EXPLANATORY STATEMENT

Migration Regulations 1994

TRAVEL AGENTS FOR PRC CITIZENS APPLYING FOR VISITOR VISAS
(Item 3 of the table in subitem 1236(6))

1. This Instrument is made under Item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Item 3 of the table in subitem 1236(6) of Schedule 1 to the Regulations provides that to make a valid application for a Visitor (Class FA) visa, applicants who are a citizen of the People’s Republic of China (PRC), are resident in the 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 purposes of Item 3 of the table in subitem 1236(6).
3. The purpose of the Instrument is to specify approved travel agents for the purposes of Item 3 of the table in subitem 1236(6) of Schedule 1 to the Regulations. The revocation of Instrument IMMI 12/131 means that citizens of the PRC intending to travel to Australia as a member of a tour group under the ADS scheme will no longer be able to apply for a Tourist (Class TR) visa, but will instead be able to apply for a Visitor (Class FA) visa under the ADS scheme.
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 Visitor (Class FA) 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 allow for changes to the structure of the Regulations which has resulted in the inclusion of applicants who qualify for the Approved Destination Status (ADS) scheme as a stream of eligible applicants for a Visitor (Class FA) visa.
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 12254).

9. The Instrument, IMMI 13/007 commences on 23 March 2013, immediately following the commencement of Migration Amendment Regulation 2013 (No. 1).