Overview

The Instrument F2013L00511 was enacted in 2013 under the Migration Regulations 1994, addressing the specific needs of citizens from the People’s Republic of China (PRC) who intend to travel to Australia as part of a tour group under the Approved Destination Status (ADS) scheme. This legislation was introduced to ensure that such applicants have their tours organised by approved travel agents, facilitating the transition from applying for a Tourist (Class TR) visa to a Visitor (Class FA) visa. The objective of this regulation is to maintain the integrity of the visa application process by specifying the authorised travel agents in the PRC, thereby preventing potential misuse or abuse of the visa system. Enacted by the Australian Government, this Instrument specifies the travel agents that are permitted to organise tours for PRC citizens intending to visit Australia under the ADS scheme, aligning with the requirements outlined in Schedule 1 to the Migration Regulations 1994. The policy objective is to streamline and secure the visa application process for these applicants, ensuring that their travel arrangements are managed through approved and compliant channels.

Scope and Application

This Instrument, F2013L00511, pertains specifically to travel agents in the People's Republic of China who are authorised to organise tours for citizens of the PRC intending to visit Australia as part of a tour group under the Approved Destination Status (ADS) scheme. It applies to those PRC citizens who are residents in the PRC and wish to travel to Australia as part of a tour group, intending to apply for a Visitor (Class FA) visa. The Instrument operates within the legislative framework of the Migration Regulations 1994, and its application is confined to the geographic scope of the PRC. The Instrument's purpose is to specify which travel agents in the PRC are approved to facilitate visa applications for PRC citizens travelling to Australia under the ADS scheme, thereby ensuring that these applicants comply with the stipulated requirements for their visa applications. The Instrument does not apply to other nationalities or to individuals travelling independently or outside the ADS scheme. Additionally, the Instrument does not require consultation, a Human Rights Statement of Compatibility, or a Regulatory Impact Statement, as it is of a minor or machinery nature and does not substantially alter existing arrangements. The commencement of this Instrument on 23 March 2013 aligns with the changes introduced by the Migration Amendment Regulation 2013 (No. 1).

Key Provisions

The main operative sections of the Migration Regulations 1994, as amended by Instrument IMMI 13/007, clarify that citizens of the People’s Republic of China (PRC) who reside in the PRC and intend to travel to Australia as part of a tour group under the Approved Destination Status (ADS) scheme must have their tour organised by a travel agent specified in the Instrument. This requirement is laid out in Item 3 of the table in subitem 1236(6) of Schedule 1 to the Regulations. The Instrument lists approved PRC travel agents who can arrange tours for applicants eligible to make a Visitor (Class FA) visa application under the ADS scheme. These PRC travel agents must conduct business with Australian travel agents approved to escort PRC tour groups to Australia under the ADS scheme. The obligations imposed by the Act on the parties involved include ensuring that PRC citizens intending to travel to Australia as part of a tour group under the ADS scheme must use an approved PRC travel agent to organise their tour. These approved PRC travel agents are mandated to collaborate with Australian travel agents who are also approved to escort PRC tour groups to Australia under the ADS scheme. This collaboration ensures that all tour arrangements comply with the stipulated requirements of the ADS scheme. Failure to comply with the requirements set out in the Instrument may result in civil or criminal consequences. However, the text does not specify the exact nature of these consequences, it is clear that adherence to the regulations is essential to avoid any potential legal repercussions. The Instrument, IMMI 13/007, commences on 23 March 2013, immediately following the commencement of the Migration Amendment Regulation 2013 (No. 1). The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003 and does not require a Human Rights Statement of Compatibility. Additionally, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not necessary for this Instrument.