EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/124: ARRANGEMENTS FOR VISITOR (CLASS FA) VISA APPLICATIONS) INSTRUMENT 2017 

(Item 1236)

1. Instrument IMMI 17/124 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations). 
2. The instrument revokes IMMI 17/076 (F2017L00832) 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 arrangements for a person making an application for a Visitor (Class FA) visa.  The instrument now includes online access to Indonesian passport holders to apply for a Visitor (Subclass 600) visa in the Tourist, Business and Sponsored Family Streams without the need to apply through an approved agent.  This introduction of online lodgement is in line with the Australian Government’s pre-election commitment. 
4. Indonesian passport holders previously could only apply online for a Visitor visa through the services of an agent in Indonesia who is a party to an agreement with the Department of Immigration and Border Protection that provided the agent use to an internet facility for offshore visitor visa applications.  The changes in this instrument ensure that from 18 November 2017, Indonesian passport holders can make online applications for a Visitor visa without the need to go through an approved agent.  The instrument preserves all other application arrangements specified in the previous instrument IMMI 17/076. 
5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary.  The instrument is of a minor or machinery nature and does not substantially alter existing arrangements. 
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 16837). 
7. 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.
8. The Instrument commences on 18 November 2017.