EXPLANATORY STATEMENT
Issued by a delegate of the Minister for Immigration and Citizenship
Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026
The instrument, Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (Migration Regulations).
LIN 26/021 repeals Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The purpose of LIN 26/021 is to specify temporary visa subclasses for subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations. LIN 26/021 repeals and replaces LIN 22/007 in order to revise and update references to various visa subclasses. Further detail is provided in Attachment A.
This instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A statement of compatibility with human rights is therefore not required.
As this instrument is of a minor or machinery nature, external consultation was not considered necessary or appropriate to undertake.
The instrument commences on the day after it is registered on the Federal Register of Legislation.
Further details of the provisions of the instrument are set out in Attachment A.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026
Section 1 – Name of instrument
This section provides that the title of the instrument is the Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021).
Section 2 – Commencement
This section provides the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (the Migration Regulations).
Section 4 – Definitions
This section defines certain terms used in the instrument.
The note in the section states that the terms non-citizen and temporary visa have the meaning given by section 5 of the Migration Act 1958.
Section 5 – Schedule
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Section 6 – Temporary Visa subclasses
This section specifies temporary visa subclasses for the purposes of subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations.
The Schedule removes references to subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored) that had been specified in Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007). These visa subclasses have been repealed and are not required to be referenced in the new instrument.
Effect of being specified
Public interest criteria (PIC) 4005 and 4007, set out in Schedule 4 to the Migration Regulations, apply to visa subclasses where it is specified as a criterion for the grant of a visa in Schedule 2 of the Migration Regulations for that subclass.
PICs 4005 and 4007 provide that visa applicants must be free from a disease or condition in relation to which a person who has it would be likely to require health care or community services or meet the medical criteria for the provision of a community service, and the provision of which would be likely to result in a significant cost to the Australian community in the areas of, or prejudice the access of an Australian citizen or permanent resident to, health care or community services.
If an application is for a temporary visa of a subclass specified for subparagraph 4005(2)(b)(ii) or 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations, then the applicant’s health and associated costs will be assessed for the same period for which a permanent visa is assessed, that is, a period commencing when the application is made (rather than the period for which the Minister intends to grant the visa).
Section 7 – Operation of the instrument
This section provides for the operation of the instrument. It provides for the continued operation of Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007) in certain circumstances.
Section 7 provides that LIN 22/007 continues to apply in relation to an application for a visa if a person is taken to have applied for a visa under regulation 2.08 (newborn children) or 2.08B (addition of dependent children) of the Migration Regulations before, on or after the commencement of LIN 26/021, and:
- Where the application was taken to have been made in accordance with regulation 2.08 – the relevant non-citizen made their application before the commencement of LIN 26/021;
- Where the application was taken to have been made in accordance with regulation 2.08B – the original application was made before the commencement of LIN 26/021.
These circumstances are intended to reflect the relevant provisions of the operation provision in subclause 15302(2) of the Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025.
Schedule 1 – Repeals
Item 1 – The whole of the instrument
This Schedule repeals the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007) in its entirety.