EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF REGIONAL AREA 2016/029

(Subclause 1404(4))

1. Instrument IMMI 16/029 is made under subclause 1404(4) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 15/122 (F2015L01635) in accordance with
   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.
3. The purpose of the Instrument is to add postcodes within the Australian Capital Territory, New South Wales, Queensland, South Australia, Victoria and Western Australia which are taken to be a regional area for the purposes of the Regulations. 
4. The Instrument operates to specify postcodes within Australia which are taken to be a regional area for the purpose of subparagraphs 2.06AAB(2)(a)(i) and (ii) and
   subclause 1404(3) of Schedule 1 to the Regulations. In particular, an application for a Safe Haven Enterprise (Class XE) visa must include an indication, in writing, that the applicant, or a member of the applicant’s family unit who is also an applicant for a Class XE visa, intends to work or study while accessing minimum social security benefits in a regional area specified in the Instrument.
5. Consultation was undertaken before the Instrument was made with the relevant State and Territory Governments.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 17300).
7. 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.
8. The Instrument commences on the day after registration on the Federal Register of Legislation.