Migration (Nil VAC Arrangements and Other Matters) Instrument 2026

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Citizenship, Customs and Multicultural Affairs

The instrument Migration (Nil VAC Arrangements and Other Matters) Instrument 2026 (LIN 26/074) is made under the Migration Regulations 1994.

Legislative authority

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly 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.

The authority to make the legislative instrument LIN 26/074 is provided under subregulation 2.07(5) of the Migration Regulations, as well as under and for the purposes of sub-subparagraph 1231(2)(a)(iv)(A), subparagraphs 1236(2)(a)(ii) and 1237(2)(a)(i) of Schedule 1 to the Regulations. The repeal of ten legislative instruments in Schedule 1 to LIN 26/074 also relies on equivalent provisions of Schedule 1 to the Regulations as in force immediately before 1 July 2026.

Subregulation 2.07(5) of the Migration Regulations relevantly provides that if an item of Schedule 1 to the Migration Regulations prescribes criteria or requirements by reference to a legislative instrument made under that Subregulation, the Minister may, by legislative instrument, specify the following:

an approved form for making an application for a visa of a specified class;
the way in which an application for a visa of a specified class must be made;
the place at which an application for a visa of a specified class must be made; and
any other matter.

Legislative authority is also provided for the instrument under paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Migration Regulations, and paragraph 2.72C(15)(d) of the Migration Regulations as in force immediately before 1 July 2026 (for the amendments provided for in Schedule 2 to the instrument).

Purpose

The primary purpose of the legislative instrument LIN 26/074 is to repeal, replace and consolidate nine principal legislative instruments that specify matters relating to ‘nil’ visa application charge (VAC) arrangements under Schedule 1 to the Migration Regulations. This supports amendments of Schedule 1 to the Migration Regulations that commenced on 1 July 2026, made by Schedule 3 to the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations).

Schedule 3 to the Amendment Regulations made a number of amendments on 1 July 2026 to Schedule 1 to the Migration Regulations to implement 2026–27 Budget measures relating to the first instalment visa application charge (VAC) for certain classes of visas.

These amendments resulted in the renumbering of provisions that provide the authority for legislative instruments to specify ‘nil VAC’ arrangements, either directly or in conjunction with subregulation 2.07(5) of the Regulations. The new principal instrument LIN 26/074 ensures that these existing nil VAC arrangements, as in force immediately before the amendments in Schedule 3 to the Regulations commenced, are appropriately maintained and supported by the Migration Regulations as amended on and from 1 July 2026. Consolidating nine separate VAC-related instruments into a single new principal instrument also enhances accessibility and ongoing maintenance of nil VAC arrangements.

LIN 26/074 supports the commencement of Schedule 3 to the Amendment Regulations by specifying classes of persons who are eligible for a first instalment VAC of ‘nil’ in a single legislative instrument, for the following visas:

Subclass 400 (Temporary Work (Short Stay Specialist)) visa (Subclass 400 visa);
Subclass 408 (Temporary Activity) visa (Subclass 408 visa);
Subclass 600 (Visitor) visa (Subclass 600 visa).

In accordance with subsection 33(3) of the Acts Interpretation Act, Schedule 1 to LIN 26/074 makes consequential amendments to repeal the equivalent individual instruments as in force under the Migration Regulations immediately before the commencement of the Amendment Regulations on 1 July 2026. The new principal instrument LIN 26/074 repeals and replaces the following instruments:

Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025;
Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024;
Migration (2027 Men’s Rugby World Cup—Class of Persons for Nil VAC) Instrument 2025;
Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024;
Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025;
Migration (Class of Persons for Nil VAC—LIN 24/008) Specification 2024;
Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Brisbane 2032 Olympic and Paralympic Games) Specification 2025;
Migration (Class of Persons for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/193;
Class of Persons for Reduced Visa Application Charge for Temporary Activity (Class GG) Visa 2016/117;
Specification of Class of Persons (Emergency Services) 2016/114.

