EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS FOR REDUCED VISA APPLICATION CHARGE FOR TEMPORARY ACTIVITY (CLASS GG) VISA 2016/117
(subitem 1237(2))
- 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.
- 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.
- 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.
- 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.
- 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. - 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.
- 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.
- 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.
- 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.
- The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.
Overview
The "Migration Regulations 1994" were amended in 2016 to introduce changes to the Temporary Activity (Class GG) visa, with the aim of providing a reduced Visa Application Charge (VAC) for certain classes of persons. This change was implemented through Instrument IMMI 16/117, which was made under subregulation 2.07(5) of the Migration Regulations 1994. The purpose of this Instrument was to specify eligibility for a reduced VAC for the Temporary Activity (Class GG) visa, effective from the commencement of the visa class on 19 November 2016. The retrospective application ensures that only positive effects are felt by applicants, allowing them to benefit from the reduced charge. Prior to the creation of this Instrument, the Department of Immigration and Border Protection undertook extensive consultations with various stakeholders, including government departments, industry representatives, and security agencies, to formulate the new visa framework. The Instrument was exempt from disallowance and a Statement of Compatibility with Human Rights, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
Scope and Application
The Instrument IMMI 16/117 applies to persons who are eligible for a reduced Visa Application Charge (VAC) for a Temporary Activity (Class GG) visa, a subclass introduced under the Migration Amendment (Temporary Activity Visas) Regulation 2016. This subclass is intended to facilitate temporary entry for specific activities such as attending conferences, participating in sports events, or engaging in entertainment activities. The reduced VAC applies retrospectively to those who have applied for the visa from the commencement date of 19 November 2016, thereby providing a positive impact for applicants. The Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994, which allows for the specification of eligibility criteria for reduced charges. The Department of Immigration and Border Protection engaged in extensive consultation with various stakeholders, including government agencies, industry representatives, and migration agents, to develop and refine the visa framework, ensuring it meets the needs of the relevant sectors while maintaining effective oversight and regulation. The Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and as such, a Statement of Compatibility with Human Rights is not required.
Key Provisions
The primary sections of the instrument IMMI 16/117, referenced under subitem 1237(2) of the Migration Regulations 1994, establish the criteria for a reduced Visa Application Charge (VAC) for the Temporary Activity (Class GG) visa. This reduced charge applies to a specific class of persons, aiming to facilitate easier access to the visa for eligible applicants. The instrument was designed to incorporate changes brought about by the Migration Amendment (Temporary Activity Visas) Regulation 2016, effective from the introduction of the visa class on 19 November 2016. The retrospective application ensures that eligible applicants can benefit from the reduced charge as of the visa's commencement date, thereby providing a positive impact for those who apply after this date.
Entities and individuals subject to this regulation must ensure they meet the specified criteria to qualify for the reduced VAC. This involves adhering to the conditions outlined in the instrument, which primarily focus on the type of temporary activity that qualifies for the reduced charge. The Department of Immigration and Border Protection has undertaken extensive consultation with various stakeholders, including industry bodies, government agencies, and migration agents, to ensure the regulations are comprehensive and practical. As such, applicants must be aware of and comply with the eligibility criteria to take advantage of the reduced charge.
Breaches of the provisions outlined in the instrument may result in civil or criminal penalties, depending on the nature and severity of the violation. Although specific penalties are not detailed in the instrument, general provisions under the Migration Act 1958 and related regulations typically include fines and potential imprisonment for serious offences. The instrument exempts itself from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights. This exemption signifies that the instrument has been crafted to align with existing legal frameworks and human rights considerations.