EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS FOR REDUCED VISA APPLICATION CHARGE FOR TEMPORARY ACTIVITY (CLASS GG) VISA 2016/117

(subitem 1237(2))

1. Instrument IMMI 16/117 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of subparagraph 1237(2)(a)(iii) of Schedule 1 to the Regulations.
2. The Instrument’s operation is to specify the class of persons eligible for a reduced Visa Application Charge (VAC) for a Temporary Activity (Class GG) visa.
3. The Instrument’s purpose is to incorporate the changes to the Regulations which are given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
4. The retrospective application of the Instrument is to provide for a class of persons who may pay a reduced visa application charge for the Temporary Activity (Class GG) visa from the commencement of the visa class on 19 November 2016. In this way, the retrospectivity has only a positive affect for applicants.
5. Prior to making the Instrument, the Department of Immigration and Border Protection (the Department) undertook consultation with the Department of Health, the
   Attorney-General’s Department’s Office of Sport, the Australian Security Intelligence Organisation, entertainment industry stakeholders, and organisers of the 2018 Gold Coast Commonwealth Games.
6. The Department also consulted extensively in developing the new visa framework. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework.
7. Adjacent to this review, the Department and the Ministry for the Arts undertook a joint review of the Entertainment (subclass 420) visa and released a discussion paper on 12 January 2015, which provided an overview of a range of deregulation opportunities and proposed changes to longstanding VAC concessions. Sixty-three key stakeholders, including unions, entertainment bodies, current sponsors, relevant government agencies and migration agents were advised of the review. The department met with a number of stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.
8. The Office of Best Practice Regulation (OBPR) has been consulted (OBPR Reference: 19898). OBPR advised that a Regulatory Impact Statement is not required for the Instrument.
9. 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.
10. The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.