EXPLANATORY STATEMENT
Migration Regulations 1994
- This Instrument is made under regulations 1.17 and 1.03 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions.
3. Regulation 1.03 of the Regulations defines the term “designated APEC Economy” to mean an APEC economy specified by Gazette Notice for the purposes of that definition.
4. The purpose of the Instrument is to allow nationals specified in the Instrument to be eligible to apply for the Temporary Business Entry (Class UC) visa under regulation 2.07AA of the Regulations, as applicants to the APEC Business Travel Card (‘ABTC’) scheme. The ABTC scheme provides accredited business people streamlined entry to participating economies.
5. The Instrument replaces an existing Instrument in order to expand the definition of “designated APEC economy” to include Papua New Guinea, Singapore and Vietnam as members of the ABTC scheme. This ensures Australia can honour its commitment to process applications submitted by designated APEC economy Governments as approved applicants under the ABTC scheme. Although currently there are no arrangements in place between Vietnam and Australia, Vietnam are expected to become a signatory under the ABTC scheme during 2005 and Australia needs to be ready to process their applicants as soon as this eventuates. Australian applicants under the ABTC scheme will then be considered by the Governments of Singapore, Papua New Guinea, and Vietnam when they begin processing applications, and if accepted will be able to enter these economies under the provisions of the ABTC scheme
6. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition (subsection 17(1) of the Legislative Instruments Act 2003 refers). As such, consultation was not undertaken.
7. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).