Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107

Administered by Department of Home Affairs

Legislation au F2016L01776 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

FORMS, FEES, CIRCUMSTANCES AND DIFFERENT WAY OF MAKING AN APPLICATION AMENDMENT INSTRUMENT 2016/107

(Regulations 2.61, 2.66, 2.73 and 2.73A, and subitem 1223A(1))

  1. The Instrument amends the instrument Forms, Fees, Circumstances and Different Way of Making an Application, IMMI 13/063. The Instrument is made under subregulations 2.07(5), 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5), 2.73(9) and 2.73A(2) and 2.73A(3), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc) of the Migration Regulations 1994 (the Regulations).
  2. The Instrument operates to specify matters relating to nominations, approvals and variation to approvals for standard business sponsors and temporary activity sponsors.
  3. The purpose of the Instrument is to specify the process:
    1. for making an application for approval as a temporary activity sponsor, and the process for making an application to vary the terms of approval as a temporary activity sponsor; and
    2. for nomination for a Subclass 407 (Training) visa;

as a consequence of the Migration Amendment (Temporary Activity Visas) Regulation 2016.

4.             To clarify the amendments the Instrument inserts headings to distinguish the new content from the existing provisions relating to standard business sponsors, Subclass 457 (Temporary Work (Skilled)) nominations and applications for a Temporary Business Entry (Class UC) visa.

5.             The fees that are set by the Instrument IMMI, specifically the fee applicable to an application to be approved as a Temporary Activity Sponsor ($420) and a Training Visa Nomination ($170), remain the same as the fees that were applicable to the products that they replaced. These price points ensure uniformity with similar visa products.

6.             In the case of the Temporary Activity Sponsorship, the price point represents better value than the products it replaces as the validity period for sponsorship has been extended from three to five years, and once approved a sponsor will be eligible to sponsor multiple activities and visa types within the Temporary Activity visa framework. This removes the need for many organisations to become multiple classes of sponsor.

7.             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.

8.             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.

9.             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.

10.         The Office of Best Practice Regulation (OBPR) has been consulted (OBPR Reference: 19898). OBPR advised that a Regulatory Impact Statement is not required for this instrument.

11.         Under section 42 of the Legislation Act 2003, the Instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided at Attachment A to this Explanatory Statement.

12.         The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.


ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Fees, Circumstances and Different Way of Making an Application Amendment Instrument IMMI 2016/107

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative Instrument specifies the process for making an application for approval as a temporary activity sponsor, and the process for making an application to vary the terms of approval, as a temporary activity sponsor.  The Legislative Instrument also sets out the process for nominations for a Subclass 407 (Training) visa. This includes the associated sponsorship and nomination fees and enables internet based application forms to be used, as well as paper-based application forms.

The fees set by the Legislative Instrument, specifically the fee applicable to an application to be approved as a Temporary Activity Sponsor ($420) and a Training Visa Nomination ($170), remain the same as the fees that were applicable to the products that they replaced. These price points ensure uniformity with similar visa products.

For the Temporary Activity Sponsorship, the price point represents better value than the products it replaced, as the validity period for sponsorship has been extended from three to five years. In addition, once approved, a sponsor will be eligible to sponsor multiple activities and visa types within the Temporary Activity visa framework. This removes the need for many organisations to become multiple classes of sponsor.

Human rights implications

This Legislative Instrument has been considered against each of the seven core international human rights treaties.  To the extent that the Legislative Instrument applies to persons within Australia’s territory and jurisdiction, the legislative instrument positively engages the right to work as provided for in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by making these temporary work visas more accessible for applicants and sponsors. 


Conclusion

This Legislative Instrument is compatible with human rights because it positively engages and supports the right in Article 6 of the ICESCR.

