EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Paragraphs 1218(1)(a)(ii) and 1218(1)(b)(ii))

1. This Instrument is made under paragraph 1218(1)(a)(ii) and 1218(1)(b)(ii) of the Migration Regulations 1994 (“the Regulations”).

2.                  Subparagraphs 1218(1)(a)(ii) and 1218(1)(b)(ii) of the Regulations provide that internet applications for Tourist visas may be made if the applicant is in a class of persons specified in an instrument in writing for the purposes of these paragraphs.

3.                  The purpose of the Instrument is to specify which classes of people are eligible to make an application for a Tourist visa (Subclass 676) via the internet.

4.                  The Instrument operates by specifying a class of persons, who are eligible offshore, to make an application for a Tourist visa via the internet on form 48 (Internet) only. It also specifies a class of persons, who are eligible onshore, to make an application for a Tourist visa via the internet on form 601E (Internet) only.

5.                  Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

7.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 12254).

8.                  The Instrument, IMMI 13/006, commences on 23 March 2013 immediately after the commencement of the Migration Amendment Regulation (No. 1).