Overview

The Explanatory Statement outlines a legislative instrument, IMMI 07/011, made under the Migration Regulations 1994. This instrument was enacted to address the need for specific regulations regarding internet applications for tourist visas. The purpose of IMMI 07/011 is to allow the Minister for Immigration and Citizenship to specify classes of persons eligible to apply for Tourist visas over the internet. This is achieved by identifying those classes of individuals who hold specified passports or who apply through approved travel agencies, as outlined in the Regulations. Persons not included in these specified classes will be denied access to internet lodgement facilities for tourist visas. The instrument was developed following consultations with the Government of Bulgaria to obtain necessary passport information and it came into effect on 28 March 2007.

Scope and Application

The instrument IMMI 07/011, made under the Migration Regulations 1994, allows the Minister to specify classes of people eligible to apply for a Tourist visa via the internet. This legislation applies to individuals who hold specified passports or who, holding a specified passport, apply through approved travel agencies. Those who fall outside these classes are not granted access to internet lodgement facilities for Tourist visas. The scope of the Act is limited to the classes of persons specified in a Gazette Notice, which can be amended by the Minister to include or exclude certain passport holders or agencies as deemed necessary. This regulation operates nationally within Australia and is effective from 28 March 2007. There are no stated exclusions, exemptions, or thresholds within the text of the Act itself, though the applicability of the Act can be extended or restricted through subordinate instruments made by the Minister.

Key Provisions

The key provisions of the legislative instrument, IMMI 07/011, revolve around the eligibility criteria for individuals who may apply for a Tourist visa over the internet under Regulation 1218(3)(d) of the Migration Regulations 1994 (hereafter referred to as the "Regulations") (1, 3). Specifically, Regulation 1217 allows the Minister to specify, via a Gazette notice, the matters required by individual provisions of the Regulations. This is implemented in this instrument through the specification of classes of persons eligible to apply for a Tourist visa via the internet, either as holders of specified passports or as holders of specified passports applying through approved travel agencies (4, 5). These classes of persons are identified in a Gazette Notice and are the only ones allowed to use internet lodgement facilities for Tourist visas (3, 5). The obligations imposed by this Act primarily pertain to the Minister, who is responsible for specifying the classes of persons eligible for internet applications for Tourist visas (2). Additionally, the persons who fall within the specified classes must ensure that they comply with the criteria set out in the Gazette Notice, which may include holding a specified passport and, in some cases, applying through an approved travel agency (5). Breaching the conditions set by this Act may result in civil or criminal consequences. Specifically, any person who does not fall into a class specified in the Instrument and who attempts to apply for a Tourist visa over the internet will be acting unlawfully. The maximum penalties for such breaches are not explicitly stated in the explanatory statement, but they may include fines and imprisonment as stipulated by the Migration Act 1958 (6). Additionally, any person who assists or facilitates an unlawful application for a Tourist visa over the internet may also be subject to penalties. It is essential to note that this legislative instrument operates in conjunction with the Migration Regulations 1994 and the Migration Act 1958, and any breaches of these laws may result in further consequences, such as visa cancellations or exclusion from Australia (7). Furthermore, the Minister retains the discretion to specify different classes of persons in future Gazette Notices, allowing for the ongoing evolution of internet application eligibility criteria.