EXPLANATORY STATEMENT
Migration Regulations 1994
TRAVEL AGENTS FOR PRC CITIZENS APPLYING FOR TOURIST VISAS
(SUBPARAGRAPH 1218(1)(b)(iii))
- This Instrument is made under subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
- 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.
- 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.
- 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.
- 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.
- 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”.
- 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.
Overview
The Migration Regulations 1994, amended by F2010L02623, address the need for specifying travel agents in the People’s Republic of China (PRC) who are authorised to organise tours for PRC citizens applying for a Tourist (Class TR) visa under the Approved Destination Status (ADS) scheme. This legislative instrument was enacted to ensure that PRC citizens intending to travel to Australia as part of a tour group must have their travel arrangements organised by an approved agent. The purpose of this regulation is to maintain the integrity of the visa application process by ensuring that only authorised agents facilitate the travel of PRC citizens to Australia. The enacting body, in this case, is the Australian government, reflecting a policy objective to streamline and regulate the visa application process for tourists from the PRC. The changes outlined in the instrument include updating the list of approved PRC travel agents and reflecting updates in the names of specified agents, ensuring alignment with current business practices and operations.
Scope and Application
The Migration Regulations 1994, as amended by the instrument F2010L02623, apply specifically to citizens of the People's Republic of China who are located in the PRC and intend to travel to Australia as members of a tour group. The Regulations mandate that such individuals must have their tours organised by a travel agent who is listed in the Schedule of the instrument. This requirement is integral to ensuring that applicants for Tourist (Class TR) visas comply with the provisions outlined in subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations. The instrument specifies the approved PRC travel agents who are permitted to organise tours for these applicants, necessitating collaboration with approved Australian travel agents who are responsible for escorting PRC tour groups to Australia under the Approved Destination Status (ADS) scheme. The approved Australian agents are now listed on the Department of Resources, Energy and Tourism's website, which administers the ADS scheme. This legislative instrument commenced on 11 October 2010, with an update to reflect the name change of one of the PRC travel agents from “Beijing Golden Crown International Travel Service Co Ltd” to “Beijing Global Tour International Travel Service Co Ltd.”
Key Provisions
The primary operative sections of this Instrument are found in subparagraph 1218(1)(b)(iii) of Schedule 1 to the Migration Regulations 1994, which mandates that PRC citizens intending to travel to Australia as part of a tour group must have their tour organised by a travel agent specified in an Instrument in writing for the subparagraph. The Instrument lists approved travel agents in the PRC, which are required to conduct business with approved Australian travel agents. The approved Australian travel agents are now listed on the Department of Resources, Energy and Tourism’s website.
The obligations imposed by the Instrument are twofold. Firstly, PRC citizens who intend to travel to Australia as part of a tour group must ensure that their tours are organised by a travel agent listed in the Instrument. Secondly, the approved PRC travel agents must undertake business only with approved Australian travel agents. It is also imperative that the names of the approved agents are kept up to date, such as the recent change from “Beijing Golden Crown International Travel Service Co Ltd” to “Beijing Global Tour International Travel Service Co Ltd.”
The Instrument also includes provisions that outline the civil and criminal consequences for non-compliance. Although specific penalties are not detailed within the text of the Instrument, breaches of the Migration Regulations 1994, which are enforced by this Instrument, may result in civil or criminal penalties. For civil penalties, the maximum fines can be substantial, and for criminal penalties, individuals may face imprisonment, reflecting the seriousness with which the Australian government treats non-compliance with migration regulations. These potential consequences underscore the necessity for PRC citizens and travel agents to adhere to the requirements set forth in the Instrument to avoid any legal repercussions.