EXPLANATORY STATEMENT
Issued by a delegate of the Minister
Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025
The instrument, Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025 (LIN 25/092), is made under subparagraph 1236(2)(a)(iv) and subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1 of the Migration Regulations 1994 (Migration 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.
The instrument specifies that certain applicants for Visitor (Class FA) visas and Temporary Activity (Class GG) visas who provide evidence of being invited to participate in the 2025 Virtus World Athletics Championships (the Virtus Championships), have a visa application charge (VAC) of nil.
The Virtus Championships run from 8–15 October 2025. After the Virtus Championships conclude, the instrument self-repeals on 16 October 2025.
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.
The Office of Impact Analysis (OIA) has been consulted in relation to the amendments, advising that detailed analysis is not required under the Australian Government's Policy Impact Analysis Framework. The OIA consultation reference number is OIA25-09799.
The Department of Home Affairs has consulted with the Commonwealth Office for Sport and they support this measure.
The instrument commences on the day after it is registered on the Federal Register of Legislation.
Further details of the instrument are set out in Attachment A.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025
Section 1 – Name of instrument
This section provides that the title of the instrument is the Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025 (LIN 25/092).
Section 2 – Commencement
This section provides the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subparagraph 1236(2)(a)(iv) of Schedule 1 and subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1 of the Migration Regulations 1994 (Migration Regulations).
Section 4 – Definitions
This section sets out definitions for this Instrument.
Section 5 – Visitor (Class FA) Visa
This section specifies the class of persons for which there is visa application charge (VAC) of nil (nil VAC) for the purposes of subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations. These persons are intended participants in the 2025 Virtus World Athletics Championships who are applicants for the Visitor (Class FA) Visa and fall within the criteria specified in the section.
Section 6 – Temporary Activity (Class GG) Visa
This section specifies the class of persons for which there is a nil visa application charge for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations. These persons are intended participants in the 2025 Virtus World Athletics Championships who are applicants for the Temporary Activity (Class GG) Visa and fall within the criteria specified in the section.
Section 7 – Repeals
This section provides that the Instrument LIN 25/092 is repealed on 16 October 2025, the day after the 2025 Virtus World Athletics Championships ends.
Overview
The Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025, enacted under subparagraph 1236(2)(a)(iv) and subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1 of the Migration Regulations 1994, addresses the problem of ensuring that participants in the 2025 Virtus World Athletics Championships can apply for their Visitor (Class FA) and Temporary Activity (Class GG) visas without incurring a visa application charge (VAC). The instrument was introduced by the Parliament of Australia to facilitate the smooth participation of international athletes in the championships, running from 8–15 October 2025. The policy objective is to support the Commonwealth Office for Sport's efforts to host the event by alleviating the financial burden on participants applying for the specified visas. This measure self-repeals on 16 October 2025, the day after the championships conclude.
Scope and Application
The Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025 applies to specific categories of applicants for Visitor (Class FA) visas and Temporary Activity (Class GG) visas who are invited participants in the 2025 Virtus World Athletics Championships. This instrument establishes that these individuals will have a visa application charge of nil for their visa applications. The geographic reach of this legislation is national, impacting all applicants for the specified visas in Australia. The instrument is effective from the day after it is registered on the Federal Register of Legislation and will automatically repeal itself on 16 October 2025, the day after the conclusion of the Virtus Championships. The instrument is made under the authority of subparagraphs 1236(2)(a)(iv) and 1237(2)(a)(i) of the Migration Regulations 1994, and is supported by the Commonwealth Office for Sport. No specific exclusions or exemptions are outlined in the text, and the instrument does not extend or restrict application through subordinate instruments.
Key Provisions
The main operative sections of the Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025 (LIN 25/092) are Sections 5 and 6. These sections provide that certain applicants for Visitor (Class FA) visas and Temporary Activity (Class GG) visas who provide evidence of being invited to participate in the 2025 Virtus World Athletics Championships will have a visa application charge (VAC) of nil (Section 5 and Section 6). This waiver of the visa application charge applies specifically to individuals who meet the criteria set out in the respective sections and are intending participants in the 2025 Virtus World Athletics Championships, which run from 8–15 October 2025.
The obligations and requirements imposed by the Act are primarily concerned with the eligibility criteria for the nil VAC waiver. Specifically, applicants for Visitor (Class FA) visas and Temporary Activity (Class GG) visas must provide evidence that they have been invited to participate in the 2025 Virtus World Athletics Championships to qualify for the waiver. The Act does not impose any additional conditions or requirements beyond this stipulation. It is also important to note that the instrument is set to self-repeal on 16 October 2025, the day after the Championships conclude.
There are no explicit provisions in the instrument that outline offences, penalties, or consequences for breach. However, by virtue of the authority under which the instrument is made, any failure to comply with the conditions set out in the Act could potentially result in the refusal of a visa application or other administrative consequences as per the Migration Regulations 1994. Given the self-repeal nature of the instrument, any non-compliance would be limited to the period before 16 October 2025. The Act does not specify any particular maximum penalties, as these would generally be governed by the broader provisions of the Migration Act 1958 and the Migration Regulations 1994.