Schedule 2 to LIN 26/074 supports the commencement of Schedule 2 to the Amendment Regulations. On and from 1 July 2026, the amount of the temporary skilled migration income threshold (TSMIT), and its annual indexation, are provided for in regulations 1.03 and 5.42A of the Migration Regulations, in relation to nominations made in relation to a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa. The amendments in Schedule 2 to LIN 26/074 therefore operate to repeal redundant provisions in the subordinate legislative instrument Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033). Before 1 July 2026, IMMI 18/033 specified the amount of the TSMIT under paragraph 2.72C(15)(d) of the Migration Regulations. As of 1 July 2026, the TSMIT is prescribed in regulation 1.03 of the Migration Regulations as $79,423 (and subject to annual indexation in future years on 1 July each year in accordance with regulation 5.42A). LIN 26/074 therefore repeals the provisions of IMMI 18/033 that had relied on former paragraph 2.72C(15)(d) of the Regulations before 1 July 2026 to specify the amount of the TSMIT.

Further details of the instrument are set out in Attachment B.

The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.

Parliamentary scrutiny, consultation and other matters

During the development of Schedule 3 to the Amendment Regulations, the Department of Home Affairs (the Department) identified a number of subordinate legislative instruments made under items 1231, 1236 and 1237 of Schedule 1 to the Migration Regulations that would need to be remade in support of the commencement of Schedule 3 to the Amendment Regulations. On and from 1 July 2026, LIN 26/074 operates to maintain the classes of persons eligible for a nil VAC under those pre-1 July 2026 instruments. It does not substantially alter the existing nil VAC arrangements for those visa applicants. Establishing a single consolidated instrument to provide for the various nil VAC arrangements specified for the Temporary Work (Short Stay Specialist) (Class GA), Temporary Activity (Class GG) and Visitor (Class FA) visa classes enhances accessibility and reference for visa applicants, their representatives and other stakeholders, and also improves administration of nil VAC arrangements for the Department.

A Statement of Compatibility with Human Rights (the Statement) has been completed in relation to the amendments made by Schedule 2 to LIN 26/074, in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The assessment is that the changes are technical in nature and do not engage any of the applicable rights or freedoms. As such, it is compatible with human rights as it does not raise any human rights issues. The Statement is at Attachment A.

Parts 1 to 3 and Schedule 1 to LIN 26/074 are exempt from disallowance under table item 20(b) of section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. A Statement of Compatibility is therefore not required in relation to Parts 1 to 3 and Schedule 1 to the instrument.

Section 17 of the Legislation Act 2003 provides that the rule-maker must be satisfied that consultation has been undertaken that is appropriate and reasonably practicable before making a legislative instrument.

The Department has consulted with a range of stakeholders in relation to the amendments made by Schedules 2 and 3 to the Amendment Regulations. Details of that consultation are provided for in the explanatory Statement to the Amendment Regulations. The provisions in Part 2 of LIN 26/074 maintain various nil VAC arrangements as in force immediately before 1 July 2026. No further consultation was necessary in relation to LIN 26/074, as the amendments are machinery and consequential to the commencement of Schedules 2 and 3 to the Amendment Regulations, and necessary to ensure that existing nil VAC arrangements are maintained on and from 1 July 2026 under the Migration Regulations as amended. Consultation in relation to the various nil VAC arrangements is set out in the explanatory statements to the original instruments. These arrangements are appropriately reflected in material provided by the Department to relevant stakeholders and visa applicants, and where appropriate, on the Department’s website.

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Migration (Nil VAC Arrangements and Other Matters) Instrument 2026 amends the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033) to remove references to the Temporary Skilled Migration Income Threshold (TSMIT), which applies to nominations made in relation to a Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494 visa) and Regional Sponsored Migration Scheme (Subclass 187) visa. This measure complements the introduction of the TSMIT into the Migration Regulations 1994 (the Migration Regulations) and the automatic annual indexation of this threshold, which were introduced through the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026.

The purpose of this instrument is to remove references to the TSMIT (and its annual increases) from IMMI 18/033 in recognition of such references being redundant due to the TSMIT being instead defined under regulation 1.03 of the Migration Regulations. The Migration Regulations will also provide for annual increases to the TSMIT in alignment with the indexation that applies to the Core Skills Income Threshold.

Human rights implications

This Disallowable Legislative Instrument is technical in nature and does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Julian Hill MP

Assistant Minister for Citizenship, Customs and Multicultural Affairs

ATTACHMENT B

Details of the Migration (Nil VAC Arrangements and Other Matters) Instrument 2026

Part 1—Preliminary

Section 1 – Name of instrument

This section provides that the title of the instrument is the Migration (Nil VAC Arrangements and Other Matters) Instrument 2026 (LIN 26/074).

Section 2 – Commencement

This section provides the instrument will commence on 1 July 2026.

