EXPLANATORY STATEMENT

Migration Regulations 1994

VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099

(paragraph 2.12C(7)(a) and subregulation 2.12C(8))

1. Instrument IMMI 16/099 is made under paragraph 2.12C(7)(a) and subregulation 2.12(8) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 13/145 (F2013L01937) under paragraph 2.12C(7)(a) and subregulation 2.12C(8) of the Regulations 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 when a Non-Internet Application Charge (NIAC) is payable by an applicant to lodge a visa. The Instrument also specifies circumstances where the NIAC is not payable for an applicant for specified visas.
4. The purpose of the Instrument is to update the Schedule to the Instrument to remove circumstances in which the NIAC is not payable and to specify:
   1. the NIAC will be payable on applications for a second subclass 462 – Work and Holiday visa where applications are lodged in a manner other than as an Internet application;
   2. the NIAC is not payable by subclass 462 applicants where:
      1. the applicant has not previously held a subclass 462 visa;
      2. the applicant claims to have a dependent child.

This change is given effect by the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016.

5.             Consultation was undertaken with the Office of Northern Australia and with industry stakeholders through the Tourist Visa Advisory Group before the Instrument was made. The Northern Australian taskforce, which was based in the Department of the Prime Minister and Cabinet, also undertook extensive consultation in developing the White Paper as a whole.

6.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is required (OBPR Reference 19212) for Establishing a second Work and Holiday (subclass 462) visa initiative for northern Australia to support tourism and agriculture. The prepared statement is at Attachment A to this Explanatory Statement.

7.             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.

8.             The Instrument commences immediately after the commencement of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016.

Attachment A

SHORT-FORM REGULATION IMPACT STATEMENT

Name of department/agency: Department of Immigration and Border Protection (DIBP)

OBPR reference number: 19212

Name of proposal: Establishing a second Work and Holiday (subclass 462) visa initiative for northern Australia to support tourism and agriculture.

Summary of the proposed policy and any options considered:

Work and Holiday (subclass 462) visa holders who undertake three months (88 days) work in the tourism or agriculture in northern Australia will acquire eligibility for a second Work and Holiday visa.

This will create an incentive encouraging Work and Holiday visa holders to perform tourism or agriculture work in northern Australia during their stay, thereby assisting the industry with its short term seasonal labour needs and also encouraging increased tourism visitation to the region.

What are the regulatory impacts associated with this proposal? Explain

The Department expects the proposal to result in a relatively minor increase of regulatory burden in the form of an increased number of Work and Holiday (subclass 462) visa applications from participants.

What are the regulatory costs associated with this proposal? Explain and quantify.

As there is expected to be an increase in the total number of Work and Holiday (subclass 462) visa applications as a result of the proposal, there will be a notional increase in regulatory cost associated with the time taken to complete these additional visa applications.

Based on participation rates in the existing second Working Holiday (subclass 417) visa initiative, which is similar in nature to the Work and Holiday proposal, it is expected that around one in every five Work and Holiday participants will acquire a second Work and Holiday visa. As there were 10,214 Work and Holiday visas were granted in 2013-14, this would translate to approximately 2,000 new Work and Holiday visa applications as a direct result of the proposal.

We therefore calculate the regulatory costs of this proposal to be $29,000 per annum. This costing has been assessed and agreed by the Office of Best Practice Regulation (OBPR) under the Regulatory Burden Management Framework, and is quantified in the regulatory burden and cost offset estimate table below.

Regulatory burden and cost offset estimate table:

What are the offsets for the regulatory costs associated with this proposal?

The department proposes to use the reduction in regulatory burden of $679,000 per annum from the continuing expansion of online lodgement for visitor visas in China and India (OBPR ID 19031) to fully offset this regulatory cost.