EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS
(Paragraph 1231(1)(a))
- This Instrument is made under paragraph 1231(1)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1231(1)(a) of the Regulations provides that Internet applications for a Subclass 400 (Temporary Work (Short Stay Activity)) visa may be made if, and only if, the applicant is in a class of persons specified by the Minister in writing for this paragraph.
3. The purpose of the Instrument is to specify certain passport holders who are eligible to apply for a Subclass 400 visa using the online 1400 (Internet) form.
4. The Instrument operates by specifying classes of persons who are eligible to make an application for a Subclass 400 visa via the Internet using form 1400 (Internet). These classes of persons are defined as holders of specified passports. Persons who do not fall into a class specified in the Instrument are not able to lodge a valid application for a Subclass 400 visa using form 1400 (Internet).
5. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735). The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4). The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No.4).
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, IMMI 13/012, commences on 1 July 2013.