Overview

The Migration Regulations 1994, as amended by the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016, introduced the concept of a second Subclass 462 (Work and Holiday) visa to address labour shortages in northern Australia's tourism and agricultural sectors. This initiative was designed to incentivise Work and Holiday visa holders to engage in seasonal work in these areas, thereby supporting local industries and boosting regional tourism. The policy objective, as articulated in the Explanatory Statement, is to provide an opportunity for eligible visa holders to extend their stay and work in northern Australia, which is expected to meet both the labour demands of these sectors and encourage increased visitation to the region. The Department of Immigration and Border Protection collaborated with relevant stakeholders, including the Office of Northern Australia and the Tourist Visa Advisory Group, to develop this proposal, which was subsequently endorsed by the Office of Best Practice Regulation. The regulatory impact associated with this initiative is anticipated to be minor, primarily involving an increase in the number of Work and Holiday visa applications. According to the Short-Form Regulation Impact Statement, around one in five participants is expected to apply for a second visa, translating to approximately 2,000 additional applications annually. The associated regulatory cost is estimated at $29,000 per year, which is offset by a reduction in regulatory burden from the expansion of online visa lodgement services in China and India, amounting to a savings of $679,000 annually. This measure ensures that the new costs are fully offset, thereby maintaining a net reduction in regulatory burden.

Scope and Application

The Migration Regulations 1994, as amended by Instrument IMMI 16/097, specify the kinds of work and the areas of Australia applicable to an applicant seeking a second Subclass 462 (Work and Holiday) visa. This Instrument, made under regulation 1.15FA of the Regulations, aims to define the scope of specified Subclass 462 work, focusing on enabling applicants who have completed three months of work in tourism or agriculture in northern Australia to become eligible for a second Work and Holiday visa. This initiative is designed to support the tourism and agriculture sectors in northern Australia by providing a workforce to meet their seasonal labour demands. The Instrument applies to individuals who are applicants for a second Work and Holiday visa, thereby targeting foreign workers within the specified industries and regions. Geographically, the scope of the Instrument is confined to areas in northern Australia, as determined by the Regulations. The Instrument incorporates changes resulting from the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016, and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Key Provisions

The key provisions of the proposed Instrument, IMMI 16/097, pertain to the definition of specified Subclass 462 work under regulation 1.03 of the Migration Regulations 1994 (subsection 1.15FA). This Instrument aims to specify the kinds of work and areas of Australia applicable to an applicant seeking a second Subclass 462 (Work and Holiday) visa, particularly in the context of tourism and agriculture in northern Australia. This legislative change is a result of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016. Extensive consultation was undertaken with various stakeholders, including the Office of Northern Australia and the Tourist Visa Advisory Group, to ensure the relevance and effectiveness of these changes. The Instrument imposes specific obligations and requirements on individuals seeking a second Subclass 462 visa. Primarily, applicants must have completed at least three months of work in the specified sectors of tourism or agriculture in northern Australia. This work requirement aims to support the region's seasonal labour needs and enhance tourism visitation. The Instrument also mandates that applicants adhere to the conditions set forth in the Migration Regulations 1994, ensuring compliance with visa requirements and obligations during their stay in Australia. Breach of the conditions set by the Instrument may result in various consequences, including potential civil and criminal penalties. While the specific penalties are not detailed in the Explanatory Statement, breaches of the Migration Regulations 1994 can generally lead to visa cancellation, deportation, and bans from future visa applications. The severity of the penalties may depend on the nature and extent of the breach, with more serious violations potentially resulting in criminal charges and fines. Given that the Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, it does not require a Statement of Compatibility with Human Rights. The Regulatory Impact Statement prepared by the Office of Best Practice Regulation (OBPR) highlights that the proposal is expected to result in a relatively minor increase in regulatory burden, primarily due to an expected rise in the number of Work and Holiday visa applications. The estimated increase in regulatory costs is approximately $29,000 per annum, which is offset by a reduction in regulatory burden from the expansion of online lodgement for visitor visas in China and India, amounting to $679,000 per annum. This cost offset ensures that the net impact on regulatory burden is effectively managed and balanced.