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This instrument will be automatically repealed under section 48A of the Legislation Act 2003 (Legislation Act), as its sole purpose is to amend another instrument.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.
Overview
The Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025 is an amendment made under the authority of the Minister for Immigration and Citizenship. It amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument 2021 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 the amended instrument. This amendment aims to ensure that the list of approved travel agents accurately reflects the outcomes of the Department of Home Affairs' annual audit and recruitment process and consultations with relevant government agencies. By updating the list, the instrument seeks to maintain the integrity of the ADS scheme and ensure that the travel agents meet the required licensing, performance, and compliance standards.
Scope and Application
The Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025 applies to the approved travel agents who facilitate group travel from the People's Republic of China to Australia for applicants participating in tours under the Approved Destination Status (ADS) stream of the Visitor (subclass 600) visa. This instrument amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument 2021, specifically targeting the list of approved travel agents to ensure it meets the eligibility criteria and reflects the latest audit and recruitment processes. The changes made are applicable nationally within Australia, as the ADS stream is a federal arrangement under the Migration Regulations 1994. The instrument exempts itself from disallowance and does not require a statement of compatibility with human rights, as mandated by the Legislation (Exemptions and Other Matters) Regulations 2015. It will automatically repeal itself upon coming into force on 12 September 2025, as its purpose is solely to amend another instrument, thereby not engaging the sunsetting provisions of the Legislation Act 2003.
Key Provisions
The Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (Approved Destination Status) Instrument 2025 amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021. The primary change made by this instrument is the revision of the list of approved travel agents in Schedule 1, which pertains to the Approved Destination Status (ADS) stream of the Visitor (subclass 600) visa (Section 4, Schedule 1). The ADS stream facilitates group travel from the People’s Republic of China to Australia for applicants participating in tours organised by these approved travel agents. The new table removes agents who no longer meet eligibility criteria or have requested removal, updates business names and agent codes, and adds newly verified agents who meet licensing, performance, and compliance standards (Item [1]).
The obligations and requirements imposed by this Act primarily concern the travel agents listed in the revised Schedule 1. These agents must ensure they meet all eligibility criteria, including licensing, performance, and compliance standards, to remain on the approved list. The Department of Home Affairs conducts an annual audit and recruitment process to verify that these agents continue to meet the necessary standards (Item [1]). Additionally, the Australian Consulate-General of Guangzhou, along with the Department of Foreign Affairs and Trade, Tourism Australia, and Austrade, are involved in the recruitment and verification process. The travel agents must also comply with any additional requirements or changes stipulated by the Department of Home Affairs or other relevant authorities.
Failure to comply with the requirements set out in this instrument may result in removal from the approved list of travel agents, which could prevent the agent from facilitating group travel under the ADS stream. Additionally, any agents found to be non-compliant may face further scrutiny, audits, or investigations by the relevant authorities. There are no explicit offences, penalties, or civil/criminal consequences stated within the text of the instrument itself. However, continued non-compliance or failure to meet the eligibility criteria could result in the agent being delisted, which would have significant operational consequences for their business. The consequences of being removed from the approved list may include legal repercussions if the agent continues to facilitate travel under the ADS stream despite being delisted.