Section 3 – Authority

This section provides that LIN 26/074 is made under the Migration Regulations 1994 (Migration Regulations), including subregulation 2.07(5) for the purpose of sub-subparagraph 1231(2)(a)(iv)(A), subparagraphs 1236(2)(a)(ii) and 1237(2)(a)(i) of Schedule 1, and paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the 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.

Section 5 – Definitions

This section sets out the definition for certain expressions used in the instrument:

member of the family unit, as used in the instrument, is defined in the Migration Regulations 1994.
Migration Regulations means the Migration Regulations 1994.
subclass 400 visa means a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.
subclass 408 visa means a Subclass 408 (Temporary Activity) visa.
subclass 600 visa means a Subclass 600 (Visitor) visa.
VAC means visa application charge.
visa application charge, as used in the instrument, is defined in the Migration Act 1958.

Part 2—Nil VAC arrangements

Division 1—Commission for the Conservation of Antarctic Marine Living Resources

Section 6 – Definitions

Section 6 sets out definitions for various terms used in Division 1 of Part 2 of LIN 26/074, including CCAMLR, CCAMLR applicant, Convention, Expert, family member (to recognise more contemporary language and conventions), Observer to CCAMLR, Party, Representative of a Party, Scientific Committee, and Staff member.

Section 7 – Class of persons for nil VAC—subclass 400 visa—all streams

Sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 of the Migration Regulations provides that, for a person who is in a class of persons specified by the Minister in an instrument in writing for this subparagraph, the VAC is nil.

Section 7 specifies that, for sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 of the Migration Regulations, the VAC is nil for a CCAMLR applicant or their family members where a person is applying for any stream of the subclass 400 visa.

Section 8 – Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams

Subparagraph 1236(2)(a)(ii) of Schedule 1 of the Migration Regulations provides that, for a person who is in a class of persons specified by the Minister in an instrument in writing for this subparagraph, the VAC is nil.

Section 8 specifies that, for subparagraph 1236(2)(a)(ii) of Schedule 1 of the Migration Regulations, the VAC is nil for a CCAMLR applicant or their family members where a person is applying for either the Business Visitor stream or the Tourist stream of a subclass 600 visa.

This section contains an updated reference to the new instrument-making power under subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations, as provided for under item 58 of Schedule 3 to the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 (Amendment Regulations). This is a technical change that does not affect any nil VAC arrangement that is provided for these applicants for the subclass 600 visa.

Section 9 – Class of persons for nil VAC—subclass 408 visa—Invited Participant in an event

Subparagraph 1237(2)(a)(i) of Schedule 1 of the Migration Regulations provides that the VAC is nil for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of the subparagraph under subregulation 2.07(5) of the Migration Regulations.

Section 9 specifies that, for subparagraph 1237(2)(a)(i) of Schedule 1 of the Migration Regulations, the VAC is nil for:

a CCAMLR applicant or their family members where a person is applying for a subclass 408 visa under the Invited participant in an event provision in clause 408.221 of Schedule 2 of the Migration Regulations; or
an applicant who is seeking to satisfy secondary criteria only for the grant of a subclass 408 visa on the basis that they are a family member of a person who already holds a subclass 408 visa that was granted to them as CCAMLR applicant.

This Division retains the same nil VAC arrangements as provided for under the Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024, which has been repealed under Schedule 1 to this instrument.

Division 2—Workplace Justice visa

Section 10 – Class of persons—Workplace Justice visa applicants

Division 2 of Part 2 of LIN 26/074 provides for nil VAC arrangements in relation to the Workplace Justice visa.

Section 10 provides for a nil VAC for applicants for a Workplace Justice Visa pursuant to clause 408.228A of Schedule 2 to the Migration Regulations.

This section does not alter the nil VAC arrangements that were established under the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024, which has been repealed under Schedule 1 to this instrument in support of establishing a consolidated nil VAC legislative instrument.

Division 3 – 2027 Men’s Rugby World Cup

Section 11 – Definitions

Section 11 provides for definitions of expressions used in Division 3 of Part 2 of LIN 26/074:

2027 Men’s Rugby World Cup, as used in the instrument, means the 2027 Men’s Rugby World Cup hosted by Australia from 1 October 2027 to 13 November 2027.
local organising committee means Rugby World Cup (Australia) Pty Ltd (ABN: 33 666 859 641) which is the entity responsible for the operational delivery of the 2027 Men’s Rugby World Cup.
Rugby World Cup Limited means the wholly-owned subsidiary of World Rugby that is responsible for the organisation of the Rugby World Cup.
World Rugby means the global governing body for the sport of rugby union, whose headquarters is located in Dublin, Ireland.

