EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration and Citizenship
Migration Regulations 1994
Migration (2026 AFC Women’s Asian Cup—Class of Persons for Nil VAC) Instrument 2025
Legislative authority
The instrument, departmental reference LIN 25/116, is made under subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1 and under paragraphs 408.229(b) and (c) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that 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.
An applicant may be eligible for the grant of a Subclass 408 (Temporary Activity) visa (Subclass 408 visa) if they satisfy the requirements in Subclass 408 of Schedule 2 to the Regulations. An applicant who seeks to enter or remain in Australia to undertake work directly associated with an Australian Government endorsed event (AGEE) can do so under clause 408.229 of Schedule 2 to the Regulations. Applicants seeking to enter or remain in Australia for the purposes of an AGEE must be specified in a legislative instrument, and an applicant is in a specified class of persons.
Purpose
The purpose of this instrument is to specify the 2026 AFC Women’s Asian Cup (Women’s Asian Cup) as an AGEE under clause 408.229 of Schedule 2 to the Regulations.
The instrument also specifies the following class of persons for the Women’s Asian Cup:
an AFC delegation member;
a participating team delegation member;
an AFC Commercial Rights Partner;
a Commercial Affiliate, in relation to the event;
any other person participating in or attending the event in an official capacity.
In addition, the instrument provides that any person in this class of persons who seeks to satisfy the primary criteria for a Subclass 408 visa under the AGEE stream is also specified to have a visa application charge (VAC) of nil (that is, no VAC is payable when making a visa application). Specifying these persons as being eligible for a nil VAC implements an immigration support commitment made by the Australian Government for participants of the Women’s Asian Cup.
Details and operation
The instrument commences on 5 November 2025 and is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act). The Women’s Asian Cup will run from 1 to 21 March 2026, and the instrument also provides that it will be self-repealed on 22 March 2026, at the conclusion of the event.
Further details of the instrument are set out in Attachment A.
The Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
Consultation
The Department consulted with Football Australia, the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (Office for Sport), the Department of Prime Minister and Cabinet, and the Women’s Asian Cup local organising committee. The classes of person and other details specified in the instrument accord with and reflect the outcome of this consultation.
Parliamentary scrutiny and other matters
This instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A Statement of Compatibility with Human Rights is therefore not required.
ATTACHMENT A
Details of the Migration (2026 AFC Women’s Asian Cup—Class of Persons for Nil VAC) Instrument 2025
Section 1 – Name of instrument
Section 1 provides that the name of the instrument is the Migration (2026 AFC Women’s Asian Cup—Class of Persons for Nil VAC) Instrument 2025 (LIN 25/116).
Section 2 – Commencement
Section 2 provides that the instrument commences on 5 November 2025.
Section 3 – Authority
Section 3 sets out that the instrument is made under subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1, and paragraphs 408.229(b) and (c) of Schedule 2 of the Migration Regulations 1994.
Section 4 – Definitions
Section 4 sets out definitions of terms used in this instrument.
The note specifies that the expression visa application charge used in this instrument is defined in section 5 of the Migration Act 1958.
2026 AFC Women’s Asian Cup means the quadrennial international football tournament competed by the women’s national teams of the Asian Football Confederation, held by Football Australia between 1 and 21 March 2026 in Perth, Sydney, and the Gold Coast, Australia.
AFC means the Asian Football Confederation.
Local organising committee means Local Organising Committee AFC Women’s Asian Cup 2026 Pty Ltd which is the entity that is responsible for the operational delivery of the 2026 AFC Women’s Asian Cup tournament.
Regulations means the Migration Regulations 1994.
VAC means visa application charge.
Section 5 – Specified event for paragraph 408.229(b)
Clause 408.229 of the Regulations sets out the requirements of applicants applying for Australian Government endorsed event (AGEE), and applies to the applicant if:
- the applicant seeks to enter or remain in Australia to undertake work directly associated with an event; and
- the event is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
- the applicant is in a class of persons specified in the instrument in relation to the event.
Section 5 provides that the 2026 AFC Women’s Asian Cup is the specified event for paragraph 408.229(b) of Schedule 2 to the Regulations.
Section 6 – Specified class of persons for paragraph 408.229(c)
Section 6 specifies the class of persons in relation to the event of the 2026 AFC Women’s Asian Cup (as mentioned in section 5) for the purposes of paragraph 408.229(c) of Schedule 2 to the Regulations.
Applicants must apply for the Subclass 408 visa and have been approved by accreditation by the local organising committee, which is defined under section 4 of this instrument as the Local Organising Committee AFC Women’s Asian Cup 2026 Pty Ltd. Further, these applicants must be any of the following persons:
- an AFC delegation member; or
- a participating team delegation member; or
- an AFC Commercial Rights Partner; or
- a Commercial Affiliate, in relation to the event; or
- any other person participating in or attending the event in an official capacity.
Specifying this class of persons would implement an immigration support commitment made by the Australian Government for the 2026 AFC Women’s Asian Cup.
Section 7 – Visa application charge
Subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations provides that the first instalment of a VAC for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5) is nil.
This section provides that an applicant for a Temporary Activity (Class GG) visa is in a specified class of persons if they seek to satisfy clause 408.229 of Schedule 2 to the Regulations, and is in a class of persons specified in section 6.
The effect is to ensure that a primary applicant for a Subclass 408 visa who is in the class of persons mentioned in section 6 will have a VAC of nil.
Section 8 – Repeal
Section 8 provides that the instrument is repealed on 22 March 2026, being the day after the 2026 Women’s Asian Cup is scheduled to end. This section reflects the purpose of the instrument, which supports arrangements for visa applications by certain persons covered by the instrument in relation to the event.