EXPLANATORY STATEMENT

Acts Interpretation Act 1901

INSTRUMENT OF REVOCATION 2016/038

(Subsection 33(3))

1. Instrument IMMI 16/038 is made under subsection 33(3) of the Acts Interpretation Act 1901 (the Act)
2. The Instrument 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. revokes the following instruments:
   1. IMMI 14/017 (F2014L00321), Classes of Persons, signed on 16 March 2014;
   2. IMMI 14/045 (F2014L00756), Classes of Persons, signed on 13 June 2014;
   3. IMMI 14/046 (F2014L00757), Classes of Persons, signed on 13 June 2014; and
   4. IMMI 14/067 (F2014L01028) signed on 13 June 2014 .
3. The purpose of the Instrument is to revoke instruments which are no longer required because on 16 June 2015, the Australian Government released the Future Directions for Streamlined Visa Processing report and announced that it would implement the report’s eight recommendations; including a simplified student visa framework based on two of the key recommendations:

1. reduce the number of student visa subclasses from eight to two; and
2. implement a new combined country and provider immigration risk framework to guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors..

4.             In accordance with section 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

5.             The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).

6.             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.

7.             The Instrument, IMMI 16/038, commences on 1 July 2016.