EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Class of Persons for Nil VAC—LIN 24/008) Specification 2024
1 The instrument, departmental reference LIN 24/008, is made under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).
2 The instrument repeals Migration Regulations 1994 – Class of Persons – IMMI 14/032 (F2014L00344) 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.
3 The instrument commences on the day after it is registered on the Federal Register of Legislation. It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Purpose
4 Subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations provides that the first instalment of the visa application charge (VAC) in relation to an application for a Subclass 600 (Visitor) visa (Subclass 600 visa) which is not in the Frequent Traveller stream is nil, if the applicant is in a class of persons specified by the Minister.
5 The purpose of the instrument is to specify the class of persons for whom the amount of the first instalment of VAC is nil, under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations.
6 Section 6 of the instrument provides that an applicant for a Subclass 600 visa in the Tourist stream is in a class of persons specified if the applicant is:
- a member of the family unit, as defined in subregulation 1.12(2) of the Migration Regulations; or
- a representative of the family, approved by the Ministry of Foreign Affairs of the People’s Republic of China; or
- a representative of the family, approved by the Department of Home Affairs and Malaysia Airlines
of a passenger or crew member on board Malaysia Airlines flight MH370 (aircraft registration 9M-MRO).
7 The previous instrument specifying the above mentioned class of persons for nil VAC under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations was IMMI 14/032. That instrument commenced on 26 March 2014 and is scheduled to sunset on 1 April 2024.
8 The instrument LIN 24/008 operates to repeal and replace IMMI 14/032. The instrument continues to support the families and those closely connected to Malaysia Airlines flight MH370, which disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing Capital International Airport, in the event that remnants of the aircraft are recovered involving follow up action in Australia.
9 The instrument LIN 24/008 does not make changes to the class of persons specified in IMMI 14/032.
Consultation
10 Following consultation with the Department of Foreign Affairs and Trade, no concerns were raised with the class of persons previously specified in IMMI 14/032 being specified in the instrument. No public consultation was undertaken in relation to the instrument because the instrument maintains existing policy arrangements under IMMI 14/032, which are still considered necessary and appropriate.
11 The Office of Impact Analysis (OIA) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OIA reference number is OIA23-05781.
Details of the instrument
12 Section 1 sets out the name of the instrument.
13 Section 2 provides that the instrument commences the day after it is registered on the Federal Register of Legislation.
14 Section 3 sets out that the instrument is made under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations.
15 Section 4 sets out definitions of certain terms used in the instrument.
16 Section 5 provides that Migration Regulations 1994 – Class of Persons – IMMI 14/032 (F2014L00344) is repealed.
17 Section 6 provides that an applicant for a Subclass 600 (Visitor) visa in the Tourist stream is in a specified class of persons for whom the visa application charge is nil if the applicant is:
- a member of the family unit of a passenger or member of the crew on board MH370; or
- a representative of the family of a passenger or member of the crew on board MH370, who is:
- approved by the Ministry of Foreign Affairs of the People’s Republic of China; or
- approved by the Department of Home Affairs and Malaysia Airlines.
Parliamentary scrutiny etc.
18 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Schedule 1 to the Migration Regulations is prescribed under section 10, item 20(b) of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument not subject to disallowance.
19 As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
20 The instrument is made by the Minister for Immigration, Citizenship and Multicultural Affairs, in accordance with subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations.