Migration (IMMI 17/130: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017

Administered by Department of Home Affairs

Legislation au F2018L00004 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 17/130: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017

(subregulation 2.07(5) and paragraphs 408.229(b) and 408.229(c) of Schedule 2)

  1. Instrument IMMI 17/130 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) and paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Regulations.
  2. The instrument repeals the instrument Migration (IMMI 17/096: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act).  The Interpretation Act 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. Subaragraph 1237(2)(a)(i) of Schedule 1 to the Regulations allows the Minister to specify, in a legislative instrument, a class of persons for whom the first instalment of the visa application charge is nil. 
  4. Subregulation 408.229 of Schedule 2 to the Regulations provides that an applicant seeking to satisfy the primary criteria for a Subclass 408 (Temporary Activity) Visa, because of their involvement in an Australian Government endorsed event, must be seeking to enter or remain in Australia to undertake work directly associated with an event that has been specified in a legislative instrument, and must be in a class of persons specified by Minister in a legislative instrument in relation to the event.


5.      The instrument operates for the Minister to:

(a)   specify, for the purposes of paragraph 1237(2)(a)(i) of Schedule 1 to the Regulations, a class of persons for whom there is no first instalment of the visa application charge for a Temporary Activity (Class GG) visa; and

(b)   specify, for the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, an event that is an Australian Government endorsed event for the purposes of a Subclass 408 (Temporary Activity) visa; and

(c)   specify, for the purposes of paragraph 408.229(c) of Schedule 2 to the Regulations, classes of persons in relation to the events specified for paragraph 408.229(b).

6.      The purpose of instrument IMMI 17/130 is to update both the specified class of persons for paragraph 1237(2)(a)(i) of Schedule 1 to the Regulations, and the specified class of persons for paragraph 408.229(c) of Schedule 2 to the Regulations, to remove an accredited participant in the Rugby League World Cup 2017 and to include a person:

(a)   who is accredited by the Australian Military International Games to participate in the Invictus Games Sydney 2018 (Invictus Games), and

(b)   who is:

  1. an Invictus Games 2018 participating nations team member, including:  competitors ; team managers; family and friends program managers; coaches; team officials; interpreters and translators; medical staff; support staff; and military media personnel; or
  2. a spouse, de facto partner, parent, sibling, child or friend of a competitor; or
  3. an Invictus Games Foundation delegation member or the spouse, de facto partner or child of an Invictus Games Foundation delegation member; or
  4. an Invictus Games specialist staff member.
  1. The purpose of this instrument is also to update, for the purposes of paragraph 408.229(c) of Schedule 2, the specified Australian Government endorsed events (AGEE) for a Subclass 408 (Temporary Activity) visa. This instrument removes the Rugby League World Cup 2017 as an AGEE and includes the Invictus Games as an AGEE.
  2. Before this instrument was made, consultation was undertaken with the Australian Military International Games (specifically the local organising committee), and with the Office for Sport in the Commonwealth Department of Health. The Office for Sport was provided with advice on various visa options available and requested use of the Subclass 408 (Temporary Activity) visa under the Australian Government Endorsed Event pathway with a nil VAC for accredited participants of the Invictus Games.
  3. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22927).
  4. 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.
  5. The instrument IMMI 17/130 commences on the day after it is registered on the Federal Register of Legislation.

Overview

The Migration (IMMI 17/130: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 was enacted to amend the Migration Regulations 1994 by specifying the class of persons and events eligible for certain temporary activity visas. This legislative instrument, created under the authority of the Migration Act 1958, was introduced to address the need for updated eligibility criteria for visa applicants involved in specific Australian Government endorsed events. The instrument, made by the Minister for Immigration and Border Protection, allows the Minister to specify classes of persons and events for whom or which the first instalment of the visa application charge is nil, and who may enter Australia to participate in these endorsed events. The policy objective is to facilitate the entry of participants and related personnel for major endorsed events, ensuring streamlined and efficient visa processes for these activities.

Scope and Application

The Migration (IMMI 17/130: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 applies to the Minister for Immigration and Border Protection under the Migration Regulations 1994. It serves to specify particular classes of persons and events for the purposes of the Class GG visa and Subclass 408 (Temporary Activity) visa, including the exemption of certain classes of persons from the first instalment of the visa application charge. This instrument replaces an earlier instrument, the Migration (IMMI 17/096: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017, and applies on a national level across Australia. It removes the Rugby League World Cup 2017 as an Australian Government endorsed event and includes the Invictus Games Sydney 2018, with specified classes of persons eligible for the visa exemptions. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights.

Key Provisions

The key operative sections of the Migration Regulations 1994, specifically in subregulation 2.07(5) and paragraphs 408.229(b) and 408.229(c) of Schedule 2, are amended by Instrument IMMI 17/130. This instrument allows the Minister to specify classes of persons for whom the first instalment of the visa application charge is nil for a Temporary Activity (Class GG) visa, and to identify Australian Government endorsed events and associated classes of persons eligible for a Subclass 408 (Temporary Activity) visa. This instrument updates the list of eligible events and classes of persons by removing the Rugby League World Cup 2017 and adding the Invictus Games Sydney 2018, alongside the relevant categories of participants and their affiliates. The obligations and requirements imposed by the Act on parties or entities it governs include the specification of classes of persons eligible for a nil first instalment of the visa application charge and the identification of Australian Government endorsed events. For applicants seeking a Subclass 408 (Temporary Activity) visa, they must demonstrate their involvement in a specified event and belong to a class of persons identified by the Minister. This ensures that only those directly associated with endorsed events can apply under this visa subclass. The Act outlines offences, penalties, and consequences for breaches, although the specific details of these penalties are not provided in the text. Typically, breaches of migration regulations can result in civil or criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. The precise penalties would be outlined in other sections of the Migration Regulations 1994 or related legislation, but the text does not specify these. Additionally, the instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning no Statement of Compatibility with Human Rights is required. This instrument commences on the day after its registration on the Federal Register of Legislation, ensuring its immediate application and effect.

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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.