EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and subparagraph 1218(1)(b)(iii) of the Migration Regulations 1994 (‘the Regulations’).
2. Section 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
Section 1218(1)(b)(iii) of the Regulations requires that where an application mentioned in paragraph 1218(1)(b) is made by a citizen of the PRC who is in the PRC, the travel agent organising the applicant’s tour to Australia must be specified by Gazette Notice for the purposes of subparagraph 1218(1)(b)(iii).
3. The purpose of the Instrument is to specify which travel agents in Australia and in China are approved to organise travel to and in Australia of Chinese citizens in tour groups.
4. The instrument operates to facilitate the travel of Chinese tour groups to Australia. The government of the People’s Republic of China has designated Australia as an approved destination under the Approved Destination Status (ADS) scheme. Under the ADS scheme, certain travel agents in China and Australia are authorised to organise tour group travel from China and within Australia. This instrument lists the registered ADS travel agents.
5. This instrument reflects a technical change to the Regulations and does not substantially alter existing arrangements. As such consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003).
6. The instrument commences on 1 July 2005.
Overview
The Explanatory Statement for F2005L01624, made under the Migration Regulations 1994, outlines the specifications for travel agents organising tours for Chinese citizens to Australia. This legislative instrument was enacted to address the need for clear guidelines on which travel agents in both Australia and China are approved to handle such tours. The enactment of this instrument was carried out by the Minister, as allowed under section 1.17 of the Regulations, and specifically targets the provision under subparagraph 1218(1)(b)(iii) of the Regulations. The policy objective is to streamline the travel process for Chinese tour groups by clearly designating authorised travel agents, thereby facilitating their travel to and within Australia. This initiative aligns with the Approved Destination Status (ADS) scheme, under which China has designated Australia as an approved destination, permitting only registered travel agents to organise these tours. The instrument was introduced on 1 July 2005 and serves as a technical update to existing regulations without substantially altering the current framework.
Scope and Application
The explanatory statement outlines that this Notice under the Migration Regulations 1994 specifies matters required by individual provisions of the Regulations, particularly focusing on the approval of travel agents involved in organising tours for citizens of the People's Republic of China to Australia. The Notice specifies which travel agents in Australia and China are approved to facilitate travel for Chinese citizens in tour groups. This is achieved under the Approved Destination Status (ADS) scheme, where certain travel agents in both China and Australia are authorised to organise such tours. The primary purpose is to streamline and regulate the travel arrangements for these tour groups, ensuring compliance with migration regulations. The Notice does not substantially alter existing arrangements and is intended as a technical update to the Regulations. It commences on 1 July 2005 and applies to all designated travel agents involved in the facilitation of tour group travel from China to Australia.
Key Provisions
The key provisions of the F2005L01624 Explanatory Statement concern the specification of travel agents authorised to organise tours to and within Australia for citizens of the People’s Republic of China (PRC) (paragraphs 2 and 3). Section 1.17 of the Migration Regulations 1994 empowers the Minister to specify, through a Gazette notice, the matters required by individual provisions of the Regulations. Specifically, subparagraph 1218(1)(b)(iii) requires the specification of travel agents who can organise the travel of PRC citizens to Australia when the application is made by a citizen in the PRC. This Explanatory Statement lists the approved travel agents under the Approved Destination Status (ADS) scheme (paragraph 3).
The obligations imposed by this legislation include the requirement for travel agents to be registered under the ADS scheme, both in China and Australia, in order to legally organise tours for PRC citizens (paragraph 4). These agents must comply with the Migration Regulations 1994 and any other relevant provisions to ensure that they meet the standards set for facilitating the travel of tour groups. The registration and ongoing compliance of these agents are crucial to maintaining the integrity of the ADS scheme and ensuring that tours are organised in a manner that adheres to Australian migration laws.
Breaching the requirements set out in the ADS scheme and the Migration Regulations 1994 can result in various civil or criminal consequences. Although the Explanatory Statement does not detail specific penalties, breaches of migration laws can generally lead to fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties can vary, but they can include substantial fines for individuals and companies, as well as criminal charges that may lead to imprisonment. Compliance with the specified requirements is essential to avoid these adverse consequences.