EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (Designated APEC Economy) Instrument (LIN 23/008) 2023
1 The instrument, Departmental reference LIN 23/008, is made under the definition of ‘designated APEC economy’ in regulation 1.03 of the Migration Regulations 1994 (the Migration Regulations).
2 The instrument commences retrospectively on 2 October 2022 and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
3 This instrument is made under the definition of ‘designated APEC economy’ in regulation 1.03 of the Migration Regulations. Regulation 1.03 of the Migration Regulations defines the term ‘designated APEC economy’ to mean an APEC economy specified in a legislative instrument made by the Minister for the purposes of that definition.
4 A person who is the holder of a valid passport issued by a designated APEC economy, and who has applied to the Government of the designated APEC economy for an APEC Business Travel Card (ABTC) under arrangements in force between Australia and designated APEC economies is taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream by operation of regulation 2.07AA of the Migration Regulations. The ABTC scheme provides accredited business people streamlined entry to participating economies.
5 The instrument commences retrospectively on 2 October 2022. This means that where a designated APEC economy passport holder has applied to the designated APEC economy for an ABTC on or after that date, the person will be taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream.
6 The instrument will maintain the arrangements previously in place under Migration Regulations 1994 - Specification of Designated APEC Economies - IMMI 12/078 which was repealed by sunsetting on 1 October 2022.
Consultation
7 No external consultation was conducted as particulars of this instrument have been carried over from LIN 12/078 which was repealed by sunsetting on 1 October 2022. LIN 23/008 will maintain arrangements previously in place under LIN 12/078 and accordingly the Designated APEC economies listed under Schedule 1 of the instrument have not changed.
8 The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR Reference 22-03722).
Parliamentary scrutiny
9 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Part 1 of the Migration Regulations is prescribed by subitem 20(b) of the Legislation (Exemptions and Other Matters) Regulations 2015. As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
10 The instrument was made by the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with the definition of ‘designated APEC economy’ in regulation 1.03 of the Migration Regulations.
Overview
The Migration (Designated APEC Economy) Instrument 2023 (LIN 23/008), made under the authority of the Minister for Immigration, Citizenship and Multicultural Affairs, was introduced to address the need to streamline entry processes for business visitors from APEC economies. Enacted under the Migration Regulations 1994, this instrument aims to maintain the existing arrangements for designated APEC economies, which facilitate the streamlined entry of business visitors through the APEC Business Travel Card scheme. The instrument came into effect retrospectively on 2 October 2022, ensuring continuity in the existing framework that was previously established by the repealed LIN 12/078. The primary policy objective is to uphold the efficient processing of business travel applications from individuals holding passports from specified APEC economies, thereby fostering economic relations and facilitating business interactions across the Asia-Pacific region.
Scope and Application
The instrument LIN 23/008 applies to individuals holding a valid passport from a designated APEC economy who have applied for an APEC Business Travel Card (ABTC) under the arrangements between Australia and these economies. The purpose of this instrument is to facilitate the process for these individuals, recognising their ABTC application as a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream. The instrument is a legislative instrument under the Legislation Act 2003 and commenced retrospectively on 2 October 2022, maintaining the arrangements that were previously in place under the repealed instrument IMMI 12/078. This instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as it is made under the Migration Regulations 1994 and does not necessitate parliamentary scrutiny or external consultation.
Key Provisions
The instrument, designated as LIN 23/008, specifies which APEC economies are designated under regulation 1.03 of the Migration Regulations 1994. This legislative instrument is significant as it determines the eligibility of holders of passports from these designated APEC economies to apply for a Subclass 600 (Visitor) visa in the Business Visitor stream through the APEC Business Travel Card (ABTC) scheme. Effective from 2 October 2022, it also retroactively applies to applications for an ABTC made on or after this date (section 2). The instrument essentially maintains the previous arrangements under the repealed instrument LIN 12/078, which had specified the designated APEC economies.
Entities or individuals who hold a valid passport from one of the designated APEC economies and have applied for an ABTC are considered to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream, as per regulation 2.07AA of the Migration Regulations (section 4). This provision is designed to streamline the entry process for accredited business people to participating economies, facilitating smoother business travel and interactions between these nations. The list of designated APEC economies remains unchanged from the previous arrangements, and thus no external consultation was deemed necessary (section 7).
The instrument imposes several obligations on the parties it governs. Primarily, it requires the Minister for Immigration, Citizenship and Multicultural Affairs to specify the APEC economies that qualify as designated under the regulations (section 10). Additionally, it mandates that individuals holding passports from these specified economies and who have applied for an ABTC are to be treated as having applied for a Subclass 600 (Visitor) visa under the Business Visitor stream. This ensures that the streamlined entry process for business travellers is uniformly applied and recognised across the designated economies.
Failure to comply with the provisions of the instrument may not explicitly outline specific offences, penalties, or civil/criminal consequences within the text. However, given the nature of legislative instruments, any breaches could potentially lead to legal ramifications under the broader framework of the Migration Regulations 1994. The penalties for non-compliance with the Migration Regulations can include fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the Migration Act 1958 and the Migration Regulations 1994, which govern the overall regulatory environment for migration in Australia.