EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR VISITOR VISA APPLICATIONS 2015
(Item 1236)
- This Instrument is made under subregulation 2.07(5) for item 1236 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes Instrument number IMMI 13/002 [F2013L00505] signed on 18 March 2013, Instrument number IMMI 14/104 [F2014L01524] signed on
10 November 2014, Instrument number IMMI 14/105 [F2014L01528] signed on
10 November 2014, and Instrument number IMMI 15/007 [F2014L01600] signed on 19 November 2014.
3. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any Instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such Instrument.
4. The purpose of the Instrument is to specify the form numbers of the approved form or forms by which a valid application for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family, Business Visitor or Approved Destination Status stream may be made. It also specifies the manner and location of lodgement for visa applications.
5. The Instrument operates by specifying forms by which eligible classes of persons are to make an application for a Subclass 600 (Visitor) visa, in particular which classes of applicants may lodge an application by Internet (using form 1419 (Internet)). In particular the instrument adds holders of passports issued by Bangladesh, Nepal, Sri Lanka and the Palestinian Authority to the list of passport holders able to lodge Internet applications. India is also added to the list of countries whose passport holders may lodge by Internet through an agent who is party to an agreement with Immigration.
6. The Instrument also operates to specify the manner in which a person may make an application using the paper based form. The application on the paper form may be made by lodging the application using the specified postal address or by using the specified street address for courier service for applicants for a Subclass 600 (Visitor) visa in the Sponsored Family stream.
7. In addition, the Instrument operates to specify, for the purposes of Item 3 of the table in subitem 1236(6) of Schedule 1 to the Regulations, People’s Republic of China (PRC) travel agents who are approved to organise tours for PRC applicants from approved areas, who are eligible to make a Visitor (Class FA) visa application under the Approved Destination Status (ADS) scheme. Approved PRC travel agents are required to undertake business with Australian travel agents, who are approved to escort PRC tour groups who travel to Australia under the ADS scheme.
8. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
9. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
10. 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.
11. This Instrument, IMMI 15/043, commences on 18 April 2015.