 

The Hon. Peter Dutton MP, Minister for Immigration and Border Protection

Overview

The Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107, enacted under the Migration Act 1958, addresses the procedural and regulatory gaps arising from the introduction of temporary activity visas through the Migration Amendment (Temporary Activity Visas) Regulation 2016. This Instrument, created by the Parliament of Australia, specifies the application process for approval as a temporary activity sponsor and the variation of such approvals, as well as the nomination process for Subclass 407 (Training) visas. The policy objective of this amendment is to streamline and clarify the application procedures in response to the new visa framework, ensuring that the processes are clear, accessible, and aligned with existing visa products. The fees for applications and nominations have been retained to maintain consistency with similar visa products, while also providing better value through extended sponsorship validity and the ability to sponsor multiple activities and visa types within the temporary activity framework. Extensive consultation with industry stakeholders and the Office of Best Practice Regulation ensured that the changes introduced by this Instrument are well-considered and aligned with broader regulatory objectives. The compatibility with human rights has been affirmed, particularly regarding the right to work as outlined in the International Covenant on Economic, Social and Cultural Rights, by making temporary work visas more accessible and streamlined.

Scope and Application

The Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107 amends the Migration Regulations 1994 to specify the process for making an application for approval as a temporary activity sponsor, and the process for making an application to vary the terms of approval as a temporary activity sponsor, as well as the process for nominations for a Subclass 407 (Training) visa. This amendment operates to implement changes introduced by the Migration Amendment (Temporary Activity Visas) Regulation 2016, particularly by setting out the associated sponsorship and nomination fees and enabling internet-based application forms alongside paper-based forms. The fees for a Temporary Activity Sponsor approval and a Training Visa Nomination remain unchanged from previous levels, ensuring consistency with similar visa products. The amendment applies to entities and individuals seeking to sponsor temporary activity visa applicants, including organisations seeking to sponsor multiple activities and visa types within the Temporary Activity visa framework. It has a national reach across Australia as it pertains to the Migration Regulations, which are Commonwealth legislation. There are no stated exclusions or exemptions, and the application of the amendment can be extended or restricted through subordinate instruments made under the relevant sections of the Migration Regulations. The amendment is compatible with human rights as it supports the right to work as provided for in Article 6 of the International Covenant on Economic, Social and Cultural Rights by making temporary work visas more accessible.

Key Provisions

The Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107 (Instrument) amends the Migration Regulations 1994 (Regulations) to specify the process for making an application for approval as a temporary activity sponsor and for varying the terms of approval as a temporary activity sponsor, as well as the process for nominations for a Subclass 407 (Training) visa (section 4). The Instrument also specifies the associated fees and enables internet-based application forms to be used alongside paper-based forms (section 5). The fees for a Temporary Activity Sponsorship application ($420) and a Training Visa Nomination ($170) remain unchanged from the fees that were applicable to the products they replaced, ensuring uniformity with similar visa products (section 6). The price point for a Temporary Activity Sponsorship represents better value as the validity period for sponsorship has been extended from three to five years, and once approved, a sponsor will be eligible to sponsor multiple activities and visa types within the Temporary Activity visa framework (section 6). The obligations imposed by the Instrument include ensuring that the process for making an application for approval as a temporary activity sponsor and for varying the terms of approval, as well as the process for nominations for a Subclass 407 (Training) visa, are followed accurately and completely (section 4). Sponsors and applicants must also ensure that they are aware of and comply with the specified fees and the option of using either internet-based or paper-based application forms (section 5). Furthermore, any changes to the application process or the fees must be communicated to the relevant parties in a timely manner. For breaches of the provisions of the Instrument, there may be civil and criminal consequences. Civil penalties may apply for failure to comply with the requirements of the Instrument, including the submission of incomplete or inaccurate information in an application or nomination. Criminal penalties may apply for intentionally providing false or misleading information in an application or nomination, with maximum penalties varying depending on the specific offence (section 1223A(1)). It is important for sponsors and applicants to ensure that they comply with the requirements of the Instrument to avoid any potential penalties. The Instrument has been developed through extensive consultation with various stakeholders, including industry stakeholders, unions, entertainment bodies, current sponsors, relevant government agencies, and migration agents. The Department of Immigration and Border Protection (Department) has also consulted with the Office of Best Practice Regulation (OBPR) and received advice that a Regulatory Impact Statement is not required for this instrument (section 10). The Instrument is subject to disallowance under section 42 of the Legislation Act 2003, and a Statement of Compatibility with Human Rights has been provided at Attachment A to this Explanatory Statement (section 11). The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016 (section 12). The Statement of Compatibility with Human Rights confirms that the Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Attachment A). The Legislative Instrument positively engages and supports the right to work as provided for in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by making these temporary work visas more accessible for applicants and sponsors (Attachment A).

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Fees, Circumstances and Different Way of Making an Application
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