Federal Register of Legislation - Australian Government

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LIN 20/046 Arrangements as made
This instrument operates for the Minister to specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa, and specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of that tour. As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.
Administered by: Home Affairs
Registered 24 Feb 2020
Tabling HistoryDate
Tabled HR25-Feb-2020
Tabled Senate26-Feb-2020

EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 20/046: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2020 

(Subregulation 2.07(5) and item 1236 of Schedule 1)

1.             The instrument, LIN 20/046, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) and item 1236 of Schedule 1 to the Regulations. 

  1. The instrument revokes Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019 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:

a.       specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa; and

b.      specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the  Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of  that tour.

  1. As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.

5.             Consultation was undertaken with the Department of Health and industry stakeholders concerning the Public Health Emergency of International Concern and the need for cancellation of visas.

6.             The Office of Best Practice Regulation (OBPR) has been consulted and has advised that a Regulatory Impact Statement is not required for the instrument (OBPR Reference No: 26268).

7.             The Senior Executive Service, Band 2 officer in the Immigration and Community Protection Policy Division who made the instrument was delegated the powers required to make the instrument in Instrument Making Powers (Minister) Instrument 2019/228 (LIN 19/228), signed on 12 September 2019.

8.             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.

9.             The instrument commences on the day after registration of the Federal Register of Instruments.