Overview

The Migration Regulations 1994, specifically the Explanatory Statement relating to the Working Holiday Maker Visa, were enacted in 2005 to address the chronic labour shortages within the horticultural industry in regional Australia. This legislative instrument, crafted under subitem 1225(5) of Schedule 1 to the Migration Regulations, aims to define the terms ‘seasonal work’ and ‘regional Australia’ for the purposes of a second Working Holiday Maker Visa. The objective of this regulation is to ensure that applicants for a second visa undertake work in the horticultural sector, specifically in low population or low growth areas of Australia, thereby maximising the benefits to the industry. The definitions established by this instrument serve as a guideline for decision-makers in assessing the eligibility of applicants based on the location and type of work undertaken. The instrument was developed following consultations with a broad range of stakeholders, including the National Farmers Federation and the horticultural and agricultural sectors, to ensure the definitions were practical and beneficial. These consultations took place in May and June 2005, and the instrument itself commenced on 1 November 2005. By restricting the type of work that can be recognised as meeting the visa requirements, the regulation seeks to alleviate labour shortages in the horticultural industry, particularly in less populated regions.

Scope and Application

This Instrument, made under subitem 1225(5) of Schedule 1 to the Migration Regulations 1994, is intended to define the terms ‘seasonal work’ and ‘regional Australia’ for the purposes of a Working Holiday Maker Visa. This legislation applies to individuals who are considering or currently on a second working holiday visa, specifically those intending to engage in seasonal work in the horticultural industry within areas of Australia classified as low population or low growth. These definitions are instrumental in guiding decision-makers in assessing whether an applicant's work experience aligns with the criteria stipulated under subclause 417.211(4) of Schedule 2 and 1225(3)(B) of Schedule 1 of the Regulations. By focusing the scope on the horticultural industry in designated regional areas, the Instrument aims to alleviate chronic labour shortages within this sector, ensuring that the benefits of such work are maximised for the industry. The definitions established through this Instrument are designed to be applied nationally, with the commencement date set for 1 November 2005.

Key Provisions

The main operative sections of the Working Holiday Maker Visa - Definitions of ‘Seasonal Work’ and ‘Regional Australia’ (F2005L03299) involve defining the terms ‘seasonal work’ and ‘regional Australia’ as specified in a Gazette Notice (subitem 1225(5)). This is intended to provide clarity and restrict the location and type of work that may be considered to satisfy the requirements of a second working holiday visa. These definitions will be used by decision-makers in determining whether the location and type of work undertaken by an applicant for a second working holiday visa is consistent with the requirements under subclause 417.211(4) of Schedule 2 and 1225(3)(B) of Schedule 1 of the Regulations. The definitions are intended to ensure that people who wish to apply for a second working holiday visa undertake work in the horticultural industry in areas of Australia that are considered low population or low growth. The Act imposes specific obligations and requirements on the parties it governs, primarily targeting applicants for a second working holiday visa. These applicants must undertake work in the horticultural industry in areas of Australia that are considered low population or low growth. This is to ensure that the maximum benefit is felt by the horticultural industry, which has been recognised as experiencing chronic and severe labour shortages. The definitions provided in the Act will be used by decision-makers to determine the eligibility of an applicant’s work for a second working holiday visa. There are no explicit offences, penalties, or civil/criminal consequences for breach stated in the explanatory statement. However, failure to comply with the definitions and requirements specified in the Act could result in an applicant being deemed ineligible for a second working holiday visa. This could potentially lead to visa refusal or cancellation if the work undertaken does not meet the criteria outlined in the Act. The exact consequences for non-compliance would depend on the specific circumstances and the discretion of the decision-makers involved. In summary, the Act provides clear definitions of ‘seasonal work’ and ‘regional Australia’ to ensure that applicants for a second working holiday visa undertake work in the horticultural industry in low population or low growth areas of Australia. This is intended to address labour shortages in the horticultural industry and provide maximum benefit to these regions. Decision-makers will use the definitions to determine the eligibility of an applicant’s work for a second working holiday visa. Failure to comply with the Act’s requirements could result in visa refusal or cancellation.