EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023
1 The instrument, Departmental reference LIN 23/064, is made under regulation 1.11C of the Migration Regulations 1994 (the Migration Regulations).
2 The instrument repeals Migration Regulations 1994 – Specification of an eVisitor – Eligible Passports – IMMI 13/078 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences on the day after registration on the Federal Register of Legislation, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 Regulation 1.11C of the Migration Regulations provides that a passport is an eVisitor eligible passport if it is a valid passport of a kind specified by the Minister in an instrument in writing, and the conditions (if any) specified in the instrument for that passport are satisfied.
5 To make a valid application for a Subclass 651 (eVisitor) visa, all applicants must hold an eVisitor eligible passport pursuant to paragraph 1218AA(3)(b) of Schedule 1 to the Migration Regulations. As such, the purpose of this instrument is to specify eVisitor eligible passports, and any conditions that must be satisfied.
6 LIN 23/064 maintains all arrangements previously in place under IMMI 13/078, which is repealed by this instrument.
Consultation
7 The Department of Foreign Affairs and Trade was consulted in relation to the naming conventions for certain European countries mentioned in the instrument.
8 The Office of Impact Analysis (OIA) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OIA reference number is OIA23-05234.
Parliamentary scrutiny etc.
9 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Part 1 of the Migration Regulations is prescribed by section 10, item 20(b) of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument that is not subject to disallowance.
10 The instrument was made by the Minister for Immigration, Citizenship and Multicultural Affairs, in accordance with regulation 1.11C of the Migration Regulations.
Overview
The Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023 was enacted to specify which passports are eligible for an eVisitor visa under the Migration Regulations 1994. This instrument was introduced to replace the previous Migration Regulations 1994 – Specification of an eVisitor – Eligible Passports – IMMI 13/078, ensuring that the criteria for eVisitor eligibility remain consistent and up-to-date. The instrument was made by the Minister for Immigration, Citizenship and Multicultural Affairs, in accordance with regulation 1.11C of the Migration Regulations, and aims to maintain the existing arrangements for eVisitor eligible passports while ensuring clarity and precision in the specifications. The instrument is exempt from disallowance and was subject to consultation with the Department of Foreign Affairs and Trade and the Office of Impact Analysis, which deemed the changes to be of minor nature.
Scope and Application
The instrument LIN 23/064, issued under regulation 1.11C of the Migration Regulations 1994, pertains specifically to the specification of eVisitor eligible passports for applicants seeking a Subclass 651 visa. This legislative instrument applies to individuals who hold passports of certain nationalities and need to meet specific criteria to be eligible for an eVisitor visa, which is a type of visa that allows eligible foreign nationals to enter Australia for short-term stays. The instrument repeals the previous legislative instrument IMMI 13/078, thereby updating the list of eVisitor eligible passports and any conditions that must be satisfied for eligibility. The instrument operates under the Commonwealth jurisdiction and its provisions apply nationally across Australia. It is exempt from disallowance under section 42 of the Legislation Act 2003. The instrument came into effect on the day after its registration on the Federal Register of Legislation.
Key Provisions
The main operative sections of the instrument, Departmental reference LIN 23/064, are sections 2 and 4. Section 2 repeals the previous legislative instrument, IMMI 13/078, in accordance with the Acts Interpretation Act 1901. This repeal is necessary to replace the outdated arrangements with new specifications for eVisitor eligible passports. Section 4 provides the purpose of the instrument, which is to specify the passports that are eligible for the eVisitor visa subclass 651, in accordance with the Migration Regulations 1994. This ensures that applicants for the eVisitor visa meet the necessary passport requirements, thereby maintaining the integrity and security of the visa application process.
The Act imposes several obligations on the parties and entities it governs. Firstly, it requires the Minister for Immigration, Citizenship and Multicultural Affairs to specify the types of passports that are eligible for the eVisitor visa. This involves determining the passport types that meet the criteria for the visa subclass 651, as outlined in the Migration Regulations 1994. Secondly, it mandates consultation with relevant departments, such as the Department of Foreign Affairs and Trade, to ensure that the naming conventions and specifications are accurate and up-to-date. Thirdly, the instrument must comply with the Legislation Act 2003, particularly in terms of registration and commencement on the Federal Register of Legislation.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the instrument, LIN 23/064. However, failure to comply with the specifications for eVisitor eligible passports could result in the rejection of an eVisitor visa application. This would mean that an applicant would not be granted the eVisitor visa if their passport does not meet the specified requirements. Additionally, the instrument is exempt from disallowance under section 42 of the Legislation Act, indicating that there are no parliamentary scrutiny mechanisms in place to overturn or challenge the instrument directly. This exemption is due to the instrument being made under the Migration Regulations, which are prescribed as not subject to disallowance by the Legislation (Exemptions and Other Matters) Regulation 2015.