EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/039: ARRANGEMENTS FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS) INSTRUMENT 2017

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

1. Instrument IMMI 17/039 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of items 1212B, 1217, 1231, 1234, 1237 and 1238 of Schedule 1 to the Regulations.
2. The instrument repeals IMMI 17/019 (F2017L00131) 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 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 purpose of this instrument is to add an address of the Department of Immigration and Border Protection as the place to which applications must be made for a Temporary Work (International Relations) (Class GD) visa where the applicant is seeking to satisfy the criteria for Subclass 403 (Temporary Work (International Relations)) in the Seasonal Worker Program stream. The instrument specifies that these applications must be posted or delivered to the Specialist Temporary Entry Centre in the Department’s Hobart office. Specifying a centralised location for these applications will assist in streamlining the application process.

5.             As this is an administrative change only to correctly align with policy, and was inadvertently missed from the previous instrument (IMMI 17/019), consultation has not been undertaken as this will only have minimal impacts on applicants.

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

7.             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.

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