EXPLANATORY STATEMENT

Migration Act 1958

MIGRATION (IMMI 18/046: DETERMINATION OF DESIGNATED MIGRATION LAW) INSTRUMENT 2018

(Paragraph 495A(3)(b))

1. Instrument IMMI 18/046 is made under paragraph 495A(3)(b) of the Migration Act 1958 (the Act).
2. The instrument revokes IMMI 07/091 – Designated Migration Law (F2007L04440) 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. Section 495A of the Act provides, that the Minister may arrange for the use, under the Minister’s control, of computer programs for any purpose for which the Minister may, or must, under the designated migration law make a decision; or exercise any power, or comply with any obligation; or do anything else related to making a decision, exercising a power, or complying with an obligation.  This instrument operates for the Minister to determine that a provision of the Act, Subdivision AF of Division 3 of Part 2, to be part of the designated migration law.
4. The instrument being revoked IMMI 07/091 – Designated Migration Law (F2007L04440), was due to sunset on the 1 April 2018.  The purpose of the Instrument is to ensure that Subdivision AF of Division 3 of Part 2 of the Act remains part of the designated migration law by revoking IMMI 17/091 and replacing it with IMMI 18/046.
5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary.  This instrument is of a minor or machinery nature as the instrument does not alter existing arrangements of the previous instrument
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23523).
7. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument which is made under Part 9 of the Act is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument commences on the day after it is registered on the Federal Register of Legislation.