Overview

The Migration Regulations 1994, enacted in 1994, governs various aspects of Australia's migration system, including the eligibility and requirements for different types of visas. The instrument IMMI 17/018, introduced in 2017, is a legislative tool under the Migration Act 1958, addressing a gap in the definition and application of regional Australia and specified work for the purposes of the Working Holiday (Temporary) (Class TZ) visa. This instrument was made by the Minister for Immigration and Border Protection under the authority conferred by subitem 1225(5) of Schedule 1 to the Migration Regulations 1994. The policy objective behind this instrument was to provide clarity and specificity regarding the regional work experience required by applicants for a Working Holiday visa, ensuring the definition of regional Australia and specified work is well-defined and consistent with industry needs. Instrument IMMI 17/018 repeals the previous instrument IMMI 16/087 and updates the list of postcode areas considered regional Australia for visa applicants. This update was informed by consultations with relevant stakeholders, including the Department of Employment and the horticulture industry, particularly focusing on the Swan Valley district. By specifying additional postcode areas, the instrument aims to facilitate the application process for Working Holiday visa holders seeking to meet regional work experience requirements. This instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and therefore, a Statement of Compatibility with Human Rights is not required.

Scope and Application

The Migration (Immi 17/018: Working Holiday Visa – Specified Work and Regional Australia) Instrument 2017 applies to applicants for a Working Holiday (Temporary) (Class TZ) visa who have previously held no more than one Subclass 417 (Working Holiday) visa and seek to meet the specified work requirement in regional Australia. The instrument specifies the areas in regional Australia where the required work can be performed, thereby defining what constitutes 'regional Australia' and 'specified work' for the purposes of subitem 1225(5) of Schedule 1 to the Migration Regulations 1994. This instrument is made under subitem 1225(5) of Schedule 1 to the Regulations, which allows the Minister to specify these areas and types of work, and it operates nationally within Australia. The instrument replaces the previous instrument IMMI 16/087 and includes additional postcode areas in Western Australia, specifically 6055, 6056, and 6069, which now qualify as regional Australia for the purposes of this visa category. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 and does not require a Statement of Compatibility with Human Rights. It came into effect on the day after its registration on the Federal Register of Legislation.

Key Provisions

The primary provisions of instrument IMMI 17/018 (section 6) specify particular postcode areas in Western Australia (6055, 6056, and 6069) as regional Australia for the purposes of a Working Holiday (Temporary) (Class TZ) visa under subitem 1225(5) of Schedule 1 to the Migration Regulations 1994. This addition to the previous list of postcode areas (section 10) allows applicants for a Working Holiday (Temporary) (Class TZ) visa who have previously held a Subclass 417 (Working Holiday) visa to declare that they have carried out specified work in these areas for a total period of at least three months as part of their previous visa (subitem 1225(3B)). This instrument repeals the previous instrument IMMI 16/087 (F2016L01441) under subitem 1225(5) of Schedule 1 to the Regulations, ensuring that the updated list of postcode areas is in effect. The obligations and requirements imposed by this instrument on the parties it governs are primarily concerned with the declaration of specified work in regional areas for visa applicants. Applicants for a Working Holiday (Temporary) (Class TZ) visa must ensure that their application is accompanied by a declaration that they have completed the required period of specified work in the newly specified postcode areas as a holder of a Subclass 417 (Working Holiday) visa. This requirement is crucial for compliance with subitem 1225(3B) of Schedule 1 to the Regulations. Additionally, the instrument is relevant to subclause 417.211(5) of Schedule 2 to the Regulations, which uses the same definition of regional Australia. Any breach of the requirements specified by this instrument could lead to potential civil or administrative consequences. For instance, if an applicant fails to declare the required period of specified work in the specified postcode areas, their application for a Working Holiday (Temporary) (Class TZ) visa may be rejected. While specific penalties are not detailed in the explanatory statement, non-compliance could result in the denial of the visa or other administrative actions taken by the Minister under the Migration Regulations 1994. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and therefore no Statement of Compatibility with Human Rights is required. The instrument comes into effect on the day after it is registered on the Federal Register of Legislation.