EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF TELEPHONE NUMBER AND TIMES FOR ORAL APPLICATIONS FOR A RESIDENT RETURN VISA
- This Instrument is made under subregulation 2.09(3) of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 2.09(3) provides that an oral application for a Return (Residence) (Class BB) visa may be made using a specified telephone number during times specified by the Minister.
3. The purpose of the Instrument is to provide support to those clients in Australia who are unable or unwilling to access the internet or experience difficulty in attending a departmental office. For those clients, the department is expanding the current oral lodgement capability for a Return (Residence) (Class BB) application to introduce the ability for oral applications to be made via a telephone number to be used during certain times.
4. The instrument operates to specify that oral applications for a Return (Residence) (Class BB) visa made by persons who do not attend an office should be done so using a specified telephone number and during specified times. The specified hours of operation, being between 8.30am and 4.30pm, Monday to Friday, are specific to the State or Territory from which the call is being placed. For instance, if a call is placed from Perth the hours of operation are those applicable to that time zone, Australian Western Standard Time, (AWST). Where daylight saving time is observed, the time specified in the instrument includes those alterations to usual times. This is consistent with provisions at Section 37 of the Acts Interpretation Act 1901, applied in this instance by virtue of Paragraph 13(1)(a) of the Legislative Instruments Act 2003.
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 12342).
7. The Legislative Instrument IMMI 11/018 commences on 2 April 2011.