EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS 2016/032

(Sub-subparagraph 1234(2)(a)(v)(A))

1. Instrument IMMI 16/032 is made under sub-subparagraph 1234(2)(a)(v)(A) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 13/080 (F2015L00562) under 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. The operation of the Instrument is for the Minister to specify that a person seeking to make a valid application for a Temporary Work (International Relations) (Class GD) visa and that person belongs to a specified class of person consisting of either a Fulbright Scholar of the United States of America; or a participant of the Pacific Microstates – Northern Australia Worker Pilot Programme, that person has a nil first instalment of the Visa Application Charge (VAC).
4. The purpose of the Instrument is to add a class of person being participants of the Pacific Microstates – Northern Australian Workers Pilot Programme who have a nil first instalment of the VAC.
5. Consultation was undertaken with the Department of Foreign Affairs and Trade, and the Department of Employment before the Instrument was made.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20558)
7. The Senior Executive Service, Band one, Temporary Visa Programme Branch of the Visa and Citizenship Management Division within the Department was delegated the powers contained in Schedule 1, paragraph 1234(2)(a) of the Regulations in Instrument of Delegation 2016/013, DEL 16/013, signed on 18 March 2016.
8. 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.
9. The Instrument commences on 1 May 2016.