EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF REGIONAL AREA 2015
- This Instrument is made under subclause 1404(4) in Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Safe Haven Enterprise (Class XE) visa (safe haven enterprise visa) was introduced as a class of temporary visa by the Migration Amendment (Resolving the Asylum Legacy Caseload) Act 2014.
3. Subclause 1404(3) provides that an application for a safe haven enterprise visa is valid only if the person indicates in writing, an intention to work or study while accessing minimum social security benefits in a regional area.
4. Subsection 46A(1A) of the Migration Act 1958 (the Act) has the effect that a person who holds or has ever held a safe haven enterprise visa (visa holder) is not prevented from making a subsequent valid application for visa subclasses prescribed in the Regulations, if the applicant satisfies any employment, educational or social security benefit requirements as prescribed under subregulation 2.06AAB(2) of the Regulations. Those requirements are satisfied by a visa holder, whether the applicant himself or herself under paragraph 2.06AAB(2)(a), or a member of the same family unit as the applicant under paragraph 2.06AAB(2)(b).
5. Under paragraph 2.06AAB(2)(a), the visa holder must, for a minimum period or periods totalling 42 months (whether consecutive or non-consecutive): be engaged in employed in a regional area and not receive any social security benefits (subparagraph 2.06AAB(2)(a)(i)); or be enrolled in full‑time study at an educational institution in a regional area (subparagraph 2.06AAB(2)(a)(ii)). Engaged in employment, social security benefits and enrolled in full-time study at an educational institution are separately determined by legislative instrument.
6. The purpose and operation of this Instrument is to specify postcodes in Australia which are taken to be in a regional area for the purposes of subparagraphs 2.06AAB(2)(a)(i) and (ii) and subclause 1404(3) of Schedule 1 to the Regulations.
7. Consultation was undertaken before the Instrument was made with State and Territory governments. The State Government of New South Wales opted in certain areas identified by postcode as regional areas for the purposes of this Instrument.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17300).
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The Instrument commences on 1 July 2015.