Overview

The Migration (IMMI 17/096: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 was enacted to address specific needs related to the Temporary Activity (Class GG) visa and the Subclass 408 (Temporary Activity) visa. This instrument was made under the authority of subregulation 2.07(5) of the Migration Regulations 1994 and paragraphs 408.229(b) and 408.229(c) of Schedule 2, providing the Minister with the power to specify classes of persons and events relevant to these visas. It effectively repeals the earlier instrument, Migration (IMMI 17/007: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017, in line with the provisions of the Acts Interpretation Act 1901. The primary objective of this instrument is to update the list of specified persons and events, ensuring that delegates accredited by the Department of Prime Minister and Cabinet to attend the ASEAN Australia Special Summit 2018 are included in the class of persons exempt from the first instalment of the visa application charge for a Temporary Activity (Class GG) visa and are also eligible under the Australian Government Endorsed Event pathway for a Subclass 408 (Temporary Activity) visa with no visa application charge.

Scope and Application

The Migration (IMMI 17/096: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 operates under the authority of the Migration Regulations 1994 and updates certain aspects of visa application charges and specified events for the Temporary Activity (Class GG) visa and the Subclass 408 (Temporary Activity) visa. This instrument primarily affects individuals and entities involved in specific temporary activities or events endorsed by the Australian Government, particularly those attending the ASEAN Australia Special Summit 2018. The instrument specifies that there will be no first instalment of the visa application charge for accredited delegates attending the Summit and updates the list of Australian Government endorsed events to include this summit. Additionally, it removes the participant in the Rugby League World Cup Festival of World Cups from the class of persons eligible for a nil visa application charge for a Temporary Activity visa. This instrument applies nationally across Australia, and it does not specify any exclusions or exemptions beyond the outlined provisions. Subordinate instruments may further extend or restrict its application.

Key Provisions

The primary operative sections of the Migration (IMMI 17/096: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 (section 2.07(5) of the Migration Regulations 1994 and paragraphs 408.229(b) and 408.229(c) of Schedule 2) serve to update the specified class of persons exempt from the first instalment of the visa application charge for a Temporary Activity (Class GG) visa. This update includes delegates accredited by the Department of Prime Minister and Cabinet attending the ASEAN Australia Special Summit 2018, while removing participants in the Rugby League World Cup Festival of World Cups. For a subclass 408 (Temporary Activity) visa, the specified Australian Government endorsed events are updated to include the ASEAN Australia Special Summit 2018, with a corresponding update to the class of persons, including delegates accredited by the Department of Prime Minister and Cabinet attending the summit. The obligations and requirements imposed by this instrument are primarily administrative and informational. It mandates the inclusion of specific delegates attending the ASEAN Australia Special Summit 2018 in the updated class of persons exempt from the first instalment of the visa application charge for the Temporary Activity (Class GG) visa. Additionally, the instrument requires the inclusion of the summit as a specified Australian Government endorsed event for subclass 408 visas, along with the inclusion of accredited delegates. These updates ensure that the specified visa provisions align with the current needs of the Department of Prime Minister and Cabinet and other relevant authorities. The instrument also addresses the repeal of a previous instrument, Migration (IMMI 17/007: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017, in line with the powers conferred by subsection 33(3) of the Acts Interpretation Act 1901. This repeal is necessary to remove outdated or redundant provisions and to ensure the regulations remain current and relevant. The instrument's commencement is set for the day after its registration on the Federal Register of Legislation, ensuring timely application of the updated provisions. In terms of potential consequences for non-compliance, the instrument itself does not detail specific penalties or offences. However, any breaches of the broader Migration Regulations 1994, under which this instrument is made, may result in civil or criminal penalties as outlined in the principal Act. The maximum penalties for breaches of the Migration Act can include substantial fines and, in some cases, imprisonment, depending on the nature and severity of the offence. It is important for parties governed by these regulations to adhere to the updated provisions to avoid any potential legal repercussions.