EXPLANATORY STATEMENT
Issued by the authority of the Minister for Immigration and Citizenship
Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025
The instrument Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025 is made under subregulation 2.07(5) and item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations 1994 (Migration Regulations).
This instrument amends Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021 (LIN 21/056) 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 purpose of the instrument is to update the list of approved travel agents for the Approved Destination Status (ADS) stream of the Visitor (subclass 600) visa. The ADS stream facilitates group travel from the People’s Republic of China to Australia for applicants participating in tours organised by travel agents listed in LIN 21/056.
The instrument operates to repeal the existing table in Schedule 1 to LIN 21/056 of approved travel agents and substitutes a revised table that:
- removes agents who no longer meet eligibility criteria or who have requested removal;
- updates business names and agent codes; and
- adds newly verified agents who meet licensing, performance, and compliance standards.
These changes reflect the outcomes of the Department of Home Affairs’ annual audit and recruitment process by the Australian Consulate-General of Guangzhou, and consultations with the Department of Foreign Affairs and Trade, Tourism Australia, and Austrade. The updates ensure the list of approved travel agents remains accurate to support the integrity of the ADS scheme.
This amending instrument is exempt from disallowance by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A statement of compatibility with human rights is therefore not required.
The instrument commences on 12 September 2025.
This instrument will be automatically repealed under section 48A of the Legislation Act 2003 (Legislation Act), as its sole purpose is to amend another instrument. As a result, it does not engage the sunsetting provisions in Part 4 of that Act.
The Migration Regulations do not specify any conditions that must be satisfied before the power to make the instrument may be exercised.
Further details of the instrument are set out in Attachment A.
ATTACHMENT A
Details of the Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025
Section 1 – Name of instrument
This section provides that the title of the instrument is Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025.
Section 2 – Commencement
This section provides that the instrument commences on 12 September 2025.
Section 3 – Authority
This section identifies the legislative authority for the instrument, being subregulation 2.07(5) and item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations 1994.
Section 4 – Schedules
This section provides that each instrument 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 1 – Amendments
Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021
Item [1] - Travel agents for Approved Destination Status Stream
This Schedule repeals the existing table in Schedule 1 of LIN 21/056 and substitutes a new table listing approved travel agents, their codes, and their respective provinces or municipalities. The updated list includes additions, removals and modifications to ensure the accuracy and relevance of the approved travel agents for the ADS scheme.