EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR E-VISITOR APPLICATIONS 2016/111

(Item 1218AA)

1. Instrument IMMI 16/111 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of item 1218AA of Schedule 1 to the Regulations.
2. The Instrument revokes IMMI 15/038 (F2015L00559) in accordance with
   subsection 33(3) of the Acts Interpretation Act 1901, which states 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.
3. The Instrument operates to specify the approved form and the manner in which a valid application must be made for a Visitor (Class TV) visa.
4. The purpose of the Instrument is to remove arrangements for a class of persons for the purposes of subparagraph 1218(1)(b)(ii) of Schedule 1 to the Regulations.
5. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. Consultation for the changes to remove arrangements for Tourist (Class TR) visa applications was not undertaken as it impacts a very small cohort of applicants who currently have access to alternative visitor visas through online lodgement. The Department of Immigration and Border Protection’s website will be updated to reflect the changes from the commencement date.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 21398).
7. The Senior Executive Service, Band two, Immigration and Citizenship Policy Division was delegated the powers contained in subparagraph 2.07(5) of the Regulations in Instrument of Delegation DEL 16/048, signed on 4 August 2016.
8. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
9. The Instrument commences on 19 November 2016.