EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and paragraph 676.214(a)of the Migration Regulations 1994 (‘the Regulations’) .
2. Section 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
Clause 676.214 of the Regulations relevantly provides if an application is made by a citizen of the PRC mentioned in subparagraph 1218(1)(b) in Schedule 1, to the Regulations, the applicant must be a resident of an area in PRC specified by Gazette Notice, for the purposes of paragraph 676.214(a).
3. The purpose of the Instrument is to specify provinces and municipalities in the People’s Republic of China for the purpose of the Approved Destination Status (ADS) scheme. A Chinese citizen must be a resident of one of the specified provinces or municipalities in order to be eligible to apply for a Tourist visa to travel to Australia as part of an ADS tour group.
4. The instrument operates to facilitate the travel of Chinese tour groups to Australia under the ADS scheme. In order to be eligible to apply for travel to Australia as part of a tour group under the ADS scheme, a Chinese citizen must be a resident of one of the municipalities or provinces listed in the Gazette Notice. A Chinese citizen who is not a resident of one of the municipalities or provinces specified by the Gazette Notice is not eligible to apply for a Tourist visa as part of the ADS scheme.
5. This instrument reflects a technical change to the Regulations and does not substantially alter existing arrangements. As such consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003).
6. The instrument commences on 1 July 2005.
Overview
The Migration Regulations 1994, as amended by the instrument F2005L01627, were enacted to address the need for specifying certain regions within the People's Republic of China (PRC) for the purposes of the Approved Destination Status (ADS) scheme. This instrument, made under the authority of regulation 1.17 and clause 676.214(a) of the Regulations, serves to clarify which provinces and municipalities in China are eligible for the ADS, which allows Chinese citizens to travel to Australia as part of a tour group. The policy objective is to streamline and facilitate the travel of approved Chinese tour groups to Australia by ensuring that only those who are residents of the specified regions can apply for a Tourist visa under the ADS scheme. This legislative instrument was deemed a technical adjustment that did not require consultation, as it did not substantially alter existing arrangements, and it commenced on 1 July 2005.
Scope and Application
The Migration Regulations 1994, as specified in this Notice, apply to citizens of the People's Republic of China who wish to apply for a Tourist visa to travel to Australia as part of an Approved Destination Status (ADS) tour group. The instrument delineates particular municipalities and provinces within the PRC whose residents are eligible to apply for such visas, effectively establishing a geographic criterion for eligibility under the ADS scheme. The scope of the Notice is technical, specifying which regions' residents can partake in the ADS scheme without necessitating broader consultation, as the changes do not substantially alter existing arrangements. The Notice commenced on 1 July 2005, and any Chinese citizen not residing in the specified municipalities or provinces is ineligible to apply for a Tourist visa under the ADS scheme. The application of the Notice is confined to the criteria for eligibility within the PRC for the purpose of facilitating the travel of Chinese tour groups to Australia.
Key Provisions
The primary sections of the Migration Regulations 1994, as modified by this Notice, require that Chinese citizens intending to travel to Australia as part of an Approved Destination Status (ADS) tour group must reside in specified provinces or municipalities within the People’s Republic of China (PRC). Specifically, section 1.17 allows the Minister to specify such matters through a Gazette Notice, while section 676.214(a) mandates that the applicant must be a resident of the area specified by the Notice to be eligible for a tourist visa. These sections ensure that the criteria for residency are clearly defined and published, providing transparency and consistency in the application process.
The Act imposes specific obligations on both the applicants and the Australian authorities. For applicants, the key requirement is to be a resident of one of the specified provinces or municipalities in the PRC, as listed in the Gazette Notice. This residency requirement is a prerequisite for eligibility to apply for a Tourist visa under the ADS scheme. For the Australian authorities, the obligation is to publish the list of eligible provinces and municipalities in an official Gazette Notice, ensuring that all stakeholders are aware of the updated criteria. This transparency aids in the administration of the visa process and helps maintain the integrity of the ADS scheme.
Breach of the residency requirement outlined in the Notice can result in severe consequences for the applicants. If a Chinese citizen who is not a resident of one of the specified areas attempts to apply for a Tourist visa under the ADS scheme, their application will be ineligible. While the Notice does not explicitly state civil or criminal penalties for such breaches, it is implied that the failure to meet the residency requirement disqualifies the application. This means that applicants who do not meet the residency criteria will not be granted a Tourist visa, effectively barring their travel to Australia as part of an ADS tour group. The consequences are thus administrative rather than penal, focusing on eligibility and compliance with the scheme’s conditions.