EXPLANATORY STATEMENT
Issued by authority of the Minister for Home Affairs
Migration Regulations 1994
Migration (Nil VAC Arrangements and Other Matters) Amendment (Rugby League World Cup 2026) Instrument 2026
The instrument Migration (Nil VAC Arrangements and Other Matters) Amendment (Rugby League World Cup 2026) Instrument 2026 (LIN 26/082) is made under subregulation 2.07(5) of the Migration Regulations 1994 for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. It is also made under, and for, paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Regulations.
This instrument amends Migration (Nil VAC Arrangements and Other Matters) Instrument 2026 (LIN 26/074) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection of the Acts Interpretation Act provides 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.
An applicant may be eligible for the grant of a Subclass 408 (Temporary Activity) visa (Subclass 408 visa) if they satisfy all of the common criteria and one of the alternative criteria in Subdivision 408.22 of Schedule 2 to the Migration Regulations. Clause 408.229 of Schedule 2 to the Migration Regulations provides the criteria for an applicant who seeks to enter or remain in Australia to undertake work directly associated with an Australian Government endorsed event (AGEE). An AGEE must be specified by a legislative instrument, and an applicant for a Subclass 408 visa who is seeking to satisfy clause 408.229 must be in a specified class of persons.
The purpose of this instrument is to amend LIN 26/074 by inserting new Division 3A in
Part 2, to establish ‘nil’ visa application charge (VAC) arrangements for a specified class of persons in relation to the Rugby League World Cup 2026.
LIN 26/074 commenced on 1 July 2026 and, relevantly, specifies classes of persons who are eligible for a first instalment VAC of ‘nil’ in a single legislative instrument for the following visas:
- Temporary Work (Short Stay Specialist) (Class GA) visa (for the Subclass 400 (Temporary Work (Short Stay Specialist)) visa);
- Temporary Activity (Class GG) visa (for the Subclass 408 visa);
- Visitor (Class FA) visa (for the Subclass 600 (Visitor) visa).
Division 3A of Part 2 of LIN 26/074, as inserted by these amendments, specifies the Rugby League World Cup 2026 as an AGEE under clause 408.229 of Schedule 2 to the Migration Regulations.
Division 3A of Part 2 also specifies the following class of persons for the Rugby League World Cup 2026:
- a member of a competing team;
- official coaching staff;
- a match official;
- official support staff;
- personnel of broadcast rights-holders;
- personnel of non-rights holder media;
- VIPs;
- other persons participating in the Rugby League World Cup 2026 in an official capacity.
Division 3A of Part 2 will also provide that any person in this class of persons who seeks to satisfy the primary criteria for the Subclass 408 visa under the AGEE stream is also specified to have a VAC of ‘nil’. Specifying these persons as being eligible for a nil VAC implements an immigration support commitment made by the Australian Government for participants of the Rugby League World Cup 2026.
This instrument is covered by the exemption from disallowance provided by table item 20(b) of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A Statement of Compatibility with Human Rights is therefore not required.
The Department of Home Affairs has consulted with the National Rugby League, the Australian Rugby League Commission and the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (Office for Sport) in relation to the implementation of this measure. The classes of person and other details specified in the instrument accord with and reflect the outcome of this consultation.
The instrument commences on 15 July 2026. As the Rugby League World Cup 2026 will run from 15 October 2026 to 15 November 2026, the instrument provides Division 3A of Part 2 to LIN 26/074 will be repealed on 16 November 2026, at the conclusion of the event.
Further details of the instrument are set out in Attachment A.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Nil VAC Arrangements and Other Matters) Amendment (Rugby League World Cup 2026) Instrument 2026
Section 1 – Name of instrument
This section provides that the title of the instrument is the Migration (Nil VAC Arrangements and Other Matters) Amendment (Rugby League World Cup 2026) Instrument 2026 (LIN 26/082).
Section 2 – Commencement
This section provides for the commencement of the provisions in the instrument.
Subsection 2(1) provides that each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The effect is that the whole of this instrument will commence on 15 July 2026.
