment (Information and Other Measures) Act 2007 (made on 26 April 2007) F2007L01135
15 Proclamation for the Migration Legislation Amendment (Worker Protection) Act 2008 (made on 18 June 2009) F2009L02375
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that also contain application, saving or transitional provisions. The amendments and repeals have happened, and the application, saving or transitional provisions are no longer required. The instruments do not contain any other substantive provisions.
To assist the reader, the location of each application, saving or transitional provision in an instrument is identified in brackets after its name, with “s” used to indicate the provision (e.g. “s. 4” may refer to section 4, regulation 4, clause 4 or the fourth provision of some other type as appropriate).
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 7(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 7(2)(b).
Repeal of amending and repealing instruments containing other provisions
Item Instrument name and series number (if any) FRLI identifier
1 Australian Citizenship Amendment Regulations 2009 (No. 1) (s. 3(2)), SLI 2009 No. 288 F2009L04035
2 Australian Citizenship Amendment Regulations 2009 (No. 2) (s. 3(2)), SLI 2009 No. 330 F2009L04337
3 Australian Citizenship Amendment Regulations 2010 (No. 1) (s. 3(2)), SLI 2010 No. 116 F2010L01519
118 Migration Legislation Amendment Regulations 2011 (No. 2) (s. 3(2), 4(2)‑(4), 5(2), 6(2) and 7(2)), SLI 2011 No. 250 F2011L02650
119 Migration Regulations (Amendment) (s. 73), SR 1995 No. 38 F1996B03557
120 Migration Regulations (Amendment) (s. 48), SR 1995 No. 117 F1996B03558
121 Migration Regulations (Amendment) (s. 6), SR 1995 No. 134 F1996B03559
122 Migration Regulations (Amendment) (s. 40 and 41), SR 1995 No. 268 F1996B03560
123 Migration Regulations (Amendment) (s. 19 and 20), SR 1996 No. 75 F1996B03564
124 Migration Regulations (Amendment) (s. 41), SR 1996 No. 76 F1996B03565
125 Migration Regulations (Amendment) (s. 145‑152), SR 1996 No. 211 F1996B03570
126 Migration Regulations (Amendment) (s. 19‑21), SR 1996 No. 276 F1997B00992
127 Migration Regulations (Amendment) (s. 13 and 14), SR 1997 No. 91 F1997B01959
128 Migration Regulations (Amendment) (s. 34), SR 1997 No. 263 F1997B02755
129 Migration Regulations (Amendment) (s. 9 and 10), SR 1998 No. 210 F1998B00194
130 Migration (Republic of Sudan — United Nations Security Council Resolution No. 1054) Repeal Regulations 2002 (s. 4), SR 2002 No. 11 F2002B00011
Schedule 4—Repeal of other redundant instruments
Guide to this Schedule
This Schedule repeals legislative instruments that are spent or no longer required, and that are not covered by the previous Schedules.
More information about why the instruments are spent or no longer required is provided in the explanatory statement accompanying this regulation.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 8(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 8(2)(b).
Part 1—Instruments past their date of effect
Instruments past their date of effect
Item Instrument name and series number (if any) FRLI identifier
1 Determination under Section 85 of the Migration Act 1958 ‑ Determination of Maximum Number of Aged Parent (Residence) (Class BP) Visas that may be Granted in the 2004/2005 Financial Year F2005L01287
2 Determination under Section 85 of the Migration Act 1958 ‑ Determination of Maximum Number of Parent (Migrant) (Class AX) Visas that may be Granted in the 2004/2005 Financial Year F2005L01288
3 Determination under Section 85 of the Migration Act 1958: Maximum Number of Contributory Aged Parent (Residence) (Class DG) Visas that may be Granted in the 2007/2008 Financial Year, IMMI 08/008 F2008L00688
4 Determination under Section 85 of the Migration Act 1958: Maximum Number of Contributory Aged Parent (Temporary) (Class UU) Visas that may be Granted in the 2007/2008 Financial Year, IMMI 08/009 F2008L00689
5 Determination under Section 85 of the Migration Act 1958: Maximum Number of Contributory Parent (Migrant) (Class CA) Visas that may be Granted in the 2007/2008 Financial Year, IMMI 08/007 F2008L00687
6 Determination under Section 85 of the Migration Act 1958: Maximum Number of Contributory Parent (Temporary) (Class UT) Visas that may be Granted in the 2007/2008 Financial Year, IMMI 08/010 F2008L00690
7 Migration Act 1958 ‑ Granting of Business Skills Visas in 2008/2009 Financial Year (Section 85), IMMI 09/030 F2009L01206
8 Migration Act 1958 ‑ Granting of Business Skills Visas in 2009/2010 Financial Year (Section 85), IMMI 10/011 F2010L00686
9 Migration Act 1958 ‑ Granting of Parent and Other Family Visas in 2012/2013 Financial Year (Section 85), IMMI 12/071 F2012L01307
10 Migration Act 1958 ‑ Granting of Parent, Contributory Parent and Other Family Visas in 2010/2011 Financial Year (Section 85), IMMI 11/024 F2011L00998
11 Migration Act 1958 ‑ Granting of Parent, Contributory Parent and Other Family Visas in 2011/2012 Financial Year (Section 85), IMMI 11/039 F2011L01058
12 Migration Act 1958 ‑ Visa Capping for 2005/2006 Financial Year: Contributory Aged Parent (Residence) (Class DG) Visas (Section 85), IMMI 06/045 F2006L01777
13 Migration Act 1958 ‑ Visa Capping for 2005/2006 Financial Year: Contributory Aged Parent (Temporary) (Class UU) Visas (Section 85), IMMI 06/043 F2006L01772
14 Migration Act 1958 ‑ Visa Capping for 2005/2006 Financial Year: Contributory Parent (Migrant) (Class CA) Visas (Section 85), IMMI 06/044 F2006L01773
15 Migration Act 1958 ‑ Visa Capping for 2005/2006 Financial Year: Contributory Parent (Temporary) (Class UT) Visas (Section 85), IMMI 06/042 F2006L01778
16 Migration Act 1958 ‑ Visa Capping for 2006/2007 Financial Year: Aged Parent (Residence) (Class BP) Visas (Section 85), IMMI 07/017 F2007L01324
17 Migration Act 1958 ‑ Visa Capping for 2006/2007 Financial Year: Parent (Migrant) (Class AX) Visas (Section 85), IMMI 07/016 F2007L01323
Part 2—Other instruments no longer required
Other instruments no longer required
Item Instrument name and series number (if any) FRLI identifier
1 Migration Act 1958 ‑ Determination of Daily Maintenance Amounts for Persons in Detention (Subsection 262(2)), IMMI 09/098 F2009L03974