Migration Amendment (Visa Labels) Regulation 2015 [F2015L01304]-Concluded matters [2015] AUSStaCSDLM 228 (11 November 2015)

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Instrument	Migration Amendment (Visa Labels) Regulation 2015 [F2015L01304]
Purpose	Amends the Migration Regulations 1994 to remove prescribed forms of evidence of a visa
Last day to disallow	12 November 2015
Authorising legislation	Migration Act 1958
Department	Immigration and Border Protection
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor No. 10 of 2015

Consultation

The committee commented as follows:

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. However, section 18 provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES for the instrument states:

The Office of Best Practice Regulation (the OBPR) has been consulted in relation to the amendments made by the Regulation. The OBPR advises that the changes do not have a regulatory impact on business or the not-for-profit sector. The OBPR consultation reference is 18021.

The committee's guideline on the requirement to address the question of consultation under the Legislative Instruments Act 2003 states:

It is also important to note that requirements regarding the preparation of a Regulation Impact Statement (RIS) are separate to the requirements of the [Legislative Instruments Act 2003]...in relation to consultation. This means that, although a RIS may not be required in relation to a certain instrument, the requirements of the Act regarding a description of the nature of consultation undertaken, or an explanation of why consultation has not occurred, must still be met.

The committee notes that the ES for the instrument provides no information regarding consultation for the purposes of the Legislative Instruments Act 2003.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 2.

The committee requests the advice of the minister in relation to this matter; and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.

Minister's response

The Minister for Immigration and Border Protection advised:

...external consultations on the measures in this instrument were undertaken. Consultations were conducted with Service Delivery Partners, Australian State and Territory government agencies and other Australian Commonwealth government agencies. These stakeholders were in support of the label reduction strategy. Further, affected foreign governments were consulted through Depatiment of Foreign Affairs and Trade; these amendments only affect a small cohort of travellers and alternative arrangements are available where required. The amendment is consistent with the Government's Deregulation and Digital strategies and completes Australia's long standing visa label reduction strategy.
Further, the minister provided a revised ES that had been amended to include the information provided.
Committee's response
The committee thanks the minister for his response and has concluded its examination of the instrument.