Federal Register of Legislation - Australian Government

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IMMI 18/086 Arrangements as made
This instrument repeals the Migration Regulations 1994 - Specification of Agreements or Arrangements which are not Relevant Agreements for the purposes of Government Agreement Stream of the International Relations Visa - IMMI 12/084 and operates for the Minister to specify the definition of ‘relevant agreement’, agreements or arrangements, or types of agreements or arrangements, which are not ‘relevant agreements’ for the purposes of granting a Subclass 403 (Temporary Work (International Relations)) visa.
Administered by: Home Affairs
Registered 25 Jun 2018
Tabling HistoryDate
Tabled HR26-Jun-2018
Tabled Senate27-Jun-2018

 

EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

Migration (IMMI 18/086: Agreements or Arrangements which are not Relevant Agreements for the Purposes of the Government Agreement Stream of the Subclass 403 (Temporary Work (International Relations) visa)) Instrument 2018

 

(paragraph (d) of the definition of ‘relevant agreement’ in clause 403.111 of Schedule 2)

 

  1. This instrument is made under paragraph (d) of the definition of ‘relevant agreement’ in clause 403.111 of Schedule 2 to the Migration Regulations 1994 (Regulations).
  2. The instrument repeals IMMI 12/084 (F2012L02215) made under clause 403.111 of Schedule 2 to the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the Interpretation Act 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. Clause 403.111 of the Regulations provides a definition of ‘relevant agreement’ for the purposes of the Subclass 403 (Temporary Work (International Relations)) visa. In particular, this definition relates to the criteria for grant of a visa under the Government Agreement stream.
  4. This instrument operates for the Minister to specify, under paragraph (d) of the definition of ‘relevant agreement’, agreements or arrangements, or types of agreements or arrangements, which are not ‘relevant agreements’ for the purposes of meeting the criteria to grant a Subclass 403 (Temporary Work (International Relations)) visa.
  5. As part of the 1 July 2018 Pacific Labour Mobility Changes, the Pacific Labour Scheme was established to enable residents of Pacific Island Countries to undertake low and semi-skilled work in rural and regional Australia. To facilitate this scheme, the Migration Amendment (Pacific Labour Scheme) Regulations 2018 inserted the Pacific Labour Scheme stream into the Subclass 403 (Temporary Work (International Relations)) visa.

 

 

  1. The Pacific Labour Scheme has a number of associated Government agreements, between Australia and Kiribati, Tuvalu and Nauru. The purpose of this instrument is to exclude these Government Agreements from the definition of ‘relevant agreement’ in clause 403.111 of the Regulations. This exclusion will ensure that applicants seeking to meet the criteria for a Subclass 403 (Temporary Work (International Relations)) visa, who are part of the Pacific Labour Scheme, will be assessed against the criteria for the Pacific Labour Scheme stream, and not the criteria for the Government Agreement stream.
  2. Consultation was undertaken before the instrument was made with the Department of Jobs and Small Business and the Department of Foreign Affairs and Trade.
  3. The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is not required. The OBPR Reference is 23669.  
  4. 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.
  5. The instrument IMMI 18/086 commences immediately after the commencement of the Migration Amendment (Pacific Labour Scheme) Regulations 2018.