EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 18/014: Addresses for Applications for Parent Visas) Instrument 2018

Paragraphs 1124(3)(aa), 1130(3)(b) and 1221(3)(a)

1. Instrument IMMI 18/014 is made under paragraphs 1124(3)(aa), 1130(3)(b) and 1221(3)(a) of the Migration Regulations 1994 (the Regulations).
2. This instrument revokes IMMI 17/100 (F2017L01495) 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. IMMI 17/100 was a part of a new legislative scheme, which included new Regulations which were a Schedule to the Migration Legislation Amendment (2017 Measures No.4) Regulations 2017 (the Amending Regulations).  The Amending Regulations were disallowed, however, IMMI 17/100 was exempt from disallowance under section 10 of the Legislation (Exemptions and other Matters) Regulation 2015, and therefore, remained in force. Further, because the authorising provision for IMMI 17/100 was an existing provision in the Migration Regulations and was not disallowed, the instrument continues to be valid.  However, it was rendered ineffective in its operation as it was aligned to sections in the Amending Regulations which were disallowed.   
4. The instrument restores the requirements that were specified in instrument IMMI 09/046 which was the instrument revoked by IMMI 17/100.
5. The instrument operates to specify the relevant postal and courier addresses where an applicant is required to send an application for Parent visas; Class AX, Class CA and Class UT.  The specified places in the instrument are the same specified places set out in instrument IMMI 09/046.
6. The purpose of the instrument is to ensure that all postal and couriered applications for Parent visas are sent to a Ministerial specified place. 
7. 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. 
8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23250).
9. The Senior Executive Service, Band two, Visa and Citizenship Management Division was delegated the powers contained in paragraph 1124(3)(aa), paragraph 1130(3)(b) and paragraph 1221(3)(a) of Schedule 1 to the Regulations in Migration (Minister) (Instrument Making Powers) Delegation 2017, DEL 17/077, signed on 9 November 2017. 
10. 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.
11. This instrument, IMMI 18/014, commences the day after it is registered on the Federal Register of Legislation.