Section 12 – Specified event for paragraph 408.229(b)

Division 408.2 of the 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 of Schedule 2 to the Migration Regulations 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 12 specifies the 2027 Men’s Rugby World Cup as an event for the purposes of paragraph 408.229(b) of Schedule 2 to the Migration Regulations. The effect of this is that the 2027 Men’s Rugby World Cup is specified as an Australian Government Endorsed Event.

Section 13 – Specified class of persons for paragraph 408.229(c)

Section 13 operates to specify the classes of persons in relation to the event of the 2027 Men’s Rugby World Cup for the purposes of paragraph 408.229(c) of Schedule 2 to the Migration Regulations.

These persons must be an applicant for a subclass 408 visa and have been approved for accreditation by the local organising committee, which is defined in section 11 of this instrument as referring to Rugby World Cup (Australia) Pty Ltd (ABN: 33 666 859 641), and must be any of the following persons:

Rugby World Cup Limited personnel;
2027 Rugby World Cup personnel;
a member of a competing team;
a tournament official;
other accredited persons required to perform certain tournament functions in Australia.

Section 14 – 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.

Section 14 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 13.

The effect is to ensure that a primary applicant for a subclass 408 visa who is in the class of persons mentioned in section 13 will have a visa application charge of nil.

Section 15 – Repeal

This section provides that Division 3 of Part 2 is repealed on 14 November 2027, being the day after the 2027 Men’s Rugby World Cup is scheduled to end. This provision reflects the purpose of the instrument, which supports arrangements for visa applications by certain persons covered by the instrument in relation to the event.

This Division retains the same nil VAC arrangements that were established under the Migration (2027 Men’s Rugby World Cup—Class of Persons for Nil VAC) Instrument 2025, which has been repealed under Schedule 1 to this instrument in support of establishing a consolidated nil VAC legislative instrument.

Division 4—Brisbane 2032 Olympic and Paralympic Games

Subdivision 1—Introduction

Section 16 – Definitions

Section 16 of this instrument provides for definitions of expressions used in Division 4 of Part 2 of LIN 26/074:

Brisbane 2032 Olympic and Paralympic Games means the 2032 Olympic and Paralympic Games being hosted by Brisbane, Australia from 23 July 2032 to 5 September 2032.
Organising Committee means the Brisbane Organising Committee for the 2032 Olympic and Paralympic Games (ABN: 49 672 341 604), which is the entity responsible for the organisation and operational delivery of the Brisbane 2032 Olympic and Paralympic Games.

Subdivision 2—Subclass 600 visa

Section 17 – Class of persons for nil VAC—Brisbane 2032 Olympic and Paralympic Games

Subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations provides that, in relation to an application for a subclass 600 visa that is not in the Frequent Traveller stream, the first instalment of a visa application charge for an applicant in a class of persons specified by the Minister in an instrument in writing for this subparagraph is nil.

Section 17 provides that a person who seeks to satisfy the primary criteria for the grant of a subclass 600 visa in the Tourist stream or Business Visitor stream and who is invited by the Brisbane 2032 Olympic and Paralympic Games Organising Committee to attend meetings and for purposes relating to the Brisbane 2032 Olympic and Paralympic Games, is specified to be in a class of persons.

This Subdivision retains the same nil VAC arrangements that were established under the Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Brisbane 2032 Olympic and Paralympic Games) Specification 2025, but supports the amendments of the Migration Regulations made by item 58 of Schedule 3 to the Amendment Regulations as the Minister’s instrument making power is now provided for under subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations. The updated reference to the new instrument making power is a technical change that does not affect any nil VAC arrangement that is in place for these applicants.

Subdivision 3—Subclass 408 visa

Section 18 – Specified event for paragraph 408.229(b)

Section 18 specifies the Brisbane 2032 Olympic and Paralympic Games as an event for the purposes of paragraph 408.229(b) of Schedule 2 to the Migration Regulations. The effect of this is that the Brisbane 2032 Olympic and Paralympic Games is specified as an Australian Government Endorsed Event.

