Overview

The Migration Regulations 1994, amended by the legislative instrument F2010L02479, were introduced to address the need for specified travel agents to organise tours for citizens of the People's Republic of China (PRC) applying for a Tourist (Class TR) visa as part of a tour group. This legislative instrument aims to ensure that the application process for these visas is managed through approved travel agents, both in Australia and the PRC, thereby maintaining a structured and reliable system for visa applications. The purpose of this instrument is to list the approved travel agents under subparagraph 1218(1)(b)(iii) of Schedule 1 to the Regulations, facilitating the orderly processing of visa applications for PRC citizens intending to travel to Australia as part of a tour group. The enacting body is the Parliament of Australia, and the policy objective is to streamline and regulate the visa application process for tourists from the PRC.

Scope and Application

The Migration Regulations 1994, specifically subparagraph 1218(1)(b)(iii), apply to citizens of the People’s Republic of China who reside in the PRC and intend to travel to Australia as part of a tour group to apply for a Tourist (Class TR) visa. This regulation mandates that such applicants must have their tours organised by a travel agent specified in the Instrument, which is designed to maintain a list of approved travel agents facilitating the application process. The legislation provides for two schedules: the first lists approved Australian-based travel agents, while the second lists approved PRC-based travel agents who can arrange tours for applicants under the Approved Destination Status (ADS) scheme. The Instrument was amended to include two additional Australian travel agents, Aihua International Travel Pty Ltd and Honey Trading Pty Ltd, and it was developed in consultation with the Department of Resources, Energy and Tourism, which oversees the ADS Scheme in conjunction with the Department of Immigration and Citizenship. As there is minimal compliance cost or other significant impacts on business, the economy, or competition, a Regulatory Impact Statement was deemed unnecessary. The Instrument, IMMI 10/070, came into effect on 18 September 2010.

Key Provisions

The primary sections of this legislation (F2010L02479) specify which travel agents can organise tours for citizens of the People’s Republic of China (PRC) applying for a Tourist (Class TR) visa (subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations 1994). The Instrument identifies approved travel agents in Australia (Schedule 1) and the PRC (Schedule 2) who can organise tours for PRC citizens under the Approved Destination Status (ADS) scheme. This requirement is essential for PRC citizens intending to travel to Australia as part of a tour group to ensure their visa applications are valid. The Instrument was updated to include two additional Australian agents, Aihua International Travel Pty Ltd and Honey Trading Pty Ltd. The obligations imposed by this legislation are specific to the travel agents listed in the Instrument. These agents must ensure that they comply with the regulations when organising tours for PRC citizens applying for Tourist (Class TR) visas. The travel agents are responsible for adhering to the guidelines set out in the ADS scheme and the requirements specified by the Department of Immigration and Citizenship. The consultation with the Department of Resources, Energy and Tourism indicates a collaborative effort to manage the ADS scheme effectively. There are no explicit offences or penalties outlined in this Instrument itself; however, the failure to comply with the regulations could result in the invalidity of the visa application. This could lead to the rejection of the visa application, leaving the PRC citizen without a valid visa to travel to Australia. The absence of specific penalties in this legislation implies that any breaches of the requirements would be addressed under the broader provisions of the Migration Regulations 1994 or related laws. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is unnecessary because the compliance costs for businesses and individuals are minimal, and there are no significant economic, competitive, or individual impacts. This reflects the streamlined nature of the Instrument, which primarily serves to specify approved travel agents without imposing substantial burdens on businesses or the economy.