EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/019: ARRANGEMENTS FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS) INSTRUMENT 2017

(Items 1212B, 1217, 1231, 1234, 1237 and 1238)

1. Instrument IMMI 17/019 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1212B, 1217, 1231, 1234, 1237 and 1238 of Schedule 1 to the Regulations.
2. The Instrument repeals IMMI 16/112 (F2016L01782) under subregulations 2.07(5) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states 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.
3. The Instrument operates to specify the approved forms, classes of applicants, and the place and manner for making an application for the following visas:

a)      Investor Retirement (Class UY) visa;

b)     Retirement (Temporary) (Class TQ) visa;

c)      Temporary Work (Short Stay Specialist) (Class GA) visa;

d)     Temporary Work (International Relations) (Class GD) visa;

e)      Temporary Activity (Class GG) visa; and

f)       Training (Class GF) visa.

4.             The Instrument specifies the forms, classes of applicants and the place and manner for making an application that were specified in the repealed instrument IMMI 16/112. The purpose of this Instrument is to specify forms 1481 and 1481 (Internet) as the approved forms for a subsequent entrant applicant for a Temporary Work (Short Stay Specialist) (Class GA) visa, a Temporary Work (International Relations) (Class GD) visa, a Temporary Activity (Class GG) visa and a Training (Class GF) visa. The specification of these forms allows a member of the family unit to make an application to join a primary visa holder who has already been granted a relevant visa.

5.             The Department of Immigration and Border Protection (the Department) has undertaken to streamline temporary activity visas. This change was given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The matters specified in this instrument give effect to the policy intent of the new visa framework for temporary activity visas.

6.             In developing the new visa framework, the Department consulted extensively. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework. The Department met with stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.

7.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898).

8.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

9.             This instrument commences the day after it is registered on the Federal Register of Legislation.