Overview

The F2012L02215 Instrument, made under the Migration Regulations 1994, was enacted in 2012 to address the need for clarity and specificity in the criteria for granting a Subclass 403 (Temporary Work (International Relations)) visa. This was achieved by specifying which agreements or arrangements do not qualify as relevant agreements for the purposes of the Government Agreement stream of the International Relations visa. This Instrument was introduced as part of the broader Visa Simplification and Deregulation project, aiming to streamline visa processes and make them more accessible. The enacting body for this legislation is the Minister, who exercises the power granted by paragraph 403.111(d) of Schedule 1 of the Migration Regulations 1994. The policy objective is to provide a clear framework for the issuance of Subclass 403 visas, ensuring they align with the intended scope of the International Relations stream.

Scope and Application

The Migration Regulations 1994, as specified in instrument F2012L02215, apply to the subclass 403 visa, which is a temporary work visa for international relations purposes. This subclass replaces the previous subclass 406 and is part of the Visa Simplification and Deregulation project. The instrument specifies agreements or arrangements that are not considered relevant for the purposes of granting a Subclass 403 visa, thereby clarifying the scope of such agreements under the new subclass. This legislative instrument is applicable across Australia, governing the conduct and transactions related to international relations agreements for visa applicants. The instrument exempts itself from disallowance under section 44 of the Legislative Instruments Act 2003 and commenced on 24 November 2012, aligning with the broader legislative changes introduced by the Migration Amendment Regulation 2012 (No. 4). The instrument does not require consultation as it is deemed minor or of a machinery nature, and a Regulation Impact Statement has been tabled and registered in relation to the Visa Simplification and Deregulation project.

Key Provisions

The main operative sections of this legislation (F2012L02215) specify certain agreements or arrangements that do not qualify as relevant agreements for the purposes of the Government Agreement stream of the International Relations Visa under the Migration Regulations 1994 (paragraph 403.111(d)). This is achieved by clarifying that certain agreements or arrangements are not relevant for the issuance of a Subclass 403 (Temporary Work (International Relations)) visa, which replaces the previous Subclass 406. This change is part of the Visa Simplification and Deregulation project, aiming to streamline and simplify the visa process. This legislation imposes specific obligations on the entities and parties involved in the visa application process. It clarifies what types of agreements or arrangements are not considered relevant for the issuance of the Subclass 403 visa. This clarification helps in ensuring that only the appropriate agreements or arrangements are considered for the purposes of the Government Agreement stream. The specified agreements or arrangements were previously defined under paragraph 406.111(d), but have been updated to align with the new Subclass 403 visa under paragraph 403.111(d). Any breaches of the specified provisions under this legislation may lead to civil or criminal consequences. However, the explanatory statement does not detail specific offences, penalties, or consequences for breach. It is important to note that the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. Additionally, pursuant to subsection 18(1) of the Legislative Instruments Act 2003, consultation was not necessary for this Instrument. The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required, and the RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4). Furthermore, the Instrument is exempt from disallowance, and therefore, a Human Rights Statement of Compatibility is not required.