Federal Register of Legislation - Australian Government

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IMMI 16/102 Specifications as made
This instrument specifies for applicants of a Visitor (Class FA) visa, the approved form, place and manner for making an application, and the travel agents that must be used by an applicant intending to travel to Australia from the People’s Republic of China as a member of an organised tour.
Administered by: Immigration and Border Protection
Registered 09 Dec 2016
Tabling HistoryDate
Tabled HR07-Feb-2017
Tabled Senate07-Feb-2017
Date of repeal 20 Feb 2017
Repealed by Migration (IMMI 17/021 Arrangements for Visitor Visa (Class FA) Applications) Instrument 2017

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR VISITOR VISA APPLICATIONS 2016/102

(Item 1236)

1.             Instrument IMMI 16/102 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for item 1236 of Schedule 1 to the Regulations.

2.             The Instrument revokes IMMI 16/009 (F2016L00675) 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 for the Minister to specify, for applicants of a Visitor
(Class FA) visa, the approved form, place and manner for making an application, and the travel agents that must be used by an applicant intending to travel to Australia from the People’s Republic of China as a member of an organised tour.

4.             The purpose of the Instrument is to specify arrangements for applicants seeking to satisfy the primary criteria for a Visitor (Class FA) visa in the Frequent Traveller stream. This is a new stream of the Visitor (Class FA) visa and is given effect by the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016.

5.             One new travel agent has been added, and three existing agents have been removed from Schedule 5 of the Instrument which specifies the travel agents that must be used by an applicant of a Subclass 600 (Visitor) visa in the Approved Destination Status Stream. The Approved Destination Status Stream is for applicants from the People’s Republic of China intending to travel to Australia as part of an organised tour.

6.             Consultation was undertaken with the Department of the Prime Minister and Cabinet, Department of Health and the Attorney-General’s Department before this instrument was made.

7.             The Office of Best Practice Regulation (OBPR) has confirmed that the Instrument has only a minor regulatory impact (OBPR Reference 19212).  

8.             The Delegate making the Instrument (Senior Executive Service, Band two, Immigration and Citizenship Policy Division) was delegated the powers contained in subregulation 2.07(5) of the Regulations in Instrument of Delegation DEL 16/067, signed on
9 November 2016.

9.             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.

10.         This instrument commences on 12 December 2016.