EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (LIN 18/090: ARRANGEMENTS FOR MEDICAL TREATMENT (VISITOR) (CLASS UB) VISA APPLICATIONS) INSTRUMENT 2018

(Subregulation 2.07(5) of Schedule 1)

1. Instrument LIN 18/090 is made under subregulation 2.07(5) of Schedule 1 of the Migration Regulations 1994 (the Regulations).
2. The instrument repeals IMMI 15/037 (F2015L00558) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that 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 to specify the approved form, the manner of lodgement and the place to which an application must be made for an application for a Medical Treatment (Visitor) (Class UB) visa to be valid.
4. The purpose of the instrument is to update the approved place and manner for Medical Treatment (Visitor) (Class UB) visa applications. The postal address and address for courier delivery were amended to addresses in Queensland, and the fax number was removed, and replaced with an email address. The Department’s name has also been updated from the Department of Immigration and Border Protection to the Department of Home Affairs to reflect the new name of the Department.
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 23757).
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 the day after it is registered on the Federal Register of Legislation.