Migration Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 322 1

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Migration Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 16 September 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

JOHN FAULKNER

Minister for Environment, Sport and Territories

for the

Minister for Immigration and Ethnic Affairs

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1.   Amendment

1.1   The Migration Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 1.03 (Interpretation)

2.1   Insert the following definition:

“‘net employment benefit’ has the meaning given by regulation 1.12A;”.

3.   New regulation 1.12A

3.1   After regulation 1.12, insert:

Net employment benefit

“1.12A.

If:

• (a)

  an applicant for a visa seeks to enter Australia to undertake an activity individually or in association with a group; and

• (b)

  the Minister is satisfied that the undertaking of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity;

the entry of the applicant to Australia is taken to confer a net employment benefit on Australia.”.

4.   Schedule 2, Part 420 (Entertainment)

4.1   Subclause 420.222 (4):

Omit the subclause, substitute:

“(4)

An applicant meets the requirements of this subclause if:

• (a)

  the applicant seeks to enter Australia:

  • (i)

    as an entertainer under a performing contract that is not related to film or television productionfor one or more specific engagements in Australia(other than non-commercial engagements of a cultural or educational nature); or

  • (ii)

    to support an entertainer or group of entertainers (whether by assisting performance or by personal services) in relation to a performing contract for one or more specific engagements in Australia; or

  • (iii)

    to direct, produce or take some other part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia, being a production, concert or recording that involves the employment of at least one resident of Australia; or

  • (iv)

    as a model or mannequin under contract for advertising or promotional purposes; and

• (b)

  the applicant satisfies the Minister that the activity in Australia in relation to which the application is made will bring a net employment benefit to the Australian entertainment industry.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 September 1994.

2. Statutory Rules 1994 No. 268 as amended by 1994 No. 280.