EXPLANATORY STATEMENT
Migration Regulations 1994
WORKING HOLIDAY MAKER VISA – DEFINITIONS OF
‘SEASONAL WORK’ AND ‘REGIONAL AUSTRALIA’
(REGULATION 1225(5))
- 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, to encourage people on Working Holiday visas to live and work in regional Australia and support seasonal primary industries.
5. The Instrument operates to specify the postcodes of the areas that are regional Australia; and to amend the existing definition of regional Australia to also include postcode 3139. The Instrument also specifies the definition of seasonal work.
6. Consultation was undertaken before the instrument was made as follows:
- External consultation with the Victorian State Government;
- With DEWR, DITR and DFAT in the Inter departmental Committee on Working Holiday Makers; and
- Internal departmental consultation with Business and Migration branches.
7. The Instrument, IMMI 06/091, commences on the day after registration on the Federal Register of Legislative Instruments.