EXPLANATORY STATEMENT
Issued by authority of the Minister for Home Affairs
Migration Regulations 1994
Migration (Arrangements for Subclass 417 (Working Holiday) Visa) Instrument 2026
- The Migration (Arrangements for Subclass 417 (Working Holiday) Visa) Instrument 2026 (departmental reference LIN 26/048) is made under the Migration Regulations 1994 (the Migration Regulations), under and for the purposes of the following provisions:
- subregulation 2.07(5) of the Regulations;
- subitem 1225(1) of Schedule 1 to the Regulations;
- subitem 1225(3) of Schedule 1 to the Regulations;
- paragraph 1225(3AA)(b) of Schedule 1 to the Regulations;
- subitem 1225(5) of Schedule 1 to the Regulations;
- subclause 417.211(2) of Schedule 2 to the Regulations.
- The instrument repeals Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 (F2022L00830) (LIN 22/051) 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.
- Paragraph 13(1)(a) of the Legislation Act 2003 (the Legislation Act) applies subsection 33(3) of the Acts Interpretation Act to an instrument-making power in the Migration Regulations as if the Migration Regulations were an Act. This means that the provisions of the Migration Regulations to make the instrument also include a power to amend or repeal the instrument.
- The instrument commences immediately after the commencement of the Migration Amendment (Working Holiday Maker Age Criteria) Regulations 2026 (the Amendment Regulations). The Amendment Regulations commence on 1 July 2026.
- The instrument is a legislative instrument for the purposes of the Legislation Act.
Purpose
- This instrument repeals and replaces LIN 22/051, which specified matters in relation to applying for a Working Holiday (Temporary) (Class TZ) visa, and relevant to the criteria for the Subclass 417 (Working Holiday) visa.
- This instrument is consequential to the Amendment Regulations, which made technical amendments to the Schedule 1 requirements and Schedule 2 criteria for the Working Holiday visa. Specifically, the age criterion for eligibility to apply for a Working Holiday visa has been relocated from Schedule 2 to Schedule 1 to the Migration Regulations.
- The instrument increases the maximum age limit from 30 to 35 years, applicable to applicants for a Working Holiday visa who hold a passport issued by Cyprus, Finland, Germany or the Republic of Korea, as agreed through bilateral arrangements between Australia and each of these countries.
- This instrument otherwise continues the following arrangements that had been specified in LIN 22/051:
- the form to be used when making an application for a Working Holiday visa;
- the place and manner in which a visa application is to be made;
- the class of persons and kinds of working holiday eligible passports that must be held by a person who is a member of that class; and
- the age limit for applicants (being 35 years or a younger age as specified in the instrument).
Consultation
- Increases to the maximum age requirement, from 30 to 35 years, for applicants holding passports issued by Cyprus, Finland, Germany and the Republic of Korea were based on bilateral negotiations and agreements between Australia and the relevant countries to amend the age criteria for Working Holiday visa applicants.
- Additional consultation was not considered necessary as the instrument substantially maintains existing arrangements, other than the age-related changes mentioned above. Any additional changes are technical in nature, and necessary to support the Amendment Regulations.
Details and operation
- Further details of the instrument are set out in the Attachment.
Parliamentary scrutiny and other matters
- The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because in accordance with paragraph 44(2)(b) of the Legislation Act and item 20(b) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, instruments made under Part 2 and Schedules 1 and 2 of the Migration Regulations are prescribed as being exempt from disallowance. Given the instrument is exempt from disallowance, a statement of compatibility in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required.
Attachment
Details of the instrument
- Section 1 sets out the name of the instrument.
- Section 2 provides that the instrument commences immediately after the commencement of the Migration Amendment (Working Holiday Maker Age Criteria) Regulations 2026 (the Amendment Regulations). The Amendment Regulations commence on 1 July 2026.
- Section 3 provides that the instrument is made under the Migration Regulations 1994. The instrument is made under and for the purposes of several provisions of the Migration Regulations, including:
- subregulation 2.07(5) of the Regulations;
- subitem 1225(1) of Schedule 1 to the Regulations;
- subitem 1225(3) of Schedule 1 to the Regulations;
- paragraph 1225(3AA)(b) of Schedule 1 to the Regulations;
- subitem 1225(5) of Schedule 1 to the Regulations;
- subclause 417.211(2) of Schedule 2 to the Regulations.
- Section 4 provides that 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. Any other item in a Schedule to this instrument has effect according to its terms.
- Section 5 sets out the definitions of several terms used in the instrument.
- Section 6 specifies, for the purposes of subitems 1225(1) and 1225(3) of Schedule 1 to the Regulations, the approved forms and the place and manner in which a Working Holiday (Temporary) (Class TZ) visa application must be made by an applicant who is a member of a class of persons specified in the instrument.
- Section 7 specifies the class of persons for the purposes of subitems 1225(3) and (5) of Schedule 1 to the Migration Regulations. An applicant is in the class if they hold a passport that was issued by a country or region specified in the table in Schedule 1 to the instrument and satisfies any conditions mentioned in the relevant table item. An applicant is also in the class if they are in Australia and, when they most recently entered Australia, held such a passport, but that passport has since expired.
- Section 8 specifies, for the purposes of subclause 417.211(2) of Schedule 2 to the Migration Regulations, that a working holiday eligible passport is a kind of passport held by an applicant who is in a class of persons specified in section 7.
- Section 9 specifies, for paragraph 1225(3AA)(b) of Schedule 1 to the Migration Regulations, the younger age, if any, that applies in relation to a country or region specified in column 1 of the table in Schedule 1. The younger age is specified in column 3 of the same table item. The effect is that the maximum age limit to apply for a Subclass 417 visa is 35 years, unless a younger age is specified in Schedule 1 to the instrument.
- Schedule 1 to the instrument provides a table that specifies the country or region, conditions and younger age for the purposes of the instrument. Column 1 of the table specifies the country or region that must have issued the applicant’s passport, column 2 specifies any conditions that must be satisfied in relation to that passport, while column 3 specifies the younger age limit (if any) applicable to applicants who hold a passport issued by the relevant country or region.
- Schedule 2 to the instrument repeals Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 (F2022L00830).