Migration (Class of Persons for Nil VAC for Subclass 408 (Temporary Activity) – Brisbane 2032 Olympic and Paralympic Games) Instrument 2025

Administered by Department of Home Affairs

Legislation au F2026L00008 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Assistant Minister for Immigration

Migration Regulations 1994

Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025

  1.          The instrument Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Migration Regulations) for subparagraph 1237(2)(a)(i) of Schedule 1 and paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Migration Regulations.
  2.          The instrument commences on 21 January 2026. The instrument is a legislative instrument for the purposes of Legislation Act 2003 (the Legislation Act).

Purpose

  1.          An applicant may be eligible for the grant of a Subclass 408 (Temporary Activity) visa (Subclass 408 visa) if they satisfy all of the common criteria and one of the alternative criteria in Subdivision 408.22 of Schedule 2 to the Migration Regulations. Clause 408.229 of Schedule 2 to the Migration Regulations provides the criteria for an applicant who seeks to enter or remain in Australia to undertake work directly associated with an Australian Government endorsed event (AGEE). An AGEE must be specified by a legislative instrument, and an applicant for a Subclass 408 visa who is seeking to satisfy clause 408.299 must be in a specified class of persons.
  2.          The purpose of the instrument is to specify the Brisbane 2032 Olympic and Paralympic Games as an AGEE under paragraph 408.229(b) of Schedule 2 to the Migration Regulations.
  3.         The instrument provides that a person is in a specified class of persons under paragraph 408.229(c) of Schedule 2 to the Migration Regulations if they are approved for accreditation by the Organising Committee, and they are a member or personnel of any of the following:
  • the International Olympic Committee (IOC);
  • IOC Controlled entities;
  • National Olympic Committees;
  • International Federations;
  • Rights-Holding Broadcasters;
  • the Official Timekeeper;
  • IOC Marketing Partners;
  • Media.
  1.          The instrument also provides that any person in this class of persons who seeks to satisfy the primary criteria for the Subclass 408 visa under the AGEE stream is specified to have a visa application charge (VAC) of nil. That is, no VAC is payable when making a visa application.
  2.          The instrument gives effect to the Australian Government’s commitments to the President of the International Olympic Committee (IOC) for participants of the Brisbane 2032 Olympic and Paralympic Games.
  3.          This instrument is covered by the exemption from disallowance provided by table item 20(b) of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A Statement of Compatibility with Human Rights is therefore not required.
  4.          The instrument commences on 21 January 2026. The instrument will self-repeal on 6 September 2032, being the day after the end of the Brisbane 2032 Olympic and Paralympic Games.

Consultation

  1.      The Department of Home Affairs has consulted with the Department of Infrastructure, Transport, Regional Development, Communications, Sports and the Arts (Office for Sport) and the Department of the Prime Minister and Cabinet in relation to the implementation of this measure.
  2.      As the instrument is exempt from disallowance, under paragraph 15J(2)(f) of the Legislation Act a Statement of Compatibility with Human Rights is not required.

Details of Migration (Class of Persons for Nil VAC for Subclass 408 Visas – Brisbane 2032 Olympic and Paralympic Games) Instrument (LIN 25/120) 2025

  1.      Section 1 of the instrument provides that the title of the instrument is the Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025.
  2.      Section 2 of the instrument provides that the instrument commences on 21 January 2026.
  3.      Section 3 of the instrument provides 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 408.229(c) of Schedule 2 to the Migration Regulations.
  4.      Section 4 sets out definitions of terms used in this instrument:
  • Brisbane 2032 Olympic and Paralympic Games is defined to mean the 2032 Olympic and Paralympic Games being hosted by Brisbane, Australia from 23 July 2032 to 5 September 2032.
  • Organising Committee is defined to mean the Brisbane Organising Committee for the 2032 Olympic and Paralympic Games (ABN: 49 672 341 604), which is the entity responsible for the organisation and operational delivery of the 2032 Games.
  • Regulations means the Migration Regulations 1994.
  • VAC means the visa application charge, which is a term defined in section 5 of the Migration Act.
  1.      Section 5 of the instrument specifies the Brisbane 2032 Olympic and Paralympic Games as an event for the purposes of paragraph 408.229(b) of Schedule 2 to the Migration Regulations.
  2.      Division 408.2 of Schedule 2 to the Migration Regulations sets out the primary criteria for the AGEE stream of a Subclass 408 visa. To be eligible for the grant of a Subclass 408 visa, an applicant seeking to satisfy the primary criteria must satisfy all of the common criteria set out in Subdivision 408.21 of Schedule 2 to the Migration Regulations, and one of the alternative criteria in Subdivision 408.22.
  3.      Paragraph 408.229 sets out the alternative criteria for applicants for the 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.
  1.      Section 6 of the instrument specifies the classes of persons in relation to the event of the Brisbane 2032 Olympic and Paralympic Games (as mentioned in section 5 of the instrument) for the purposes of paragraph 408.229(c) of Schedule 2 to the Migration Regulations.
  2.      These persons must be an applicant for the Subclass 408 visa and have been approved for accreditation by the Organising Committee (which is defined in section 4 of the instrument). In addition, the persons must be a member or personnel of one of the following:
  • the International Olympic Committee (IOC);
  • IOC Controlled entities;
  • National Olympic Committees;
  • International Federations;
  • Rights-Holding Broadcasters;
  • the Official Timekeeper;
  • IOC Marketing Partners; and
  • Media.
  1.      Specifying this class of persons implements the Australian Government’s commitment to provide immigration support for participants of the Brisbane 2032 Olympic and Paralympic Games.
  2.      Section 7 of the instrument provides that a primary applicant for a Subclass 408 visa in the AGEE stream who is in a class of persons specified in section 6 will also be in a class of persons specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations. The effect of section 7 is that the applicable VAC is nil for that class of persons.
  3.      Section 8 of the instrument provides that the instrument is repealed on 6 September 2032, the day after the Brisbane 2032 Olympic and Paralympic Games end.

Parliamentary scrutiny etc. 

  1.      The instrument is exempt from disallowance under section 44 of the Legislation Act. This is because instruments made under Schedule 1 of the Migration Regulations are exempt from disallowance under table item 20(b) in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
  2.      The instrument was made by Matt Thistlethwaite, Assistant Minister for Immigration under subregulation 2.07(5), subparagraph 1237(2)(a)(i) of Schedule 1 and under paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Migration Regulations.
  3.      The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.