Overview

The Instrument titled "Travel Agents for PRC Citizens Applying for Tourist Visas" was enacted under the Migration Regulations 1994. This piece of legislation was introduced to address the need for specifying authorised travel agents who can operate Approved Destination Status (ADS) tour groups for PRC citizens applying for tourist visas in Australia. The enacting body responsible for this regulation is the Minister for Immigration and Citizenship, with the power to specify such matters derived from Regulation 1.17 and Subparagraph 1218(1)(b)(iii) of the Migration Regulations 1994. The primary policy objective of this regulation is to update the list of approved travel agents, ensuring that only authorised agents can facilitate tourist visa applications for PRC citizens. The inclusion of Extragreen Holidays (Aust) Pty Ltd as a specified agent was considered and recommended by the Government Co-ordination Group, which includes representatives from the Australian Tourism Export Council, Tourism Australia, and the Australian Department of Industry, Tourism and Resources.

Scope and Application

This Explanatory Statement pertains to an Instrument, IMMI 06/013, made under the Migration Regulations 1994, specifically addressing the operation of Approved Destination Status (ADS) tour groups in Australia for PRC citizens applying for tourist visas. The Instrument is predicated on Regulation 1.17, which empowers the Minister to specify matters by Gazette Notice, and Subparagraph 1218(1)(b)(iii) of the Regulations, which allows the Minister to designate travel agents eligible to operate ADS tour groups. The primary objective of IMMI 06/013 is to update the list of approved Australian travel agents, reflecting decisions made following consultations with relevant stakeholders including the Government Co-ordination Group, which comprises representatives from the Australian Tourism Export Council (ATEC), Tourism Australia (TA), and the Australian Department of Industry, Tourism and Resources (DITR). The inclusion of Extragreen Holidays (Aust) Pty Ltd as a specified agent in the Gazette Notice was considered and recommended by this group, based on the potential direct or substantial indirect effects on the tourism industry. The Instrument will take effect from 28 February 2006.

Key Provisions

The key provisions of this instrument, IMMI 06/013, are outlined in the explanatory statement and involve amendments to the list of Australian travel agents specified in the Gazette Notice. Specifically, Regulation 1.17 (2) grants the Minister the power to specify travel agents who can operate Approved Destination Status (ADS) tour groups in Australia, and subparagraph 1218(1)(b)(iii) of the Migration Regulations 1994 allows the Minister to make these specifications through a Gazette Notice. The purpose of this instrument is to update the list of approved travel agents (Regulation 1.17(1)(b)(iii)). The inclusion of Extragreen Holidays (Aust) Pty Ltd as a gazetted travel agent was considered by a government co-ordination group, which recommended this addition. The obligations and requirements imposed by this instrument on the parties and entities it governs involve ensuring that only specified travel agents can operate ADS tour groups in Australia. These agents must meet certain criteria and be included in the official list specified by the Gazette Notice. Travel agents must comply with the updated list to operate legally within the ADS framework. The instrument also requires that the Minister consult with relevant industry bodies, such as the Australian Tourism Export Council (ATEC) and Tourism Australia, before making amendments to the list of approved agents. This ensures that the interests of the tourism industry are considered and that the changes are beneficial and compliant with industry standards. The instrument does not explicitly detail any offences, penalties, or consequences for breach within its text. However, failure to comply with the specified list of approved travel agents could potentially lead to legal issues under the Migration Regulations 1994. This might include actions such as fines, sanctions, or other penalties that are outlined in the broader legislative framework. The maximum penalties for breaches would be determined according to the relevant provisions of the Migration Act 1958 and the Migration Regulations 1994, which could include fines and/or imprisonment. The exact nature and severity of penalties would depend on the specific breach and the context in which it occurs.