EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Subparagraph 1223A(2)(a)(ix))

1. This Instrument is made under subparagraph 1223A(2)(a)(ix) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Subparagraph 1223A(2)(a)(ix) provides that applicants within a class of persons specified in an instrument in writing, a visa application charge (VAC) of nil will apply.
3. The purpose of this Instrument is to revoke the previous instrument IMMI 12/112 and specify the class of persons from that instrument in addition to two new classes of persons, as a combination of classes of persons that are prescribed a nil VAC when applying for a Subclass 456 Business (Short Stay) visa.
4. The Instrument operates to specify the following classes of persons:

(a) a person who holds a kind of passport specified in column 2 of the Schedule to the Instrument and satisfies the conditions in column 3 of the Schedule to the Instrument, for passports of that kind;

(b)  a person who is entered as an amateur participant in a sporting event; and

(c) a person who is appointed or employed to assist an amateur participant who is entered in a sporting event or an amateur team that is entered in a sporting event.

5. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.             The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735).  The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4).  The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4).

7.             Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8.             The Instrument, IMMI 12/080, commences on 24 November 2012, immediately after the commencement of Migration Legislation Amendment Regulation (No. 4).