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.
Overview
The Migration (IMMI 18/030: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2018 was enacted to address several issues and gaps within the Migration Regulations 1994. This instrument was made by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection and operates to specify classes of persons and events for certain visa categories. Specifically, it aims to clarify the definition of 'accredited participant in the Invictus Games', update the class of persons for certain visa exemptions, and remove redundant references to the Gold Coast 2018 Commonwealth Games. The instrument also rectifies an oversight in a previous instrument by including DarkLab Pty Ltd as an eligible sponsor for the Dark Mofo Festival. The policy objective is to ensure the correct application of visa charges and exemptions while providing clarity and precision in the regulatory framework.
Scope and Application
The Migration (IMMI 18/030: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2018 applies to individuals or entities involved in the temporary activity visa arrangements under the Migration Regulations 1994. Specifically, it pertains to the Class GG visa and Subclass 408 visa, which are designed for temporary activities in Australia. The instrument identifies particular classes of persons eligible for certain conditions, such as the exemption from the first instalment of the visa application charge for the Class GG visa, and specifies certain events that qualify as Australian Government endorsed events for the Subclass 408 visa. The instrument also includes amendments to reflect changes in terminology and to correct omissions from a previous instrument. It operates nationally across Australia, given its foundation under the Commonwealth Migration Regulations. The instrument excludes itself from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation. This instrument also includes the power to repeal or amend previous related instruments, illustrating the dynamic nature of migration regulation in Australia.
Key Provisions
The IMMI 18/030 instrument specifies certain provisions related to the Temporary Activity (Class GG) visa and Subclass 408 (Temporary Activity) visa under the Migration Regulations 1994. Section 4 of the instrument specifies that there is no first instalment of the visa application charge for a Temporary Activity (Class GG) visa for a particular class of persons (paragraph 1237(2)(a)(i) of Schedule 1 to the Regulations). It also specifies an event that is an Australian Government endorsed event for the purposes of a Subclass 408 (Temporary Activity) visa (paragraph 408.229(b) of Schedule 2 to the Regulations) and the classes of persons in relation to the specified events (paragraph 408.229(c) of Schedule 2 to the Regulations).
The IMMI 18/030 instrument imposes several obligations on the parties it governs. Firstly, it clarifies the definition of ‘accredited participant in the Invictus Games’ to reference the ‘Australian International Military Games’ instead of the ‘Australian Military International Games’. Secondly, it updates the class of persons eligible for a nil Visa Application Charge for the Temporary Activity (Subclass 408) visa to include DarkLab Pty Ltd where the sponsorship or support relates to the Dark Mofo Festival. Thirdly, it specifies that applicants are eligible for a nil Visa Application Charge only if they engage in entertainment activities organised by, or on behalf of, the specified eligible sponsor or supporter. Additionally, the instrument removes redundant references to the Gold Coast 2018 Commonwealth Games.
Breaching the provisions of this instrument could result in legal consequences. However, the explanatory statement does not explicitly outline the penalties or consequences for non-compliance. It is likely that penalties would be determined by the specific regulations and legislative framework under which the instrument operates, such as the Migration Act 1958 or the Migration Regulations 1994. It is advisable to consult the relevant legislation or seek legal advice for detailed information regarding penalties and consequences for breach.