Overview

The Migration (Class of Persons for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/193 was enacted in 2019 to address a specific gap in the eligibility criteria for a nil Visa Application Charge (VAC) for applicants of Temporary Activity (Class GG) visas. This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 and is a legislative measure by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The policy objective of the instrument is to include certain eligible sponsors or supporters who were not previously covered, specifically Moorilla Estate Pty Ltd in relation to the Mona Foma event, thereby ensuring that eligible applicants under clause 408.229A (entertainment) of Schedule 2 to the Regulations can benefit from a nil VAC. This instrument repeals the previous instrument LIN 18/215, which no longer applies since the Arafura Games have concluded. The instrument was developed following consultations with relevant stakeholders including the Department of Communication and the Arts, Events Tasmania, and Moorilla Estate Pty Ltd.

Scope and Application

The instrument LIN 19/193 is a legislative tool under the Migration Regulations 1994, specifically targeting the class of persons eligible for a nil Visa Application Charge (VAC) for a Temporary Activity (Class GG) visa and Subclass 408 visa. It applies to individuals or entities involved in specific activities, particularly those associated with the Mona Foma event, where the sponsor/supporter is Moorilla Estate Pty Ltd. This instrument, made under subregulation 2.07(5) of the Regulations, ensures that applicants involved in entertainment activities under clause 408.229A of Schedule 2 are eligible for a nil VAC when Moorilla Estate Pty Ltd acts as the sponsor/supporter. The instrument operates within the Commonwealth jurisdiction, administered by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, and it supersedes the previous instrument LIN 18/215 by omitting reference to the Arafura Games, which have concluded. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation, which also determined that a Regulatory Impact Statement was not necessary.

Key Provisions

The main sections of the instrument LIN 19/193 pertain to the Migration Regulations 1994, specifically under subregulation 2.07(5), which sets out the criteria for a nil visa application charge for Temporary Activity (Class GG) visas and Subclass 408 visas (paragraph 1237(2)(a)(i) of Schedule 1). This instrument replaces the previous instrument, LIN 18/215, with new specifications for eligibility of a nil charge under certain conditions. The new instrument, LIN 19/193, now includes Moorilla Estate Pty Ltd as an eligible sponsor for a nil charge for Temporary Activity (Subclass 408) visa applicants participating in the Mona Foma, an arts festival. The instrument excludes references to the Arafura Games, as the event has concluded. The instrument imposes obligations on visa applicants and sponsors. Applicants must ensure that they meet the criteria specified in the instrument to be eligible for a nil visa application charge. They must also ensure that their sponsor is listed as eligible under the new regulations. Moorilla Estate Pty Ltd, as a sponsor, must provide evidence of its contractual arrangements and meet the eligibility criteria specified in the instrument to sponsor applicants for a nil charge. Both parties are required to comply with the terms of the instrument to avoid any penalties or consequences. Breaching the provisions of the instrument may result in civil or criminal consequences. While the instrument does not explicitly state penalties for non-compliance, it is made under the Migration Regulations 1994, which have associated penalties for non-compliance with visa regulations. These penalties can include fines and, in some cases, imprisonment. Additionally, if an applicant or sponsor is found to have provided false information to obtain a visa, this could result in further penalties, including visa cancellation and potential bans on future visa applications. The exact penalties would be determined according to the specific circumstances and the relevant provisions of the Migration Act 1958.