EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under Regulations 1.17 and 2.40(1)(n) of the Migration Regulations (1994) (‘the Regulations’).
2. Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of these provisions.
3. Regulation 2.40(1)(n) of the Regulations provides that transit passengers who belong to a class of persons specified by Gazette Notice are prescribed as having a Special Purpose Visa for the purposes of s.33(2)(a) of the Act.
4. The purpose of the instrument is to revoke the instrument signed by Hon. Philip Ruddock on 25 December 2001 and specify the list of countries whose citizens are transit passengers for the purposes of Regulation 2.40(1)(n).
5. The Gazette Notice operates to specify the countries whose citizens are eligible to access Australia’s transit without visa (TWOV) arrangements. Transit passengers from these countries are able to access the TWOV arrangements provided they are from an eligible country, hold a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of their arrival in Australia, hold documentation necessary to enter the country of their destination, and remain in the transit lounge. Diplomatic passport holders from most countries are also eligible to access Australia’s TWOV arrangements. However the TWOV list also sets out those countries whose diplomatic passport holders are not able to access the TWOV arrangements.
6. The Instrument amends Attachment A to the Gazette Notice to remove Zimbabwe from the list of countries eligible to transit Australia without a visa. All Zimbabwean transit passengers, including diplomatic passport holders, will now be required to obtain a Transit Visa before transiting Australia.
7. Specific consultation was undertaken before the Instrument was made as follows:
- Department of Foreign Affairs & Trade
- Zimbabwean Government
- A selection of airline companies and their representatives
8. The Instrument will commence on Monday 1 August 2005.