EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Australian Government Endorsed Event — 2024 ASEAN-Australia Special Summit) Instrument (LIN 23/084) 2023
- The instrument, departmental reference LIN 23/084, is made by a delegate of the Minister, acting under the following provisions of the Migration Regulations 1994 (the Migration Regulations):
(a) subregulation 2.07(5) (for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1); and
(b) paragraph 408.229(b) of Schedule 2 (for the purposes of paragraphs 408.229(b) and 408.229(c) of Schedule 2).
2. The instrument commences on 9 December 2023 and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
3. One of the criteria for a Subclass 408 (Temporary Activity) visa, set out at clause 408.229 in Schedule 2 to the Migration Regulations, is that the applicant seeks to enter or remain in Australia to undertake work directly associated with an event that is specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b).
4. In addition, the applicant must be in a class of persons specified in the instrument in relation to the event (paragraph 408.229(c)).
5. The purpose of the instrument is to specify the 2024 ASEAN-Australia Special Summit (the Summit) as an event for the purpose of paragraph 408.229(b). The Summit will be the second ASEAN-Australia Special Summit held in Australia.
6. The purpose of the instrument is to ensure that individuals accredited by the Department of the Prime Minister and Cabinet to attend the Summit may apply for a Subclass 408 (Temporary Activity) visa with a nil visa application charge, and may be eligible for the grant of the visa if they seek to enter or remain in Australia to undertake work directly associated with the Summit.
7. The purpose of the Summit is to commemorate the 50th anniversary of ASEAN-Australia Dialogue Relations, to facilitate greater collaboration with the Invested: Australia’s Southeast Asia’s Economic Strategy to 2040, and to demonstrate Australia’s ongoing commitment to deepening engagement with Southeast Asia.
Details of the instrument
8. Section 1 of the instrument provides that the name of the instrument is the Migration (Australian Government Endorsed Event — 2024 ASEAN-Australia Special Summit) Instrument (LIN 23/084) 2023.
9. Section 2 of the instrument provides that the instrument commences on 9 December 2023.
10. Section 3 of the instrument provides that it is made under subregulation 2.07(5) of the Migration Regulations and paragraph 408.229(b) of Schedule 2 to the Migration Regulations.
11. Section 4 of the instrument provides for definitions used in the instrument.
12. Section 5 of the instrument specifies the Summit for the purpose of paragraph 408.229(b) of Schedule 2 to the Migration Regulations.
13. Section 6 of the instrument specifies a class of persons for the purpose of paragraph 408.229(c) of Schedule 2 to the Migration Regulations. An applicant for a Subclass 408 (Temporary Activity) visa is in a class of persons for paragraph 408.229(c) if they are accredited by the Department of the Prime Minister and Cabinet to attend the Summit. Accredited individuals may include persons from a wide range of cohorts, including, but not limited to, persons attending from the ASEAN member-states and international media.
14. Section 7 of the instrument specifies a class of persons for whom there is no first instalment of the visa application charge (VAC) for a Subclass 408 (Temporary Activity) visa, for the purposes of paragraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations. The effect of section 7 of the instrument is that the VAC is nil for individuals accredited by the Department of the Prime Minister and Cabinet to attend the Summit.
15. Section 8 of the instrument provides that the instrument is repealed on 10 March 2024.
Consultation
16. The Department of Home Affairs (the Department) has undertaken consultation with the Department of the Prime Minister and Cabinet, the Department of Finance and the Department of the Treasury.
17. The Office of Impact Analysis (OIA) was also consulted and considered that the instrument dealt with matters of a minor or machinery nature and no regulatory impact statement was required. The OIA reference number is OIA23-06110.
Parliamentary scrutiny etc.
18. The instrument is exempt from disallowance under section 44 of the Legislation Act. This is because instruments made under Part 2 of and Schedule 2 to the Migration Regulations are prescribed as exempt by item 20(b) of the table at section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
19. This instrument commences on 9 December 2023. The instrument will be repealed on 10 March 2024, upon conclusion of the Summit.