Overview

The Migration Regulations 1994, as amended by F2009L04214, were enacted to address the need for regulating travel agents who organise tours for citizens of the People’s Republic of China (PRC) seeking to enter Australia under the Tourist visa (subclass 676) through the Approved Destination Status (ADS) scheme. This regulation, which came into effect on 23 November 2009, specifies the authorised travel agents in Australia and the PRC who can facilitate such tours. By doing so, the Regulations aim to ensure that PRC citizens travelling to Australia as part of a tour group are organised by agents that comply with the requirements of the ADS scheme. The policy objective is to maintain the integrity of the visa application process and the ADS scheme by controlling which agents are authorised to handle these applications, thereby facilitating smoother and more secure travel arrangements for PRC citizens visiting Australia.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2009L04214, apply specifically to travel agents involved in the organisation of tours for citizens of the People’s Republic of China (PRC) who are applying for a Tourist visa (subclass 676) to travel to Australia as part of a tour group. This legislation mandates that such tours must be organised by a travel agent who is specified in a written instrument, as stipulated under subparagraph 1218(1)(b)(iii) of Schedule 1 to the Regulations. The instrument lists approved travel agents both in Australia and in the PRC, ensuring that they comply with the requirements of the Approved Destination Status (ADS) scheme. The specified travel agents in Australia are detailed in Schedule 1 of the instrument, while Schedule 2 lists those in the PRC who are authorised to lodge Tourist visa applications under the ADS scheme. This regulatory framework ensures that only authorised agents facilitate the travel arrangements for PRC citizens intending to join tour groups in Australia, thereby maintaining compliance with migration regulations.

Key Provisions

The key provisions of the F2009L04214 legislation outline the approved travel agents who can organise tours for PRC citizens applying for a tourist visa (subclass 676) under the Approved Destination Status (ADS) scheme. Specifically, subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations 1994 mandates that such tours must be organised by travel agents specifically listed in a written instrument. This Instrument details those agents in Australia (Schedule 1) and the PRC (Schedule 2) who are approved for this purpose. The Instrument, IMMI 09/130, came into effect on 23 November 2009. The obligations imposed by this Act include that only the travel agents listed in Schedules 1 and 2 of the Instrument are permitted to organise tours for PRC citizens travelling to Australia under the ADS scheme. These agents must ensure that all necessary documentation and requirements are met for the applicants they are assisting. Additionally, the ADS scheme's managing departments, the Department of Resources, Energy and Tourism and the Department of Immigration and Citizenship, have been consulted regarding the Australian agents. Any breach of these provisions may result in serious consequences. For instance, if a non-listed travel agent organises a tour for PRC citizens, the applicants could face complications or denial of their visa applications. Furthermore, the unauthorised travel agent could face civil or administrative penalties, depending on the jurisdiction's laws. The precise penalties are not specified within the explanatory statement but may include fines or other enforcement actions as deemed appropriate by the relevant authorities.