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Migration Amendment (Offshore Resources Activity) Repeal Bill 2014 – Regulation Impact Statement – Department of Immigration and Border Protection

On 27 March 2014, the Australian Government, tabled legislation to repeal the Offshore Resources Activity Act which was intended to prescribe relevant visa requirements for non-citizens employed in the offshore resources industry. The legislation would have required the development of a dedicated visa pathway for the offshore resources industry and may have included capacity to include labour market or salary criteria, to undertake character and health checks on visa applicants, and to provide greater clarity on the number of non-citizens actually working in Australia’s offshore maritime zones. The Regulation Impact Statement (RIS) notes that the introduction of a visa requirement would have only created red tape in order to confirm the status of a foreign national working in a relevant migration zone in Australia’s offshore resources industry. The RIS estimates the average annual compliance cost saving at about $275,000. The Office of Best Practice Regulation (OBPR) notes that the RIS outlines that policy approval to repeal the Offshore Resources Activity Act was given in February 2014 and that an Options-stage RIS was not undertaken, as required, under the previous RIS arrangements. The Department, while compliant, has not followed best practice. The proposal is likely to have a measurable but contained impact on the economy. The RIS has been prepared and certified by the department, and assessed as adequate by the OBPR. The OBPR has also agreed to the regulatory cost saving.