EXPLANATORY STATEMENT
Migration Regulations 1994
WORKING HOLIDAY MAKER VISA – DEFINITIONS OF
‘SEASONAL WORK’ AND ‘REGIONAL AUSTRALIA’
(REGULATION 1225(5))
- This Instrument is made under subitem 1225(5) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. 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 Maker (subclass 417) visa. Applicants for a second Working Holiday Maker 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 Maker visa.
3. The purpose of the Instrument is to provide the definition of regional Australia; and to expand the definition of seasonal work to increase the total number of applicants able to be granted a second Working Holiday Maker visa in Australia each year, and help address labour needs more generally.
4. The Instrument operates to specify the postcodes of the areas that are regional Australia; and to broaden the existing definition of seasonal work (“picking fruit, nuts and other crops, pruning and trimming vines and trees, general maintenance crop work and other work associated with packing or processing the harvest”) to also include work in primary industries such as fishing, pearling, shearing, butchery and forestry, which will support rural and regional industries, particularly those who are heavy users of backpacker labour to meet seasonal work demands.
5. Consultation was undertaken before the instrument was made as follows:
- with key government agencies, including DEWR, DAFF and DITR; and
- with the National Farmers’ Federation and the National Harvest Labour Information Service (MADEC).
6. The Instrument, IMMI 06/014, commences on 1 July 2006.