Overview

The Instrument, made under regulation 1.03 of the Migration Regulations 1994, aims to amend the definition of "designated APEC economy" to accommodate new members in the APEC Business Travel Card (ABTC) scheme. The policy objective is to ensure that Australia can process applications from business travellers of countries participating in the ABTC scheme, thus facilitating streamlined entry for accredited business people. The Instrument, which came into effect on 15 February 2009, specifically includes Mexico, Canada, and the United States of America as designated APEC economies eligible for the Temporary Business Entry (Class UC) visa, aligning with the countries' announced participation in the ABTC scheme. This legislative amendment is crucial for Australia to honour its commitments under the ABTC framework, ensuring reciprocity in the processing of business travellers' applications among participating economies.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, are applicable to the term "designated APEC economy" as defined under regulation 1.03. This definition now includes Mexico, Canada and the United States of America, thereby expanding the eligibility of nationals from these countries to apply for the Temporary Business Entry (Class UC) visa under regulation 2.07AA of the Regulations, making them eligible to apply for the APEC Business Travel Card (ABTC) scheme. The ABTC scheme is designed to provide streamlined entry for accredited business people across participating economies. The primary purpose of this Instrument is to ensure Australia's compliance with its commitment to process applications from designated APEC economy governments as approved applicants under the ABTC scheme. This amendment ensures that Australian applicants who participate in the ABTC scheme will also be considered by the governments of Mexico, Canada, and the United States of America, allowing them to enter these economies under the provisions of the ABTC scheme once they commence processing applications. The Instrument comes into effect on 15 February 2009 and does not have a direct or substantial indirect effect on business or restrict competition, thus consultation was not deemed necessary.

Key Provisions

The main operative sections of this Instrument, IMMI 08/096, pertain to the definition of "designated APEC economy" under regulation 1.03 of the Migration Regulations 1994 (paragraph 2). This definition is specified by a Gazette Notice and includes countries that are members of the APEC Business Travel Card (ABTC) scheme. Specifically, the Instrument expands the list to include Mexico, Canada, and the United States of America (paragraph 4). This amendment ensures that nationals of these countries can be eligible to apply for the Temporary Business Entry (Class UC) visa under regulation 2.07AA, aligning with Australia's commitment to process applications from approved applicants under the ABTC scheme. The Act imposes certain obligations and requirements on the parties and entities it governs. It mandates that the definition of "designated APEC economy" be updated to include any new members of the ABTC scheme (paragraph 2). By doing so, it allows eligible applicants from these countries to apply for the Temporary Business Entry (Class UC) visa, facilitating streamlined entry to participating economies. This is essential for maintaining Australia's commitment to the ABTC scheme and ensuring reciprocity with other member countries when processing applications. In terms of consequences for breach, the Instrument does not specify any particular offences or penalties for non-compliance. However, the failure to adhere to the requirements set out in the Regulations could lead to the invalidation of visa applications from eligible applicants. This could potentially result in delays or denials of entry under the ABTC scheme, impacting both the applicants and the economies involved. While the Instrument itself does not outline specific penalties, any breaches of the underlying Migration Regulations 1994 could result in civil or criminal consequences as stipulated in the relevant sections of the Act. The maximum penalties for breaches of the Migration Act 1958 can include fines and imprisonment, depending on the nature and severity of the offence.