EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS FOR TEMPORARY WORK (INTERNATIONAL RELATIONS) (CLASS GD) VISA 2016/110
(subparagraph 1234(2)(a)(i))
- Instrument IMMI 16/110 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of subparagraph 1234(2)(a)(i) of Schedule 1 to the Regulations.
- The Instrument revokes IMMI 16/032 (F2016L00576) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The Instrument relates to the requirements for making an application for a Temporary Work (International Relations) (Class GD) visa, contained in Item 1234 of Schedule 1 to the Regulations, have been amended by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The purpose of the Instrument is to specify matters for the making of an application for a Temporary Work (International Relations) (Class GD) visa for the amended Regulations.
- The operation of the Instrument is for the Minister to specify the first instalment of the visa application charge for the specified class of persons.
- Extensive consultation was undertaken for the development of the new visa framework for temporary activity visas that is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
- The Department of Immigration and Border Protection (the Department) 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.
- 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 enacted to provide a legislative framework for the administration of Australia's migration laws, with various amendments made over the years to address evolving needs and policy objectives. One such amendment, the Migration Amendment (Temporary Activity Visas) Regulation 2016, introduced a new visa category, the Temporary Work (International Relations) (Class GD) visa, aimed at facilitating the temporary entry of skilled workers in specific sectors to engage in activities that benefit Australia's international relations. This regulation was developed through extensive consultation with industry stakeholders and government agencies, reflecting a policy objective to streamline the visa application process and address skill shortages in particular areas.
The Instrument IMMI 16/110, made under the Migration Regulations 1994, revokes an earlier instrument, IMMI 16/032, to specify the visa application charge for the new Temporary Work (International Relations) (Class GD) visa, reflecting the updated requirements post the 2016 amendment. This legislative instrument was developed following consultations that sought to enhance the efficiency and effectiveness of the visa framework, ensuring it aligns with current economic and diplomatic needs. The instrument exempts from disallowance, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and thus does not require a Statement of Compatibility with Human Rights.
Scope and Application
The Instrument IMMI 16/110 pertains to the requirements for making an application for a Temporary Work (International Relations) (Class GD) visa, as specified in Item 1234 of Schedule 1 to the Migration Regulations 1994. This Instrument revokes IMMI 16/032 and is made to align with the changes introduced by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The Instrument applies to individuals seeking to obtain a Temporary Work (International Relations) (Class GD) visa and is made under subregulation 2.07(5) of the Migration Regulations 1994. It is applicable nationally across Australia, covering all persons who are eligible for the specified visa class, including those from designated countries involved in international relations activities. The Instrument is exempt from disallowance as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and hence, a Statement of Compatibility with Human Rights is not required. The Instrument comes into effect immediately following the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.
Key Provisions
The primary operative sections of this Instrument (subparagraph 1234(2)(a)(i)) relate to the requirements for making an application for a Temporary Work (International Relations) (Class GD) visa (Item 1234 of Schedule 1 to the Migration Regulations 1994). This Instrument specifies matters for the making of an application for this visa in light of the amendments made by the Migration Amendment (Temporary Activity Visas) Regulation 2016. These sections focus on the charge structure for the visa application and the process for determining the first instalment of the visa application charge, as specified by the Minister under the new regulations. This is intended to ensure that applicants are fully aware of the financial obligations associated with their visa application.
The obligations imposed by this Instrument primarily concern the requirements for applicants to provide certain information and to pay the specified visa application charge. Applicants must provide all necessary information as specified in the amended Regulations, which now include details for the first instalment of the visa application charge. This requirement ensures that the Department of Home Affairs can process applications efficiently and accurately. Additionally, applicants must adhere to the charge structure specified by the Minister, which includes the first instalment of the visa application charge. This is crucial for the Department to manage and allocate resources effectively in processing temporary work visas.
Breaches of the requirements set out in this Instrument can lead to various consequences. For instance, failure to provide the required information or pay the specified visa application charge may result in the application being rejected. In cases where applicants deliberately provide false information or evade payment of the visa application charge, they may face more severe consequences, including potential prosecution. Under the Migration Act 1958, penalties for providing false or misleading information can include fines of up to $22,200 or imprisonment for up to three years, or both. These provisions are designed to ensure compliance and integrity in the visa application process.