EXPLANATORY STATEMENT

Migration Regulations 1994

(Schedule 4, Part 3, Clause 3.1)

AUSTRALIAN VALUES STATEMENT FOR PUBLIC INTEREST CRITERION 4019

1. This Instrument is made under Clause 3.1 of Part 3 to Schedule 4 of the Migration Regulations 1994 (‘the Regulations’).
    
2. This Instrument revokes Instrument number IMMI 12/016 signed on 12 June 2012. The amendment is necessary to include new Temporary Work visas in the instrument.
    
3. Clause 3.1 of Part 3 to Schedule 4 of the Regulations provides that for public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument. The Instrument includes visas included in the SkillSelect online system.

4.                  The purpose of the Instrument is to specify the wording of a statement that an applicant must sign, to meet the requirements of public interest criterion 4019.  This includes provisions relating to:

• values that are important to Australian society;
• matters concerning Australian citizenship (if relevant); and
• compliance with the laws of Australia.

5.                  The Instrument operates to specify, for each visa subclass, the required wording of the values statement.  This includes specifying which visa subclasses require a statement that includes provisions relating to matters concerning Australian citizenship. 

6.                   Consultation was unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7.                   The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735).  The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4).  The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4).

8.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

9.                   This Instrument number IMMI 12/081, commences on 24 November 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 4).