EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Subparagraph 1236(2)(a)(iv))

1. This Instrument is made under subparagraph 1236(2)(a)(iv) of the Migration Regulations 1994 (‘the Regulations’) and provides that for an applicant, specified as a class of persons by the Minister in an instrument in writing, a nil visa application charge (VAC) will apply.
2. The purpose of the Instrument is to enable members of the family unit, defined in subregulation 1.12(1), or representatives approved by the Chinese Ministry of Foreign Affairs or approved by the Department of Immigration and Border Protection (‘the Department’) and Malaysian Airlines, of passengers on board Malaysian Airlines MH370 (aircraft registration number 9M-MRO) (‘the flight’) to travel to Australia without having to pay the visa application charge.
3. The Instrument operates to specify a nil visa application charge for persons who apply for a Subclass 600 (Tourist Stream) visa and:

• who are ‘members of the family unit’ of passengers and crew on board the flight; or
• representatives of passengers and crew on board the flight and are approved by the Chinese Ministry of Foreign Affairs; or
• family representatives of passengers and crew on board the flight and are approved by the Department and Malaysian Airlines, of passengers and crew on board Malaysian Airlines flight MH370.

4.                   Consultation was undertaken before the Instrument was made with the Department of Foreign Affairs and Trade and the Department of the Prime Minister and Cabinet.

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16802).

7. 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.

8. The Instrument commences the day after it is registered on the Federal Register of Legislative Instruments.