EXPLANATORY STATEMENT
ADDRESSES FOR APPLICATIONS FOR THE
SUBCLASS 420 (ENTERTAINMENT) VISA
(PARAGRAPH 1205(3)(c))
1. This Instrument is made under subparagraph 1205(3)(c) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1205(3)(c) of the Regulations provides that an application by a person seeking to meet the criteria for the grant of an Entertainment (subclass 420) visa must be accompanied by a completed form 148 and must be made by posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice, or having the application delivered by a courier service to the address specified in a Gazette Notice, or having the application sent by facsimile to the address specified in a Gazette Notice.
3. The purpose of the Instrument is to specify the relevant addresses for lodging an application, whether the application is posted, delivered by courier or sent by facsimile.
4. The Instrument operates to specify the addresses of where applicants must lodge an application for an Entertainment (subclass 420) visa.
5. Consultation was undertaken before the Instrument was made with:
- Department of the Environment, Water, Heritage and the Arts.
- Key entertainment industry stakeholders and sponsors, for example, AUSFILM, Sydney Festival, Warner Roadshow and Fox Studios, the relevant employer body (AEIA) and unions (MEAA, MUA).
- Business centre stakeholders.
6. The Instrument, IMMI 08/052, commences on 9 August 2008.
Overview
The F2008L02720, known as the Addresses for Applications for the Subclass 420 (Entertainment) Visa (Paragraph 1205(3)(c)) Instrument 2008, was enacted in 2008 to address the need for clear guidelines on the submission process for Entertainment (subclass 420) visa applications. This Instrument was made under the authority of subparagraph 1205(3)(c) of the Migration Regulations 1994, providing specific addresses for lodging applications whether they are posted, delivered by courier, or sent by facsimile. The objective of the Instrument is to ensure that all applications are submitted to the correct locations, thereby streamlining the application process and reducing administrative complications for both applicants and the Department of Immigration and Border Protection. The Instrument was developed following consultations with key stakeholders including the Department of the Environment, Water, Heritage and the Arts, entertainment industry representatives, and business centre stakeholders, to ensure it met the needs of all parties involved.
Scope and Application
This instrument, made under subparagraph 1205(3)(c) of the Migration Regulations 1994, outlines the specific addresses required for lodging an application for an Entertainment (subclass 420) visa. This includes the physical and facsimile addresses to which applications must be posted or sent. The instrument ensures that applicants are informed of the correct procedures for submitting their applications, whether through postal mail, courier service, or facsimile, as specified in a Gazette Notice. It aims to streamline the application process by clearly defining the necessary steps and channels for submission.
The instrument applies to individuals or entities seeking to obtain an Entertainment (subclass 420) visa, thereby impacting the entertainment industry stakeholders, sponsors, and other relevant parties. It does not specify exclusions, exemptions, or thresholds, but rather focuses on the procedural aspect of lodging applications. The instrument's commencement on 9 August 2008 indicates its immediate applicability to all future applications made after this date. Additionally, it was developed through consultation with various stakeholders, including industry bodies and unions, ensuring that the requirements are practical and well-understood within the sector.
Key Provisions
The key provisions of the Instrument require that any application for the subclass 420 Entertainment visa must be accompanied by a completed form 148 and must be submitted in one of three ways: posted to a specified address (section 1), delivered by a courier service to a specified address (section 1), or sent by facsimile to a specified address (section 1). The addresses for these submissions are stipulated to ensure consistency and clarity in the application process. These requirements are detailed in regulation 1205(3)(c) of the Migration Regulations 1994.
The Instrument imposes several obligations on the applicants for the subclass 420 visa. Firstly, applicants must ensure that their application is accompanied by a completed form 148, which is a standard requirement for visa applications under the relevant regulation. Secondly, the application must be submitted via one of the specified methods: posting to a designated post office box address, delivering by a courier service to a specified address, or sending by facsimile to a designated fax number. The Instrument requires that these methods be strictly adhered to, as outlined in the regulations.
Failure to comply with the specified submission methods outlined in the Instrument may result in the application being deemed invalid. This could potentially lead to delays or outright rejection of the visa application. While the Explanatory Statement does not explicitly outline specific offences or penalties for non-compliance, it is implied that the submission requirements are strict, and deviation from these could result in procedural issues.
Consultation with relevant stakeholders, including the Department of the Environment, Water, Heritage and the Arts, key entertainment industry representatives, business centre stakeholders, and unions, was undertaken to ensure that the Instrument met the needs of those affected by the visa application process. This collaborative approach aimed to streamline and clarify the submission process for the subclass 420 Entertainment visa.
The Instrument, identified as IMMI 08/052, commenced on 9 August 2008, providing a clear and effective framework for the submission of applications for the subclass 420 Entertainment visa. By specifying the exact addresses and methods for lodging applications, it ensures that applicants have a clear understanding of the requirements, thus facilitating a smoother application process.