EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 18/030: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2018
(subregulation 2.07(5), paragraph 408.229(b) of Schedule 2 and paragraph 408.229(c) of Schedule 2)
- The instrument, IMMI 18/030, is made under subregulation 2.07(5) of Schedule 2, and paragraphs 408.229(b) and 408.229(c) of Schedule 2 to, the Migration Regulations 1994 (the Regulations).
2. The instrument is made by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection. The instrument making power is delegated to all Senior Executive Service, Band One officers of Immigration & Citizenship Services Division under Minister – Delegations Instrument No. 5 of 2018 (Instrument Making Powers (MHA No. 5 of 2018).
3. The instrument repeals the instrument Migration (IMMI 17/130: 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.
4. The instrument operates 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).
5. The purpose of instrument IMMI 18/030 is to:
(a) clarify the definition of ‘accredited participant in the Invictus Games’ to reference the ‘Australian International Military Games’ rather than the ‘Australian Military International Games’; and
(b) update the specified class of persons for paragraph 1237(2)(a)(i) of Schedule 1 to the Regulations to include DarkLab Pty Ltd where the sponsorship or support relates to the Dark Mofo Festival; and
(c) provide that applicants are specified for the purposes of 1237(2)(a)(i) only if they engage in entertainment activities that are organised by, or on behalf of, the specified eligible sponsor or eligible supporter. Consultation occurred to insert this change prior to making IMMI 17/130. The amendment was intended to be made in IMMI 17/130, however this requirement was missed in the original draft; and
(d) remove redundant references to the Gold Coast 2018 Commonwealth Games which concluded 15 April 2018.
6. Before this instrument was made, consultation was undertaken with DarkLab Pty Ltd concerning their eligibility for a nil Visa Application Charge for the Temporary Activity (Subclass 408) visa for entertainers seeking to perform at the Dark Mofo Festival. DarkLab Pty Ltd has provided evidence of their consultation and contractual arrangements with the Tasmanian State Government and Tourism Tasmania relating to the organisation and funding of the Dark Mofo Festival.
7. The Office of Best Practice Regulation (OBPR) have 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. The instrument IMMI 18/030 commences on the day after registration on the Federal Register of Legislation.