EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF PASSPORTS
(Subregulation 1.40(1))
- This Instrument is made under subregulation 1.40(1) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1.40(1) of the Regulations provides that a passport is an eligible passport if it is a valid passport of a kind specified by the Minister in an instrument in writing for this subregulation and that the conditions (if any) specified by the Minister in an instrument in writing for passports of that kind are satisfied.
3. The purpose of the instrument is to revoke FRLI reference F2005B02750 specifying passports for the purposes of paragraphs 1.40(1)(a) and (b) of the Regulations, signed on 15 September 2003 and published in Gazette Notice 39. The change is of a minor legal technical nature and the new instrument replicates the arrangements specified in Gazette Notice 39, published on 1 October 2003.
4. The instrument operates to specify eligible passports for certain types of visa applications.
5. Pursuant to subsection 18(1) 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.
6. The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735). The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4). The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4).
7. 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.
8. The instrument IMMI 12/089 commences on 24 November 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No.4).