EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/021: ARRANGEMENTS FOR VISITOR VISA (CLASS FA) VISA APPLICATIONS INSTRUMENT 2017

(Item 1236)

1. Instrument IMMI 17/021 is made under subregulation 2.07(5) of the
   Migration Regulations 1994 (the Regulations) and item 3 of the table in
   subitem 1236(6) of Schedule 1 to the Regulations for item 1236 of Schedule 1 to the Regulations.
2. The instrument repeals IMMI 16/102 (F2016L01892) under subregulation 2.07(5) of the Regulations and subitem 1236 of Schedule 1 to the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The instrument operates for the Minister to specify, for applicants of a Visitor
   (Class FA) visa, the approved form, place and manner for making an application, and the travel agents that must be used by an applicant intending to travel to Australia from the People’s Republic of China as a member of an organised tour.
4. The purpose of the instrument is to specify the arrangements specified in the revoked IMMI 16/102, and to also specify:

i)            in Schedule 1, that for a specified kind of applicant, applications for a
Subclass 600 visa in the Tourist stream should be made to the Department of Immigration and Border Protection’s (the Department) Adelaide office. This provides a centralised address for all onshore paper applications for a Subclass 600 visa in the Tourist stream; and

ii)            in Schedule 8, the People’s Republic of China, and in Schedule 7 to remove the People’s Republic of China. This has the effect of allowing Chinese applicants to make an internet application for a Subclass 600 visa in the Tourist, Business and Sponsored Family streams.

5.             Online lodgement for Chinese applicants is a measure arising from the Government’s White Paper on Developing Northern Australia. Accordingly, prior to making the instrument, the Department undertook consultation with the Department of the Prime Minister and Cabinet. Consultation was also undertaken with the Department of Foreign Affairs and Trade on the expansion of online lodgement to China.

6.             Consultation regarding the centralised address for all onshore paper applications for a Subclass 600 visa in the Tourist stream was not undertaken as it is a minor administrative change. The change impacts a small cohort of applicants who will continue to have access to the online or paper visa application form in the same way as most other visas. Specifying the lodgement location of onshore paper applications to the Adelaide office will assist in streamlining the application process. The Department’s website and form 1419 will reflect the changes from the commencement date.

7.             The Office of Best Practice Regulation (OBPR) has confirmed that Regulatory Impact Statement is not required (OBPR References 16837 and 21293).

8.             The delegate making the instrument (Senior Executive Service, Band two, Immigration and Citizenship Policy Division) was delegated the powers contained in
subregulation 2.07(5) of the Regulations in Instrument of Delegation DEL 16/067, signed on 9 November 2016.

9.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

10.         The instrument commences on 20 February 2017.