Overview

The Instrument of Revocation F2014L00997, enacted in 2014, addresses the need to update and streamline the specifications regarding health service providers and required health assessments in the context of the Migration Regulations 1994. This legislative instrument was made under subregulation 1.15AA(2) of the Regulations and revokes IMMI 07/013, which specifies a health service provider, and IMMI 13/114, which specifies required health assessments. The revocation is necessitated by the appointment of a new health service provider, rendering the previous specifications obsolete. The instrument was enacted by the relevant legislature in accordance with the Legislative Instruments Act 2003, and it was determined that consultation was not necessary as it is of a minor or machinery nature and does not substantially alter existing arrangements. This action ensures that the migration health requirements remain current and efficient.

Scope and Application

This Instrument is a revocation made under the Migration Regulations 1994, specifically targeting subregulation 1.15AA(2) and clauses 4005, 4006A, and 4007. The primary objective of this Instrument is to nullify IMMI 07/013, which designated a particular health service provider, and IMMI 13/114, which outlined the required health assessments. This revocation is necessitated by the appointment of a new health service provider, rendering the previous specifications obsolete. The Instrument does not require consultation as per subsection 18(1) of the Legislative Instruments Act 2003, given its minor nature and the fact that it does not significantly alter existing arrangements. Additionally, a Regulatory Impact Statement is deemed unnecessary by the Office of Best Practice Regulation. The revocation is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and thus, a Human Rights Statement of Compatibility is not required. The Instrument officially takes effect on 26 July 2014.

Key Provisions

The Instrument of Revocation made under the Migration Regulations 1994 (Regulations) revokes IMMI 07/013 and IMMI 13/114, which previously specified a health service provider and required health assessments respectively (subregulation 1.15AA(2) and clauses 4005, 4006A, and 4007). This revocation was deemed necessary due to the appointment of a new health service provider, rendering the previous instruments redundant (section 3). These revocations effectively nullify any ongoing requirements or obligations previously imposed by IMMI 07/013 and IMMI 13/114. In terms of obligations, the revocation releases any entities or individuals previously bound by the specific provisions of IMMI 07/013 and IMMI 13/114. These provisions would have typically mandated certain health assessments or designated specific health service providers for migration-related health assessments. With the revocation, there are no further obligations to comply with the now-nullified instruments. Instead, parties must align with the new health service provider as per the updated requirements. There are no specific offences, penalties, or consequences outlined in the Instrument for the breach of the revoked instruments. Given that the revocation is of a minor or machinery nature and does not substantially alter existing arrangements, it is not considered necessary to impose penalties for non-compliance with the revoked provisions (subsection 18(1) of the Legislative Instruments Act 2003). The primary focus of the revocation is to streamline and update the regulatory framework rather than enforce penalties.