EXPLANATORY STATEMENT

Migration Regulations 1994

 REQUIRED HEALTH ASSESSMENT

(CLAUSES 4005, 4006A and 4007)

1. This Instrument is made under clauses 4005, 4006A and 4007 of the Migration Regulations 1994 (“the Regulations”).
2. Paragraphs 4005(1)(aa), 4006A(1)(aa) and 4007(1)(aa)  of the Regulations provide that the Minister may specify, in an instrument in writing, the classes of persons who must undertake specified medical examinations. Additionally, subparagraphs 4005(1)(aa)(ii), 4006A(1)(aa)(ii) and 4007(1)(aa)(ii) provide that the Minister, in an instrument in writing, may specify who is to conduct the medical examinations specified for each class of persons.
3. The purpose of the Instrument is to specify what medical examinations must be carried out for each class of persons defined in the Instrument and who is to carry out the medical examinations.
4. The effect of this Instrument is to make it a requirement for persons aged 75 years and older, who are applying for a Subclass 456, 459, 676 or 679 visa, to undergo a medical examination.
5. Pursuant to section 18 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 was consulted in relation to this legislative amendment and has advised that a Regulatory Impact Statement is not required (OBPR Reference number 14349).

7. Under subsection 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. This Instrument number, IMMI 12/113, commences on 24 November 2012.