EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF ADDRESSES FOR INVESTMENT RETIREMENT VISAS
PARAGRAPH 1212B(3)(a))
- This Instrument is made under paragraph 1212B(3)(a) of the Migration Act 1994 (‘the Regulations’).
2. Paragraph 1212B(3)(a) Regulations provides that an application for an Investment Retirement Visa (Class UY) must be made by (i) posting the application to the post office box address specified in a Gazette Notice for this subparagraph, or (ii) having the application delivered by a courier service or otherwise hand-delivered, to the address specified in a Gazette Notice for this subparagraph..
3. The purpose of the Instrument is to specify the addresses for lodgement of applications for an Investment Retirement Visa (Class UY).
4. The instrument operates to amend the existing address to reflect the new location of the office in Perth.
5. Pursuant to section 18 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. This instrument IMMI 09/050 commences on 25 May 2009.
Overview
The Migration Regulations 1994, as amended by the instrument F2009L02057, address the need to specify the addresses for the lodgement of applications for an Investment Retirement Visa (Class UY). This legislative instrument was enacted to update the physical addresses where such applications must be posted or delivered, reflecting administrative changes such as the relocation of relevant offices. The amendment was made under the authority of paragraph 1212B(3)(a) of the Migration Act 1994, with the specific objective of ensuring that applicants are aware of the correct addresses for submitting their applications. The enacting body responsible for this instrument is the relevant authority under the Migration Act 1994, and it was implemented to streamline the application process by providing clear and updated contact information for visa applications. The instrument, which took effect on 25 May 2009, does not require consultation as it is considered minor and does not significantly alter existing arrangements.
Scope and Application
The Migration Regulations 1994, as specified by the instrument F2009L02057, apply to any individual or entity seeking to lodge an application for an Investment Retirement Visa (Class UY). This includes applicants who must either post their application to the designated post office box address or deliver it to the specified address in Perth by courier or hand-delivery. The specified addresses are updated through Gazette Notices and are critical for the formal submission of visa applications under this category. The geographic reach of this regulation is limited to Australia, specifically targeting the application process within the country's jurisdiction. The instrument, which is of a minor nature and does not substantially alter existing arrangements, was made under the authority of the Migration Act 1994 and commenced on 25 May 2009. Notably, this regulation does not include exemptions or exclusions, and its application is streamlined through specified addresses without the need for consultation as per the Legislative Instruments Act 2003.
Key Provisions
The Migration Regulations 1994, as amended by the instrument IMMI 09/050, specify the addresses for the lodgement of applications for an Investment Retirement Visa (Class UY) under paragraph 1212B(3)(a) of the Migration Act 1994. According to these regulations, an application for this visa must either be posted to the designated post office box address or delivered in person to the specified address, both of which are detailed in a Gazette Notice. The regulation aims to provide clear instructions on how applicants should submit their visa applications, ensuring they reach the correct office for processing.
Entities and individuals applying for an Investment Retirement Visa must adhere to the specified lodgement methods outlined in the regulations. They must ensure that their applications are either posted to the correct post office box address or physically delivered to the address listed in the Gazette Notice. Failure to comply with these requirements may result in delays or rejections in the processing of their visa applications.
Breaching the specified lodgement requirements for an Investment Retirement Visa application may result in administrative issues, such as delays in processing or outright rejection of the application. Although the explanatory statement does not detail specific civil or criminal penalties, it is implied that non-compliance could lead to such consequences, as the regulations are designed to ensure proper handling and processing of visa applications.
The instrument IMMI 09/050, which came into effect on 25 May 2009, serves to update the addresses for lodgement of Investment Retirement Visa applications to reflect the new location of the office in Perth. This change was implemented without the need for consultation as it was deemed minor and of a machinery nature, not substantially altering the existing arrangements. This update ensures that applicants have the most current information regarding where to submit their applications.