EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/127: ARRANGEMENTS FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS) INSTRUMENT 2017

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

1. The Migration (IMMI 17/127: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2. The instrument repeals the Migration (IMMI 17/039: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 (F2017L00538) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states 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.
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 the instrument is to remove the paper lodgement form for all streams of the Temporary Work (International Relations) (Class GD) visa, unless use of the paper lodgement form is authorised by the Department in circumstances where a systems error prevents online lodgement. As a result, only online lodgement will be available for the Temporary Work (International Relations) (Class GD) visa upon commencement of the instrument, unless otherwise authorised by the Department.

5.             Consultation was undertaken with the Department of Foreign Affairs and Trade (DFAT) and the Department of Employment before the Instrument was made.  DFAT issued formal advice to the Diplomatic Corps on 17 October 2017, via a Third Person Note (PRB No. 351/2017), regarding the change in visa application arrangements for the Temporary Work (International Relations) (Class GD) visa.    

6.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22724).

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 on 18 November 2017.