Section 19 – Specified class of persons for paragraph 408.229(c)

Section 19 operates to specify the classes of persons in relation to the event of the Brisbane 2032 Olympic and Paralympic Games for the purposes of paragraph 408.229(c) of Schedule 2 to the Migration Regulations.

These persons must be an applicant for a subclass 408 visa and have been approved for accreditation by the local organising committee, which is defined in section 16 of this instrument as referring to Brisbane Organising Committee for the 2032 Olympic and Paralympic Games (ABN: 49 672 341 604), and must be a member or personnel of any of the following:

the International Olympic Committee (IOC);
IOC Controlled entities;
National Olympic Committees;
International Federations;
Rights-Holding Broadcasters;
the Official Timekeeper;
IOC Marketing Partners;
Media.

Section 20 – Visa application charge

Section 20 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 is in a class of persons specified in section 19.

The effect is to ensure that a primary applicant for a subclass 408 who is in the class of persons mentioned in section 19 will have a visa application charge of nil.

Section 21 – Repeal

Section 21 provides that Subdivision 3 of Division 4 of Part 2 of this instrument is repealed on 6 September 2032, the day after the Brisbane 2032 Olympic and Paralympic Games is scheduled to end. This provision reflects the purpose of the instrument, which supports arrangements for visa applications by certain persons covered by the instrument in relation to the event.

This Subdivision retains the same nil VAC arrangements that were established under Migration (Class of Persons for Nil VAC for Subclass 408 (Temporary Activity) – Brisbane 2032 Olympic and Paralympic Games) Instrument 2025, including the 6 September 2032 repeal in that instrument. The previous instrument has been repealed under Schedule 1 to this instrument in support of establishing a consolidated nil VAC legislative instrument.

Division 5—Other nil VAC arrangements

Subdivision 1—Pacific Australia Card

Section 22 – Definitions

Section 22 provides for the definitions of expressions used in Subdivision 1 of Division 5 of Part 2 of LIN 26/074.

The expression Pacific Australia Card means a card by that name issued to a person by the Government of Australia.

Section 23 – Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams

Section 23 specifies a class of persons for whom the amount of the first instalment of VAC is nil, under subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations.

This provision operates to provide Pacific Australia Card (PAC) holders who are outside Australia at the time of application and seeking to be granted a subclass 600 visa in the Tourist stream or Business Visitor stream, with a nil VAC.

This Subdivision retains the nil VAC arrangements that were provided for under section 5 of Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025, but supports the amendments of the Migration Regulations made by item 58 of Schedule 3 to the Migration Regulations as the Minister’s instrument making power is now provided for under subparagraph 1236(2)(a)(ii) of Schedule 1 of the Migration Regulations. The updated reference to the new instrument making power is a technical change that does not affect any nil VAC arrangement that is in place for these applicants.

Subdivision 2—Family of passengers or crew of MH370

Section 24 – Definitions

Section 24 provides for definitions of expressions used in Subdivision 2 of Division 5 of Part 2 of LIN 26/074.

The expression member of the family unit has the same meaning as in subregulation 1.12(2) of the Migration Regulations.

The expression MH370 means Malaysia Airlines flight MH370 (aircraft registration 9M‑MRO).

Section 25 – Class of persons for nil VAC—subclass 600 visa—Tourist stream

Section 25 specifies a class of persons for whom the amount of the first instalment of VAC is nil, under subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations.

This provision operates to provide that an applicant for a subclass 600 visa in the Tourist Stream is in this class of persons if the applicant is:

a member of the family unit, as defined in subregulation 1.12(2) of the Migration Regulations; or
a representative of the family, approved by the Ministry of Foreign Affairs of the People’s Republic of China; or
a representative of the family, approved by the Department of Home Affairs and Malaysia Airlines

of a passenger or crew member on board Malaysia Airlines flight MH370 (aircraft registration 9M-MRO).

This Subdivision retains the same policy settings that were provided for under section 6 of Migration (Class of Persons for Nil VAC—LIN 24/008) Specification 2024, but supports the amendments of the Migration Regulations made by item 58 of Schedule 3 to the Amendment Regulations as the Minister’s instrument making power is now provided for under subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations. The updated reference to the new instrument making power is a technical change that does not affect any nil VAC arrangement that is in place for these applicants.

