EXPLANATORY STATEMENT

Migration Regulations 1994

WORKING HOLIDAY VISA – DEFINITIONS OF

‘SEASONAL WORK’ AND ‘REGIONAL AUSTRALIA’

(REGULATION 1225(5))

1. This Instrument is made under regulation 1.17 and subitem 1225(5) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulation 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.

3.                  Subitem 1225(5) of Schedule 1 to the Regulations relevantly provides the definitions of seasonal work and regional Australia for the purpose of eligibility for a second Working Holiday (subclass 417) visa.  Applicants for a second Working Holiday visa must demonstrate they have carried out seasonal work in regional Australia for at least 3 months as the holder of a first Working Holiday visa.

4.                  The purpose of the Instrument is to provide the definitions of regional Australia and seasonal work.

5.                  The Instrument operates to specify the postcodes of the areas that are regional Australia; and to amend the existing definition of seasonal work so that it is limited to work undertaken as the employee of a primary producer.

6. External consultations were previously undertaken with:

• key government agencies, including DEWR, DAFF and DITR; and
• the National Farmers’ Federation and the National Harvest Labour Information Service (MADEC).

7. The Instrument, IMMI 06/069, commences on the day of registration on the Federal Register of Legislative Instruments.