Overview

The Migration Regulations 1994, as amended by the Instrument IMMI 14/068 (F2014L01279), aim to address the need for updating the specified addresses for the lodgement of applications for an Investor Retirement (Class UY) visa. This revision was necessitated to ensure clarity and accuracy in the processing of visa applications by amending the addresses in Western Australia to reflect those in Tasmania, while maintaining the existing addresses in Western Australia to uphold the validity of any applications sent to those locations. The enacting body for this instrument is the Australian Government, pursuant to the authority granted under paragraph 1212B(3)(a) of the Migration Regulations 1994. Given the nature of the change, which does not substantially alter existing arrangements and is of a minor or machinery nature, no consultation was deemed necessary under section 18(1) of the Legislative Instruments Act 2003. Additionally, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required for this instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument IMMI 14/068, pertain specifically to the addresses designated for the submission of applications for an Investor Retirement (Class UY) visa. This legislative instrument revokes the previous directive, IMMI 09/050, to update the addresses to which such applications should be directed, reflecting changes in the specified locations for Tasmania while retaining the addresses for Western Australia to ensure continuity for any applications already in transit or submitted prior to the change. The scope of this Act applies to individuals seeking to lodge applications for the specified visa class, and it operates within the jurisdictional boundaries of the Commonwealth of Australia. The Act is crafted to streamline the application process by ensuring clarity on where to submit relevant paperwork, thereby facilitating the administration of visa applications under the Migration Regulations. There are no exclusions or exemptions noted within the text of this instrument, and its application is specific to the amendment of address details for the designated visa applications.

Key Provisions

The key provision of this Instrument, F2014L01279, relates to the specification of addresses for the lodgement of applications for an Investor Retirement (Class UY) visa, as stated in the Explanatory Statement (paragraph 2). This legislative instrument revokes the previous address specifications outlined in Instrument IMMI 09/050 (F2009L02057) and updates the addresses in Western Australia to reflect new locations in Tasmania. It is important to note that the addresses in Western Australia have been retained to ensure that any applications sent to these locations remain valid (paragraph 3). The Instrument imposes certain obligations and requirements on the parties involved. For instance, applicants for the Investor Retirement (Class UY) visa must ensure that their applications are sent to the correct specified address in order to be processed. This includes adhering to the new address specifications in Tasmania and retaining the old addresses in Western Australia for any applications sent there. The Instrument also specifies that these changes are effective from 6 October 2014 (paragraph 7). There are no explicit offences or penalties mentioned within the Explanatory Statement for breaches of this Instrument. However, it is implied that failure to adhere to the correct address specifications may result in delays or rejections in the processing of visa applications. While the specific consequences of such breaches are not detailed in the Explanatory Statement, it is reasonable to infer that incorrect address submissions could lead to administrative complications or rejections of applications. Moreover, the Instrument is of a minor or machinery nature, as stated in paragraph 4 of the Explanatory Statement, and does not substantially alter existing arrangements. As such, no consultation was necessary under section 18(1) of the Legislative Instruments Act 2003. Additionally, a Regulatory Impact Statement is not required, as advised by the Office of Best Practice Regulation (paragraph 5). Furthermore, under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance, and therefore, a Statement of Compatibility with Human Rights is not required (paragraph 6).