Subdivision 3—Eligible sponsor and supporter

Section 26 – Definitions

Section 26 provides for definitions of the following expressions used in Subdivision 3 of Division 5 of Part 2 of LIN 26/074:

eligible sponsor has the same meaning as defined in subclause 408.229A(9) of Schedule 2 to the Migration Regulations;
eligible supporter has the same meaning as defined in subclause 408.229A(10) of Schedule 2 to the Migration Regulations.

Section 27 – Class of persons for nil VAC—subclass 408 visa—Entertainment stream

Section 27 specifies a class of persons for whom the first instalment of VAC is nil, under subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations. This provision provides that the specified class of persons is:

a person (the applicant) who is seeking to satisfy clause 408.219A of Schedule 2 to the Migration Regulations on the basis of clause 408.229A of Schedule 2 to the Regulations; and
a person in relation to whom there is an eligible sponsor or eligible supporter of one of the following:
- a charity registered by the Australian Charities and Not-for-profits Commission;
- an agency of the Commonwealth;
- an agency of a State;
- an agency of a Territory;
- an agency, Embassy or Consulate of a foreign government;
- the Queensland Art Gallery and Gallery of Modern Art;
- the Australian Grand Prix, where the sponsorship or support relates to the Formula One Australian Grand Prix or the Australian Motorcycle Grand Prix;
- PI SBK Pty Ltd, where the sponsorship or support relates to Superbike events;
- Major Brisbane Festivals Pty Ltd;
- DarkLab Pty Ltd, where the sponsorship or support relates to the Dark Mofo Festival;
- Moorilla Estate Pty Ltd, where the sponsorship or support relates to the Mona Foma.
a person who will only engage in entertainment activities that are organised by, or on behalf of, an eligible sponsor or eligible supporter listed in paragraph 27(b) of this instrument.

This Subdivision does not alter nil VAC arrangements that were established under Migration (Class of Persons for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/193, which has been repealed under Schedule 1 to this instrument in support of establishing a consolidated nil VAC legislative instrument.

Subdivision 4—Emergency services

Section 28 – Class of persons for nil VAC—subclass 400 visa—all streams

Section 28 provides that the specified class of persons is a person who has been invited to Australia, by the Australian Government, or by an Australian State or Territory government, to assist in providing emergency services in connection with a disaster or emergency.

This Subdivision does not alter the nil VAC arrangements that were established under Specification of Class of Persons (Emergency Services) 2016/114, which has been repealed under Schedule 1 to this instrument and otherwise would sunset on 1 April 2027 by operation of section 50 of the Legislation Act 2003 (Legislation Act).

Following consideration of the legislative instruments that specify a class of persons for a nil VAC in support of the commencement of Schedule 3 to the Amendment Regulations, it was considered that IMMI 2016/114 is still required, and the substantive provisions of the legislative instrument should be remade without any changes to retain the existing nil VAC arrangements.

Part 3—Application

Section 29 – Application of Part 2

Section 29 provides that Part 2 of LIN 26/074 applies in relation to a visa application made on or after 1 July 2026.

Schedule 1 – Repeals

Items [1] – [8] The whole of the instrument

Items 1 to 8 of Schedule 1 to LIN 26/074 operate to repeal the following instruments:

Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025
Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024
Migration (2027 Men’s Rugby World Cup—Class of Persons for Nil VAC) Instrument 2025
Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024
Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025
Migration (Class of Persons for Nil VAC—LIN 24/008) Specification 2024
Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Brisbane 2032 Olympic and Paralympic Games) Specification 2025
Migration (Class of Persons for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/193

Items 1 to 8 support the commencement of Schedule 3 to the Amendment Regulations, by repealing principal legislative instruments that were made under subregulation 2.07(5) for the purpose of sub-subparagraph 1231(2)(a)(iv)(A), subparagraph 1236(2)(a)(iv), or subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations as in force immediately before 1 July 2026.

Schedule 1 to LIN 26/074 also reflects that the nil VAC arrangements that were established under each of the repealed instruments have been consolidated into LIN 26/074.

This approach is to ensure that there is a single principal instrument that comprehensively specifies the classes of persons that are eligible for a nil VAC under Schedule 1 to the Migration Regulations for the following visas:

subclass 400 visa;

subclass 408 visa;
subclass 600 visa.

