EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF HEALTH CARE AND COMMUNITY SERVICES
- This Instrument is made under Subclauses 4005(3), 4006A(1B) and 4007(1B) of the Migration Regulations 1994 (‘the Regulations’).
2. Subclauses 4005(3), 4006A(1B) and 4007(1B) of the Regulations provide that a reference in sub-subparagraph (1)(c)(ii)(A) to health care and community services does not include health care and community services that are specified by the Minister in an instrument in writing.
3. The purpose of the Instrument is to ensure that a Medical Officer of the Commonwealth will not consider the health care and community services specified when assessing an applicant against 4005(1)(c)(ii) (and analogous provisions in 4006A and 4007) if the applicant has applied for a temporary visa not specified in the instrument made for subparagraph 4005(2)(b)(ii) (and analogous provisions in 4006A and 4007).
4. The Instrument operates to list health care and community services that a temporary visa applicant would be unlikely to be able to access while in Australia.
5. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13220).
7. This Instrument, IMMI 11/073 commences on 5 November 2011, immediately after the commencement of Migration Amendment Regulations 2011 (No. 6).