EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and paragraph 417.211(3)(b) of Schedule 2 of the Migration Regulations 1994 (‘the Regulations’).
2. Section 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Paragraph 417.211(3)(b) of Schedule 2 of the Regulations provides that to make an application for a Working Holiday visa, the applicant is a member of a class of persons specified by Gazette Notice. This paragraph also provides that the application may only be made in the foreign country specified in the Gazette Notice for that class of persons.
4. The purpose of the Instrument is to specify the class of persons eligible to apply for a Working Holiday visa..
5. The instrument operates to list the foreign countries Australia has a reciprocal Working Holiday agreement with. A citizen of a country listed in the Gazette Notice is considered to be member of a class of persons and therefore eligible to apply for a Working Holiday visa if, and only if, they hold one of the passports listed in the schedule and meet the conditions, if any, attached to that passport. People who do not hold one of the kinds of passports listed in the schedule, or hold a type of passport listed in the schedule but do not meet the conditions attached to that passport, are not eligible to apply for a Working Holiday visa.
6. This instrument does not substantially alter existing arrangements. As such consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003).
7. The instrument commences on 1 July 2005.