Federal Register of Legislation - Australian Government

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IMMI 17/076 Arrangements as made
This instrument operates for the Minister to provide online access to Indian passport holders to apply for a Visitor (Subclass 600) visa in the Tourist, Business Visitor and Sponsored Family streams.
Administered by: Immigration and Border Protection
Registered 30 Jun 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017
Date of repeal 18 Nov 2017
Repealed by Migration (IMMI 17/124: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2017

EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/076: ARRANGEMENTS FOR VISITOR (CLASS FA) VISA APPLICATIONS) INSTRUMENT 2017

(Item 1236)

1.             Instrument IMMI 17/076 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations) and item 3 of the table in
subitem 1236(6) of Schedule 1 to the Regulations for item 1236 of Schedule 1 to the Regulations.

2.             The instrument repeals IMMI 17/021 (F2017L00128) under subregulation 2.07(5) of the Regulations and subitem 1236 of Schedule 1 to the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states 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.

3.             The instrument operates for the Minister to provide online access to Indian passport holders to apply for a Visitor (Subclass 600) visa in the Tourist, Business Visitor and Sponsored Family streams, without the need to apply through an approved agent.  The introduction of online lodgement for Indian passport holders is one of the measures arising from the Government’s White Paper on Developing Northern Australia. 

4.             Currently, Indian passport holders can only apply online for a Visitor visa through the services of an agent in India who is party to an agreement with the Department to use an internet facility for offshore visitor visa applications. The changes in this legislative instrument ensure that, from 1 July 2017, Indian passport holders can make online applications for a Visitor visa without the need to go through an approved agent. The instrument preserves all other application arrangements specified in the previous instrument IMMI 17/021.

5.             Pursuant to subsection 18(1) of the Legislative Instruments Act 2003, consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.  The change impacts a small cohort of applicants who will gain access to the online application form in the same way as most other visa applicants. 

6.             The Office of Best Practice Regulation (OBPR) has confirmed that a Regulatory Impact Statement is not required (OBPR Reference 16837).  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.

7.             The instrument commences on 1 July 2017.