Federal Register of Legislation - Australian Government

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IMMI 13/008 Specifications as made
This instrument lists all provinces, municipalities and autonomous regions in mainland China as specified areas for the purposes of subclause 600.251(2) of the Migration Regulations 1994.
Administered by: Home Affairs
Registered 20 Mar 2013
Tabling HistoryDate
Tabled HR21-Mar-2013
Tabled Senate21-Mar-2013

EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

VISITOR VISA APPLICATIONS FROM CITIZENS OF THE PEOPLE’S REPUBLIC OF CHINA

(Subclause 600.251(2))

 

 

1.      This Instrument is made under subclause 600.251(2) of the Migration Regulations 1994 (‘the Regulations’).

 

2.      Subclause 600.251(2) of the Regulations requires that an applicant for a Subclass 600 visa in the Approved Destination Status (ADS) stream must be a resident of an area in the PRC specified by the Minister in an instrument in writing for this subclause.

 

3.      The purpose of the Instrument is to list all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purposes of subclause 600.251(2) of the Regulations. The instrument is being amended to account for the inclusion of applicants from the PRC, making an application under the Approved Destination Status (ADS) scheme, which will now result in the grant of a Subclass 600 (Visitor) visa instead of a Subclass 676 (Tourist) visa.

 

4.      Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

5.      Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

 

6.      The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR reference number 12254).

 

7.      Instrument IMMI 13/008 commences on 23 March 2013, immediately following the commencement of Migration Amendment Regulation 2013 (No. 1).