EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 20/237: Health Waiver for Participating States and Territories) Instrument 2020

(clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2)

1. The instrument, LIN 20/237, is made under clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 (the Regulations), as in force immediately before 1 July 2013.
2. In accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA), the instrument repeals the Health Waiver – Participating States and Territories Instrument (IMMI 10/064). 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the States and Territories which have agreed to participate in the health waiver scheme for the purposes of the now repealed clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations (as they existed before 1 July 2013).
4. The purpose of the instrument is to remake IMMI 10/064, which is due to sunset on 1 October 2020. There have been no changes to the specified States and Territories from those specified in IMMI 10/064.
5. The instrument is made for the purposes of the Subclass 846 (State/Territory Sponsored Regional Established Business in Australia) visa, the Subclass 855 (Labour Agreement) visa, the Subclass 856 (Employer Nomination Scheme) visa and the Subclass 857 (Regional Sponsored Migration Scheme) visa. These visas have been closed to new applicants since 1 July 2013. However, on 1 July 2013, Schedule 2 to the Regulations was amended and the amendments applied to visa applications in these subclasses of visas made on or after 1 July 2013. The effect of the amendments is that the Regulations as they existed prior 1 July 2013 continue to apply to visa applications made before 1 July 2013.
6. IMMI 10/064 was in force in respect of pre 1 July 2013 applications, but is due to sunset on 1 October 2020 in accordance with the Legislation Act 2003. The purpose of this instrument is to make a new instrument in identical form, so at all times there is an instrument in place for the purposes of processing any pre 1 July 2013 visa applications in the aforementioned visa subclasses.
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 43099).
9. Under paragraph (a) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulations 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The instrument commences on the day after registration on the Federal Register of Legislation.