EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Act 1958
Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment
(LIN 24/068) Instrument 2024
- The instrument Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024 is made under subregulation 2.07(5) and item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations 1994 (Migration Regulations).
- The instrument amends Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021 (LIN 21/056) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
- The instrument commences on 24 September 2024. The instrument is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
- Subregulation 2.07(5) of the Migration Regulations provides that, if an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may specify any of the following matters by legislative instrument:
- an approved form for making an application for a visa of a specified class;
- the way in which an application for a visa of a specified class must be made;
- the place at which an application for a visa of a specified class must be made;
- any other matter.
- Item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations provides that an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status (ADS) stream must be intending to travel to Australia as a member of a travel agent specified by the Minister in writing for this item.
- This instrument provides an updated table of ADS-approved travel agents in China. The travel agents listed in the table are authorised under the ADS stream to organise tours to Australia for eligible citizens from the People’s Republic of China.
Consultation
- Consultation was undertaken with key government stakeholders, including Austrade, the Department of Foreign Affairs and Trade, Tourism Australia and the Australian Consulate-General of Guangzhou.
- The Office of Impact Analysis (OIA) was consulted and considered that the measures in this instrument were unlikely to have more than a minor impact and therefore an Impact Analysis was not required. The OIA reference number is OIA24-07984.
Details of the instrument
- Section 1 of the instrument provides that the name of the instrument is the Migration
(LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024. - Section 2 of the instrument provides that the instrument commences on 24 September 2024.
- Section 3 of the instrument provides that the instrument is made under subregulation 2.07(5) of the Migration Regulations and item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations.
- Section 4 of the instrument provides that each instrument mentioned in Schedule 1 to the instrument is amended as set out in the applicable item in the Schedule.
- Item 1 of Schedule 1 to the instrument amends Schedule 1 to LIN 21/056 by substituting a new table of ADS-approved travel agents in China for the purpose of item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations.
Parliamentary scrutiny
- The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Part 2 of, or Schedule 1 to the Migration Regulations is exempt from disallowance under subitem 20(b) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
- As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
- The instrument is made by a delegate of the Minister, in accordance with the following provisions of the Migration Regulations:
- subregulation 2.07(5); and
- item 3 of the table in subitem 1236(6).
Overview
The Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024, enacted by the Minister for Immigration, Citizenship and Multicultural Affairs under the Migration Regulations 1994, updates the list of Approved Destination Status (ADS) travel agents in China authorised to organise tours to Australia for eligible Chinese citizens. This legislative instrument aims to address the need for an updated list of ADS-approved travel agents in China to ensure the smooth facilitation of visitor visa applications under the Subclass 600 (Visitor) visa in the ADS stream. The instrument amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021 to reflect the current approved travel agents, thereby maintaining the integrity of the ADS framework. The policy objective is to streamline and regulate the process of visa applications for visitors from China, ensuring compliance with the necessary criteria and requirements.
Scope and Application
The Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024 amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021 to update the list of approved travel agents in China who are authorised to organise tours to Australia for eligible citizens from the People's Republic of China. This amendment is made under subregulation 2.07(5) and item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations 1994. The purpose of the instrument is to ensure that the list of approved travel agents remains current and aligned with the requirements set out in the Migration Regulations, thereby facilitating the application process for visitors from China under the Approved Destination Status (ADS) stream. The instrument applies to the travel agents listed in the updated table and to applicants seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa through these agents. The instrument's geographic reach is specifically related to travel agents operating in China, with the intent that they organise tours to Australia. It does not extend beyond these parameters, and there are no stated exclusions, exemptions, or thresholds within the instrument itself, though such details are governed by the broader Migration Regulations. The instrument commences on 24 September 2024 and is exempt from disallowance under the Legislation Act.
Key Provisions
The Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024 amends the Migration (Arrangements for Visitor (Class FA) visa applications) Instrument 2021. This amendment, under subsection 33(3) of the Acts Interpretation Act 1901, updates the list of approved travel agents in China for the Approved Destination Status (ADS) stream, which allows eligible citizens from the People’s Republic of China to travel to Australia. The instrument, made under subregulation 2.07(5) of the Migration Regulations, specifies that applicants must be travelling as members of a travel agent approved by the Minister in writing. This amendment is scheduled to commence on 24 September 2024.
The amended instrument imposes specific obligations on travel agents approved under the ADS stream. These agents must be authorised by the Minister and must ensure that the applicants they organise tours for are eligible citizens from China intending to travel to Australia. The agents must adhere to the criteria set forth by the Migration Regulations, including ensuring the primary criteria for a Subclass 600 (Visitor) visa are met. Furthermore, travel agents must comply with the updated requirements and criteria specified in the amended instrument.
There are no specific offences or penalties outlined in the instrument itself. However, the broader Migration Act 1958 provides for various civil and criminal penalties for breaches of visa requirements. Civil penalties can include fines up to a certain amount, while criminal penalties can include imprisonment for up to two years or fines up to a certain amount, depending on the severity of the breach. Additionally, the instrument is exempt from disallowance under section 42 of the Legislation Act, which means that it does not require a Statement of Compatibility with Human Rights. The instrument is made by a delegate of the Minister, in accordance with the provisions of the Migration Regulations.