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 (under an arrangement known as the Approved Destination Status (ADS) scheme), 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 tours for applicants who are eligible to make a Tourist (Class TR) visa application 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 ADS scheme.
5. The Instrument has been updated to:

• remove five travel agents;
• include one additional travel agent; and
• amend the details of two travel agents.

6.                  Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR reference number 14487).

9. The Instrument, IMMI 12/131 commences on 1 January 2013.