EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Subparagraph 1218(1)(b)(ii))

1. This Instrument is made under subparagraph 1218(1)(b)(ii) of the Migration Regulations 1994 (“the Regulations”).

2.                  Subparagraph 1218(1)(b)(ii) of the Regulations provides that internet applications for Tourist visas may be made if the applicant is in a class of persons specified in an instrument in writing for the purposes of this subparagraph.

3.                  The purpose of the Instrument is to specify which class of people are eligible to make an application for a Tourist visa (Subclass 676) via the internet.

4.                  The Instrument operates by specifying a class of persons: that is, people who are offshore, hold a passport issued by a country specified in the Instrument and who make an application through the services of an agent who is party to an agreement with the Department to use an internet facility for offshore tourist visa applications, and allowing them to make an application for a Tourist visa via the internet on form 48 (Internet) only.
 

5.                  Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.                  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.

7.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 15039).

8.                  The Instrument, IMMI 13/074, commences on 1 July 2013.