EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF REGIONAL AREA 2015
- Instrument IMMI 15/122 is made under subclause 1404(4) of the
Migration Regulations 1994 (the Regulations).
- The Instrument revokes IMMI 15/075 (F2015L00964), under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
2. The purpose of the Instrument is to specify postcodes within the Australian States of New South Wales and Tasmania that are specified to be in a regional area.
3. The Instrument operates to specify locations within the Australian States that are specified regional areas for the purposes of Safe Haven Enterprise (Class XE) visa applicants indication to work or study in a specified regional area.
4. Consultation was undertaken prior to the Instruments creation with New South Wales and Tasmanian Governments.
5. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 17300).
6. 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.
7. The Instrument, IMMI 15/122 commences on 10 October 2015.