This new principal instrument maintains the existing nil VAC arrangements in these instruments. For arrangements relating to a subclass 600 visa, the new instrument also updates the reference to the instrument-making power that enables the Minister to specify a class of persons that is subject to the nil VAC, to ensure that it correctly references subparagraph 1236(2)(a)(ii) of Schedule 1 to the Migration Regulations, rather than the repealed subparagraph 1236(2)(a)(iv), reflecting the amendment made by item 58 of Schedule 3 to the Amendment Regulations.

Class of Persons for Reduced Visa Application Charge for Temporary Activity (Class GG) Visa 2016/117

Item [9] – The whole of the instrument

This item repeals the whole of Class of Persons for Reduced Visa Application Charge for Temporary Activity (Class GG) Visa 2016/117 (2016/117), which would otherwise sunset on 1 April 2027 by operation of section 50 of the Legislation Act.

Following the Department of Home Affairs’ (the Department) review of the legislative instruments made under item 1237 of Schedule 1 to the Migration Regulations in support of the commencement of the Amendment Regulations, it was considered that 2016/117 is no longer required, as the production, engagement or program to which clause 408.229A of Schedule 2 to the Migration Regulations applies, must have commenced on or before 30 June 2017.

Specification of Class of Persons (Emergency Services) 2016/114

Item [10] – The whole of the instrument

This item repeals the whole of Specification of Class of Persons (Emergency Services) 2016/114 (2016/114), which would otherwise sunset on 1 April 2027 by operation of section 50 of the Legislation Act.

As mentioned above, following the Department’s review of legislative instruments made under Schedule 1 to the Migration Regulations that specify a class of persons eligible for a nil VAC in support of the commencement of the Amendment Regulations, the Department identified that 2016/114 is still required and due to sunset on 1 April 2027.

As the instrument specifies a class of persons who are eligible for a nil VAC for a subclass 400 visa, and as the Department was preparing a legislative instrument to support the commencement of a nil VAC, the Department considered it appropriate to repeal 2016/114 and include its substantive provisions in LIN 26/074 without any changes to retain the existing nil VAC arrangements.

Schedule 2 – Amendments

Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018

Item [1] – Subsection 1(1)

This item amends subsection 1(1) of the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033), which provides for the name of the instrument, to remove the reference to ‘Income Threshold’.

This is a technical and consequential amendment that is necessary to support the commencement of Schedule 2 to the Amendment Regulations, which amend the Migration Regulations to specify the temporary skilled migration income threshold (TSMIT).

Item [2] – Section 3

This item amends section 3 of IMMI 18/033 to repeal paragraph 3(d), to remove paragraph 2.72C(15)(d) as a source of legislative authority for the instrument.

This is a technical and consequential amendment that is required to support the removal of the Minister’s instrument making power in paragraph 2.72C(15)(d) of the Migration Regulations by item 2 of Schedule 2 to the Amendment Regulations.

Item [3] – Part 2 (heading)

This item amends the heading of Part 2 of IMMI 18/033 to remove the reference to ‘Income Threshold’.

This is a technical and consequential amendment that is necessary to support the commencement of Schedule 2 to the Amendment Regulations which amend the Migration Regulations to specify the TSMIT.

Item [4] – Section 6

This item operates to make consequential amendments to IMMI 18/033 following the commencement of item 2 to Schedule 2 to the Amendment Regulations.

This item operates to repeal section 6 of IMMI 18/033, which specified the TSMIT for the purposes of paragraph 2.72C(15)(d) of the Migration Regulations.

The purpose of this item is to support the commencement of Schedule 2 to the Amendment Regulations by repealing section 6 of IMMI 18/033, which is no longer required given that the TSMIT amount will be expressly specified in regulation 1.03 of the Migration Regulations.

Relevantly, item 16401 of Schedule 13 to the Migration Regulations (inserted by the Amendment Regulations) inserts an application provision which provides that the amendments made by Schedule 2 to the Amendment Regulations applies in relation to an application for the approval of a nomination made on or after 1 July 2026.

This means that an application for the approval of a nomination that was made between 1 July 2025 to 30 June 2026 will continue to be assessed against the TSMIT amount that was in force at the time of the application, which, during this timeframe, was specified under section 6 of IMMI 18/033 to be $76,515. As of 1 July 2026, the TSMIT is prescribed in regulation 1.03 of the Migration Regulations as $79,423 (and subject to annual indexation in future years on 1 July each year in accordance with regulation 5.42A).

Migration (Nil VAC Arrangements and Other Matters) Instrument 2026

Administered by Department of Home Affairs

Statement of Compatibility with Human Rights