EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2)
1 The instrument, Departmental reference LIN 22/088, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2 The instrument amends Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 (LIN 22/009) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences on registration, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 The purpose of the instrument is to remove references in LIN 22/009 to the Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa (Subclass 403 visa), which is the only subclass for the Temporary Work (International Relations) (Class GD) visa. Prior to the commencement of the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations) on 1 October 2022, the Subclass 403 visa had six streams: the Australian Agricultural Worker stream, Domestic Worker (Diplomatic or Consular) stream, Foreign Government Agency stream, Government Agreement stream, Pacific Australia Labour Mobility (PALM) stream and Privileges and Immunities stream. As the Australian Agricultural Worker stream has been repealed, the stream will no longer be specified in LIN 22/009.
5 Other than the removal of the Australian Agricultural Worker stream, there is no change to the arrangements specified in LIN 22/009 for other streams of the Subclass 403 visa.
6 Further information about the enabling provisions is provided in the explanatory statement to LIN 22/009.
7 The Office of Best Practice Regulation (OBPR) was not consulted in relation to the instrument as OBPR was consulted in relation to the Amendment Regulations, which repeals the Australian Agricultural Worker stream for the Subclass 403 visa. The arrangements specified in the instrument are consequential to the commencement of the Amendment Regulations. The OBPR reference number is 02917.
Details of the instrument
8 Section 1 sets out the name of the instrument.
9 Section 2 provides for the commencement of the instrument on the day after registration.
10 Section 3 provides that LIN 22/009 is amended as set out in Schedule 1.
11 Item 1 of Schedule 1 substitutes the heading of section 5 of LIN 22/009. This substitution removes reference to the Australian Agricultural Worker stream.
12 Item 2 of Schedule 1 omits paragraph 5(1)(a) of LIN 22/009. This removes specification of the Australian Agricultural Worker stream, as it has been repealed by the Amendment Regulations.
Parliamentary scrutiny etc.
13 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because it is an instrument made under Part 2 of the Regulations, which is prescribed by paragraph (b) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
14 The instrument was made by a delegate of the Minister, in accordance with subregulation 2.07(5) and subitem 1234(1) and paragraph 1234(3)(a) of Schedule 1 to the Regulations.
Overview
The Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 was introduced to address the gap left by the repeal of the Australian Agricultural Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa, which was previously part of the Temporary Work (International Relations) (Class GD) visa. This amendment was made under subregulation 2.07(5) of the Migration Regulations 1994 and aligns with subsection 33(3) of the Acts Interpretation Act 1901. The instrument, which comes into effect upon registration, seeks to remove references to the Australian Agricultural Worker stream from the Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022. This change ensures that the legislative framework accurately reflects the current visa arrangements post the repeal of the Australian Agricultural Worker stream by the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022. The objective is to maintain clarity and consistency in the legislative requirements concerning temporary work visas within the international relations context.
Scope and Application
The Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument 2022 (No. 2) modifies the Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) Instrument 2022 to reflect the repeal of the Australian Agricultural Worker stream within the Subclass 403 (Temporary Work (International Relations)) visa. This amendment ensures that the instrument no longer references the repealed stream, thereby streamlining the application process for the remaining streams of the Subclass 403 visa, which include the Domestic Worker (Diplomatic or Consular) stream, Foreign Government Agency stream, Government Agreement stream, Pacific Australia Labour Mobility (PALM) stream, and Privileges and Immunities stream. The instrument, being a legislative instrument under the Legislation Act 2003, is exempt from disallowance and was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with the relevant provisions of the Migration Regulations 1994.
Key Provisions
The Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument 2022 (No. 2) (LIN 22/088) amends the Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 (LIN 22/009). The main change is the removal of references to the Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa (Subclass 403 visa), which has been repealed by the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022. This amendment ensures that the arrangements specified in LIN 22/009 align with the current legislative framework following the repeal of the Australian Agricultural Worker stream.
The amendment to LIN 22/009 under section 3 of LIN 22/088 involves specific modifications to the heading of section 5 and the removal of paragraph 5(1)(a), which pertains to the Australian Agricultural Worker stream. These changes are detailed in Schedule 1 of LIN 22/088. The instrument aims to streamline the application process for the Subclass 403 visa by eliminating outdated references to the now-defunct stream.
Entities and individuals governed by these regulations are required to comply with the updated arrangements specified in LIN 22/009. This includes ensuring that any applications for the Subclass 403 visa do not reference the Australian Agricultural Worker stream, as it no longer exists. The amendment ensures that all visa applications are aligned with the current legal framework and that applicants meet the necessary criteria for the remaining streams of the Subclass 403 visa.
The Migration Regulations 1994, under which LIN 22/088 is made, do not specify any particular offences or penalties for non-compliance with the amended arrangements. However, failure to adhere to the requirements for visa applications could result in the rejection of an application or other administrative consequences. It is important for applicants and relevant authorities to ensure compliance with the updated provisions to avoid any potential issues with visa processing.
LIN 22/088 is exempt from disallowance under section 42 of the Legislation Act 2003, as it is an instrument made under Part 2 of the Migration Regulations 1994. This exemption is due to the instrument being prescribed by paragraph (b) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. The instrument was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with subregulation 2.07(5) and subitem 1234(1) and paragraph 1234(3)(a) of Schedule 1 to the Regulations.