Overview

The Migration Regulations 1994, enacted by the Parliament of Australia, aim to regulate the entry and stay of non-citizens in Australia. The Regulations were updated in 2013 through Instrument F2013L01910 to address the specific problem of ensuring that travel agents from the People's Republic of China (PRC) who organise tours for PRC citizens applying for Visitor (Class FA) visas under the Approved Destination Status (ADS) scheme are properly approved. This Instrument, which came into effect on 23 November 2013, specifies the travel agents in the PRC who are authorised to arrange tours for applicants intending to travel to Australia as part of a tour group. These approved travel agents are mandated to conduct business with Australian travel agents who are likewise approved to escort PRC tour groups travelling to Australia under the ADS scheme. The Instrument is considered of a minor or machinery nature, exempt from disallowance, and does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement.

Scope and Application

The Migration Regulations 1994, as amended by Instrument F2013L01910, outline specific requirements for travel agents who arrange tours for citizens of the People’s Republic of China (PRC) intending to apply for a Visitor (Class FA) visa under the Approved Destination Status (ADS) scheme. This regulation applies to PRC citizens who reside in China and plan to travel to Australia as part of a tour group. The legislation mandates that such applicants must have their tours organised by a travel agent explicitly approved under the regulations, ensuring that the travel agent is specified in writing in the Schedule to the Instrument. These approved PRC travel agents must also collaborate with Australian travel agents who are authorised to escort PRC tour groups entering Australia under the ADS scheme. The regulation provides a list of approved PRC travel agents in the Schedule to the Instrument, allowing for updates to reflect any changes. This legislative instrument, deemed of minor or machinery nature, does not require extensive consultation or a Human Rights Statement of Compatibility under the Legislative Instruments Act 2003. It exempts from disallowance under section 44 of the same act and does not necessitate a Regulatory Impact Statement, as confirmed by the Office of Best Practice Regulation. The instrument, IMMI 13/134, took effect on 23 November 2013.

Key Provisions

The Migration Regulations 1994, as specified in Item 3 of the table in subitem 1236(6), mandate that PRC citizens who are residents of the PRC and intend to travel to Australia as part of a tour group under the Approved Destination Status (ADS) scheme must have their tours organised by a travel agent listed in a specific Instrument. The primary purpose of this Instrument, IMMI 13/134, is to specify which travel agents in the PRC are approved for organising such tours for eligible visa applicants (subitem 1236(6)). The Schedule of the Instrument lists the approved travel agents who are authorised to engage in this activity. These approved travel agents in the PRC are required to collaborate with Australian travel agents who have been approved to escort PRC tour groups travelling to Australia under the ADS scheme. This collaboration is crucial for ensuring that the travel arrangements comply with the regulations set forth in the Migration Regulations 1994. The Instrument has been updated to reflect any changes in the approved PRC travel agents, ensuring that the list remains current and accurate. The obligations imposed by this legislation are primarily on the approved travel agents in the PRC. They must strictly adhere to the regulations by ensuring that all tours organised for PRC citizens intending to travel to Australia are in compliance with the ADS scheme. This includes maintaining the necessary partnerships with Australian travel agents who are also approved to handle these tours. Any failure to comply with these obligations can lead to the travel agents losing their approval status, thereby rendering their tours ineligible under the ADS scheme. In terms of consequences for non-compliance, while the specific offences and penalties are not detailed in the explanatory statement, it is implied that failure to adhere to the requirements set forth in the Instrument could result in legal repercussions. Such consequences could include fines, revocation of the travel agent's approval status, or other penalties as prescribed by the Migration Regulations 1994. It is important for the approved travel agents to ensure full compliance to avoid any potential legal issues.