Overview

The explanatory statement relates to the Migration Regulations 1994, which were enacted to provide a comprehensive regulatory framework for the administration of Australia's migration laws. This particular instrument, made in 2014, was introduced to address the need for updating the specified addresses for the submission of applications for Business Skills (Provisional) (Class UR) visas. The instrument revokes the previous specification of addresses, IMMI 13/038, to ensure that the application process remains current and efficient. The enacting body for this instrument is the legislative framework provided by the Legislative Instruments Act 2003, which allows for the making of minor amendments without the need for extensive consultation or regulatory impact assessments. The policy objective of this update is to streamline the application process by providing accurate and current addresses for the submission of visa applications, ensuring that applicants can easily and effectively navigate the requirements of the migration regulations.

Scope and Application

The Explanatory Statement outlines a legislative instrument made under the Migration Regulations 1994, which specifically addresses the revocation of an earlier instrument concerning the specification of addresses for applications for Business Skills (Provisional) (Class UR) visas. This current instrument amends the addresses relevant to where an application should be made by courier or by post. It is pertinent to note that the legislative instrument does not require consultation as stipulated in subsection 18(1) of the Legislative Instruments Act 2003, given its minor and machinery nature, which does not substantially alter existing arrangements. Furthermore, the instrument is exempt from disallowance under section 44 of the same act, thereby negating the need for a Human Rights Statement of Compatibility. The Office of Best Practice Regulation has also indicated that a Regulatory Impact Statement is unnecessary. This instrument, numbered IMMI 14/065, officially commences on 28 July 2014.

Key Provisions

The main operative sections of this legislation are found within the explanatory statement of the Instrument, particularly in paragraphs 2 to 8. The primary purpose of this Instrument is to specify the addresses for applications for Business Skills (Provisional) (Class UR) visas (paragraph 3). This Instrument revokes the previous Instrument IMMI 13/038 Specification of Addresses [F2013L00633] (paragraph 2), thereby updating the addresses relevant for submission of applications by courier or by post (paragraph 4). This amendment is made under the authority of paragraph 1202A(3)(a) of Schedule 1 to the Migration Regulations 1994 (paragraph 1). The Instrument, numbered IMMI 14/065, is effective from 28 July 2014 (paragraph 8). In terms of obligations and requirements, this Instrument imposes specific procedural guidelines for applicants seeking a Business Skills (Provisional) (Class UR) visa. It mandates that all applications must be submitted to the newly specified addresses, as outlined in the Instrument. This requirement applies regardless of whether the application is being lodged by courier or by post. The Instrument provides clarity on the exact addresses that should be used, ensuring that applications are directed to the correct locations within the Department of Home Affairs or its designated agents. The legislation does not explicitly detail offences or penalties for non-compliance with these provisions. However, it is implicit that failure to adhere to the specified submission addresses could result in administrative complications, delays, or potential rejection of the application. The absence of explicit penalties suggests that the primary consequence of non-compliance would be procedural, rather than punitive, with the application potentially being returned or delayed due to incorrect address usage. It is noteworthy that this Instrument was created under the authority of the Legislative Instruments Act 2003. The Act exempts this Instrument from disallowance (paragraph 6), and it is considered a minor or machinery nature (paragraph 5), indicating that it does not substantially alter existing arrangements. Consequently, a Human Rights Statement of Compatibility is not required, and consultation was deemed unnecessary (paragraph 5). Furthermore, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (paragraph 7). This procedural efficiency ensures that the Instrument can be enacted swiftly to update the administrative framework without extensive regulatory scrutiny.