Subsection 2(2) provides that any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
Section 3 – Authority
This section provides that the instrument is made under subregulation 2.07(5) for subparagraph 1237(2)(a)(i) of Schedule 1 and paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Migration Regulations 1994 (Migration Regulations).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Migration (Nil VAC Arrangements and Other Matters) Instrument 2026
Item [1] – After Division 3 of Part 2
Division 3A – Rugby League World Cup 2026
This item inserts new Division 3A (Rugby League World Cup 2026) in Part 2 of Migration (Nil VAC Arrangements and Other Matters) Instrument 2026 (LIN 26/074).
Division 3A of Part 2 of LIN 26/074 establishes nil VAC arrangements in relation to the Rugby League World Cup 2026 for a class of persons who apply for the Subclass 408 (Temporary Activity) visa (Subclass 408 visa) under the Australian Government endorsed event (AGEE) stream.
Section 15A – Definitions
This section sets out the definitions for certain expressions used in Division 3A of Part 2 of LIN 26/074.
- Australian Rugby League Commission means the Australian Rugby League Commission Limited (ABN: 94 003 107 293) which is the controlling body and administrator of Rugby League in Australia and responsible for organisation of the Rugby League World Cup 2026.
- Rugby League World Cup 2026 means the Rugby League World Cup 2026 hosted by Australia from 15 October 2026 to 15 November 2026.
Section 15B – Specified event for paragraph 408.229(b)
Division 408.2 of Schedule 2 to the Migration Regulations sets out the primary criteria for the Australian Government endorsed event stream of the Subclass 408 visa. To be eligible for the grant of a Subclass 408 visa, an applicant seeking to satisfy the primary criteria must satisfy all of the common criteria set out in Subdivision 408.21 of Schedule 2 to the Migration Regulations, and one of the alternative criteria in Subdivision 408.22.
Clause 408.229 sets out the alternative criteria for applicants to the Australian Government endorsed event stream, and applies to the applicant if:
- the applicant seeks to enter or remain in Australia to undertake work directly associated with the event; and
- the event is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
- the applicant is in a class of persons specified in the instrument in relation to the event.
Section 15B of this instrument specifies the Rugby League World Cup 2026 as an event for the purposes of paragraph 408.229(b) of Schedule 2 to the Migration Regulations.
Section 15C – Specified class of persons for paragraph 408.229(c)
Section 15C of this instrument operates to specify the classes of persons in relation to the event of the Rugby League World Cup 2026 (as mentioned in section 15A) for the purposes of paragraph 408.229(c) of Schedule 2 to the Migration Regulations.
These persons must be an applicant for the Subclass 408 visa and have been approved for accreditation by the Australian Rugby League Commission, which is defined in section 15A of this instrument as referring to the Australian Rugby League Commission Limited
(ABN: 94 003 107 293). In addition, these persons must be any of the following persons:
- a member of a competing team;
- official coaching staff;
- a match official;
- official support staff;
- personnel of broadcast rights-holders;
- personnel of non-rights holder media;
- VIPs;
- other persons participating in the Rugby League World Cup 2026 in an official capacity.
For clarity, a person who is a VIP may include a person who has been invited to attend the Rugby League World Cup 2026 such as an official from an international rugby league board or governing body, or a guest.
Specifying these classes of persons would implement an immigration support commitment made by the Australian Government for the Rugby League World Cup 2026.
Section 15D – Visa application charge
Subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations provides that the first instalment of a visa application charge for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5) is nil.
This section provides that an applicant for a Temporary Activity (Class GG) visa is in a specified class of persons if they seek to satisfy clause 408.229 of Schedule 2 to the Migration Regulations and they are in a class of persons specified in section 15C.
The effect is to ensure that a primary applicant for a Subclass 408 visa who is in the class of persons mentioned in section 15C will have a visa application charge of nil.
Section 15E – Repeal
This section provides that Division 3A of Part 2 is repealed on 16 November 2026, being the day after the Rugby League World Cup 2026 is scheduled to end. This provision reflects the purpose of the Division, which supports arrangements for visa applications by certain persons covered by the instrument in relation to the event.
Item [2] – After section 29
Part 3 of LIN 26/074 provides the application and transitional provisions for the instrument.
This item inserts new section 30 in Part 3 of LIN 26/074. Section 30 provides that the amendments of Part 2 of LIN 26/074 made by LIN 26/082 apply in relation to a visa application made on or after the commencement of that instrument.