EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF ETA-ELIGIBLE PASSPORTS 2016/066

(regulation 1.11B)

1. Instrument IMMI 16/066 is made under regulation 1.11B of the Migration Regulations 1994 (the Regulations).
2. The Instrument operates to specify the kinds of passports that are Electronic Travel Authority (ETA) eligible passports for visa applications, and the conditions (if any) which must be satisfied those passports. The Instrument also operates to specify kinds of ETA-eligible passports for specific visa subclasses.
3. The purpose of the Instrument is to remake the Instrument due to the previous instrument sunsetting.
4. The Instrument commences on 1 April 2016.  This is the date on which the previous Instrument specifying the kinds of passport that are ETA-eligible passports for the purposes of regulation 1.11B of the Regulations was automatically repealed due to sunsetting. 
5. The Instrument is substantively the same as the Instrument that was automatically repealed on 1 April 2016.  The retrospective application of this Instrument ensures the continuation of normal administrative processes from the date of automatic repeal of the previous instrument to the date of registration of this Instrument. No persons are disadvantaged by the retrospectivity application of this Instrument.
6. In accordance with paragraph 15J(2)(e) of the Legislation 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 (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20947).
8. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
9. The Instrument commences on 1 April 2016.