Migration Regulations 1994 - Specification under subparagraph 4005(2)(b)(ii), 4006A(1A)(b)(ii) and 4007(1A)(b)(ii) - Visa Subclasses for the Purposes of the Health Requirement - June 2012

EXPLANATORY STATEMENT

Migration Regulations 1994

VISA SUBCLASSES FOR THE PURPOSES OF THE HEALTH REQUIREMENT

(Clauses 4005, 4006A and 4007)

1. This Instrument is made under clauses 4005, 4006A and 4007 of Schedule 4 to the Migration Regulations 1994 (‘the Regulations’).
2. This Instrument revokes Instrument number IMMI 11/032 signed on 20 June 2011. This change is necessary for the implementation of the SkillSelect online system.
3. Public Interest Criteria 4005, 4006A and 4007 specify health requirements that attach to specific visa subclasses.
4. The purpose of the Instrument is to specify the relevant health requirements for temporary visas that form a pathway to potentially obtaining a permanent visa. The Instrument has been made to include visa subclass 188 and visa subclass 489 visas in the list of  current visa subclasses for the purpose of subparagraphs 4005(2)(b)(ii), 4006A(1A)(b)(ii) and 4007(1A)(b)(ii). Visa subclasses 160, 161, 162, 163, 164, 165 and 475 have been moved to the list of former visa subclasses to reflect their new condition as inoperative subclasses.
5. The effect of the Instrument is that if an application is for a temporary visa of a subclass specified in the Instrument then the applicant’s health would be assessed for the same period for which a permanent visa is assessed, that is, the period commencing when the application is made.
6. The Instrument specifies both existing subclasses and subclasses that have been closed to new applications in regulation.
7. The Office of General Legal Counsel, the Australian Government Solicitor, and the Legal Opinions and Legislation sections within the Department were consulted prior to development of the Instrument. In addition, the Chief Medical Officer was also consulted.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13150).
    
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. The Instrument, IMMI 12/025, commences on 1 July 2012, immediately after the commencement of the Migration Amendment Regulation 2012 (No. 2).