Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021

Administered by Department of Home Affairs

Legislation au F2021L00159 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration, Citizenship, Migrant Services and
Multicultural Affairs

Migration Act 1958

Migration Regulations 1994

Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021

1                The instrument, Departmental reference 21/008, is made under paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations). 

2                The instrument commences on 27 February 2021, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

3                A person may be eligible for the grant of a Subclass 408 (Temporary Activity) visa (a Subclass 408 visa) where one of the primary criteria set out in Subdivision 408.2 of Schedule 2 to the Migration Regulations applies. One of the primary criteria is that the person seeks to enter or remain in Australia to work directly with an ‘Australian Government endorsed event’ (see clause 408.229).  Such an event must be specified by legislative instrument, and an applicant for a Subclass 408 visa pursuant to this clause must be in a class of persons specified in that instrument in relation to the event (see paragraphs 408.229(b) and (c)). 

4                The purpose of the instrument is to specify an Australian Government endorsed event and a class of persons in relation to that event for the purpose of clause 408.229 of Schedule 2 to the Migration Regulations. 

Consultation

5                The Department broadly consulted Commonwealth agencies on measures introduced in the instrument, which support Australia’s post COVID-19 economic recovery.  No public consultation was undertaken.

6                The Office of Best Practice Regulation (OBPR) was also consulted and considered that the instrument would have a minor regulatory impact and a regulatory impact statement is not required.  The OBPR reference number is 43422.

Details of the instrument

7                Section 1 sets out the name of the instrument.

8                Section 2 provides for the commencement of the instrument on 27 February 2021.  This date aligns with updates to Departmental systems that will allow applications to be made under this instrument. 

9                Section 3 sets out definitions of terms used in the instrument.

10            Section 4 provides that the period of recovery from the economic effects of COVID-19 in Australia is a specified event under paragraph 408.229(b) of Schedule 2 to the Migration Regulations.  

11            Section 5 sets out, for paragraph 408.229(c) of Schedule 2 to the Migration Regulations, the class of persons in relation to the specified event described in section 4 of the instrument.  An applicant will be in the specified class if: 

  • they are employed full time as an essential staff member of a business that is relocating to Australia and will assist in Australia’s response to the economic effects of COVID-19 (paragraph (a));
  • they will assist with the establishment of the business’s operations in Australia (paragraph (b));
  • they make an application for a Subclass 408 visa in relation to the event between 27 February 2021 and 30 June 2022 (paragraph (c));
  • they have not previously been granted a Subclass 408 visa in relation to the event specified in section 4 (paragraph (d)).

12            An applicant for a Subclass 408 visa in relation to an Australian Government endorsed event (as specified for clause 408.229 of Schedule 2 to the Migration Regulations) will need to nominate which event they are applying in relation to at the time of application for a visa.  At the time of making the instrument, a number of different events are specified for this purpose.[1]  Thus, an application for a Subclass 408 visa in relation to an Australian Government endorsed event, may only be for one specified event at a time.

Parliamentary scrutiny etc. 

13            The instrument is exempt from disallowance under section 42 of the Legislation Act.  This is because instruments made under Schedule 2 of the Migration Regulations are prescribed in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (see paragraph 44(2)(b) of the Legislation Act).

14            The instrument was made by a delegate of the Minister, Senior Executive Service Band One, Immigration Programs Division, in accordance with paragraph 408.229(b) of Schedule 2 to the Migration Regulations.  The Senior Executive Service Band One was delegated the power to make the instrument by Migration (Ministerial Instrument-making Powers) Delegation 2020/252.

[1] See, for example, the Migration (LIN 20/229:COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 which relates to people who work in essential services. 

Overview

The Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument (LIN 21/008) 2021 was enacted to provide temporary relief measures in response to the economic effects of COVID-19 on Australia. This legislative instrument, issued under the authority of the Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs, aims to facilitate the recovery of Australia's economy by allowing certain essential workers to apply for a Subclass 408 visa. The instrument specifies the period of recovery from the economic effects of COVID-19 as the endorsed event, enabling businesses relocating to Australia to bring in full-time essential staff who will contribute to the establishment of operations and the national response to the economic impact of the pandemic. The instrument was made in accordance with the Migration Regulations 1994 and commenced on 27 February 2021, aligning with updates to Departmental systems to facilitate visa applications.

Scope and Application

The Migration (Post COVID-19 economic recovery event for Subclass 408 visas) Instrument 2021, Departmental reference 21/008, is a legislative instrument made under the Migration Regulations 1994, specifically targeting the eligibility criteria for the grant of a Subclass 408 (Temporary Activity) visa. This instrument applies to individuals who seek to enter or remain in Australia to work directly with an Australian Government endorsed event related to the economic recovery from COVID-19. To be eligible, applicants must belong to a specified class of persons, including those employed full-time as essential staff of a business relocating to Australia, individuals assisting with the establishment of the business's operations in Australia, and those who apply for the visa within the stipulated period of 27 February 2021 to 30 June 2022. Notably, applicants must not have previously been granted a Subclass 408 visa in relation to the specified event. The instrument, which commenced on 27 February 2021, is exempt from disallowance and was made by a delegate of the Minister under the authority of the Migration (Ministerial Instrument-making Powers) Delegation 2020/252.

Key Provisions

The instrument, identified as Departmental reference 21/008, is made under paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994, and it came into effect on 27 February 2021. This instrument serves to specify a particular Australian Government endorsed event, which is the period of economic recovery from the effects of COVID-19 in Australia, and to outline the class of persons who are eligible to apply for a Subclass 408 (Temporary Activity) visa in relation to this event. The eligibility criteria for applicants include being employed full-time as an essential staff member of a business relocating to Australia to assist with the country's economic recovery efforts, assisting with the establishment of the business’s operations in Australia, applying for the visa between 27 February 2021 and 30 June 2022, and not having previously been granted a Subclass 408 visa for the same event. The instrument imposes several obligations on applicants seeking a Subclass 408 visa for the specified event. Applicants must be part of the specified class of persons, which includes being employed full-time in an essential role for a relocating business, assisting in the establishment of the business in Australia, and meeting the application timeframe. Additionally, applicants must ensure they have not been previously granted a Subclass 408 visa for the same event. These requirements are designed to ensure that the visa is granted to individuals who are directly contributing to Australia's economic recovery in a meaningful way. Breaching the conditions set out in this instrument could lead to various consequences. While the instrument does not explicitly detail penalties for non-compliance, general provisions under the Migration Act 1958 and Migration Regulations 1994 apply. Such breaches could result in the refusal of a visa application, the cancellation of an existing visa, or other administrative actions taken by the Department of Home Affairs. For more serious breaches, individuals might face criminal charges, which could lead to fines and imprisonment, as stipulated in the broader legislative framework governing migration in Australia. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Migration Act and Regulations that are contravened.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.