EXPLANATORY STATEMENT

Migration Regulations 1994

CLASSES OF PERSONS

(Subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii))

1. This Instrument is made under subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. Subparagraph 1236(1)(a)(ii) of the Regulations provides that, if internet applications are made for a subclass 600 (Visitor) visa in the Tourist stream, the applicant must be in a class of persons specified in an instrument in writing for the purposes of this subparagraph.
3. Subparagraph 1236(1)(b)(ii) of the Regulations provides that if internet applications are made for a subclass 600 (Visitor) visa in the Sponsored Family stream, the applicant must be  in a class of persons specified in an instrument in writing for the purposes of this subparagraph.
4. Subparagraph 1236(1)(c)(ii) of the Regulations provides that if internet applications are made for a subclass 600 (Visitor) visa in the Business Visitor stream, the applicant must be in a class of persons specified in an instrument in writing for the purposes of this subparagraph.
5. The purpose of the Instrument is to allow the Minister to specify which classes of people are eligible to make an application via the internet for a subclass 600 (Visitor) visa in the Tourist, Sponsored Family or Business visitor stream.
6. The Instrument operates by specifying classes of persons who are eligible to make an application for a subclass 600 (Visitor) visa via the internet on form 1419 (Internet).  Schedule 7 to this Instrument provides online access to passport holders of Nauru who apply outside Australia for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family or Business Visitor stream.
7. Persons who do not fall into a class specified in the Instrument are not able to lodge a valid application for a subclass 600 (Visitor) visa on form 1419 (Internet).
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 15258).
10. 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.

11. This Instrument, IMMI 13/103, commences on 20 September 2013.