EXPLANATORY STATEMENT

Migration Regulations 1994

TRAVEL AGENTS FOR PRC CITIZENS APPLYING FOR TOURIST VISAS
(SUBPARAGRAPH 1218(1)(b)(iii))

1. This Instrument is made under subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Subparagraph 1218(1)(b)(iii) of Schedule 1 to the Regulations provides that to make a valid application for a Tourist (Class TR) visa, applicants who are a citizen of the People’s Republic of China (PRC), are in PRC, and are intending to travel to Australia as a member of a tour group, must have their tour organised by a travel agent specified in an Instrument in writing for the subparagraph.
3. The purpose of the Instrument is to specify approved travel agents for the purposes of subparagraph 1218(1)(b)(iii) of Schedule 1 to the Regulations.
4. The Schedule to the Instrument lists the travel agents in the PRC who are approved to organise the tours for applicants who are able to lodge Tourist (Class TR) visa applications under the ADS scheme.  These approved PRC travel agents are required to undertake business with travel agents in Australia who are approved to escort PRC tour groups who travel to Australia under the Approved Destination Status (ADS) scheme.
5. The Instrument has been drafted to omit all previously specified Australian travel agents who were listed in Schedule 1 to the previous Instrument.  The approved Australian travel agents are now listed on the website of the Department of Resources, Energy and Tourism, which manages the ADS Scheme, at www.ret.gov.au.
6. A further change proposes to update the name of a specified agent. “Beijing Golden Crown International Travel Service Co Ltd” is now “Beijing Global Tour International Travel Service Co Ltd”.
7. Consultation with the Department of Resources, Energy and Tourism, which manages the ADS Scheme in consultation with the Department of Immigration and Citizenship and Tourism Australia, was undertaken in respect of changes in relation to the Australian ADS agents.

8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition.

9. The Instrument, IMMI 10/071 commences on 11 October 2010.