EXPLANATORY STATEMENT
Migration Regulations 1994
DESIGNATED AREAS
(Regulation 1.03)
- This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.03 provides a definition of designated area. Designated area means an area specified as a designated area by the Minister in an instrument in writing.
3. The purpose of the Instrument is to specify designated areas, by State and Territory and postcode.
4. The Instrument operates to specify what areas are designated areas for the Skilled – Designated Area-sponsored, Skilled – Regional Sponsored and Skilled – Regional Sponsored (Provisional) visa subclasses. These visa categories provide that an applicant can be sponsored by an Australian relative living in a ‘designated area’. Applicants who are granted a provisional visa on this basis are subject to a condition that they live, work and study only in a designated area.
5. This change is necessary as the previous Instrument, IMMI11/063, relied on item 6701 of Schedule 6 to designate specific areas. Schedule 6 is to be repealed from 1 July 2012 as part of the SkillSelect implementation. The power to designate specific areas will be located at regulation 1.03 from 1 July 2012. No change has been made to the list of postcodes identifying designated areas.
6. Pursuant to section 18 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.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 13150).
8. 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.
9. This Instrument, IMMI 12/021, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).