Overview

The Migration Regulations 1994, specifically under Item 4 of the table in paragraph 1236(2)(a), were enacted to provide a nil visa application charge (VAC) for a designated class of persons applying for a Subclass 600 (Visitor) visa. The purpose of this particular instrument is to exempt delegates attending the International Indigenous Peoples and Local Communities Land and Sea Managers Network inaugural conference in Darwin from 26 May 2013 to 31 May 2013 from paying the VAC. This initiative was made under the authority of the Minister, and consultation was conducted with relevant departments, including the Department of Sustainability, Environment, Water, Population and Communities, which supported the exemption. The instrument does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation and under section 44 of the Legislative Instruments Act 2003, respectively. It came into effect on 23 March 2013, following the commencement of the Migration Amendment Regulation 2013 (No. 1).

Scope and Application

The Migration Regulations 1994, as amended by this legislative instrument, apply to a specific class of persons attending a designated event, namely the delegates entering Australia for the International Indigenous Peoples and Local Communities Land and Sea Managers Network inaugural conference scheduled in Darwin from 26 May 2013 to 31 May 2013. These delegates are prescribed a nil visa application charge (VAC) when applying for a Subclass 600 (Visitor) visa. The instrument is made under the authority of Item 4 of the table in paragraph 1236(2)(a) of the Regulations, which allows for the specification of certain classes of persons who are exempt from the VAC. The scope of this legislation is geographically limited to Australia and pertains only to the specified event, ensuring that the exemption applies only to the intended delegates and not to other visitors or classes of persons. The instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and as such, a Human Rights Statement of Compatibility is not required. It commenced on 23 March 2013, immediately following the commencement of the Migration Amendment Regulation 2013 (No. 1).

Key Provisions

The Migration Regulations 1994, as amended, contain specific provisions regarding visa application charges (VAC). According to paragraph 1236(2)(a), Item 4 of the Regulations, a nil VAC can be applied to certain applicants specified by the Minister in a written instrument. This particular instrument, F2013L00512, specifies a class of persons who are prescribed a nil VAC when applying for a Subclass 600 (Visitor) visa. These individuals are delegates entering Australia to attend or participate in the International Indigenous Peoples and Local Communities Land and Sea Managers Network inaugural conference, held in Darwin from 26 May 2013 to 31 May 2013. The obligations imposed by this instrument primarily concern the class of persons specified—delegates attending the conference. These individuals are exempt from paying the visa application charge when submitting their Subclass 600 (Visitor) visa applications. This exemption is clearly defined and limited to the specified timeframe and event. The instrument also implicitly obligates relevant government departments, particularly those handling visa applications, to implement and enforce this exemption correctly and efficiently. Breach of the provisions outlined in this instrument could potentially lead to legal consequences, though specific offences or penalties are not detailed within the instrument itself. Generally, failure to comply with the stipulations of the Migration Regulations 1994 could result in administrative penalties, including fines or additional charges being applied to the visa application. However, this particular instrument focuses on the exemption of charges rather than imposing additional burdens, thus the primary consequence of non-compliance would be the failure to receive the intended benefit of the nil VAC. In summary, the instrument provides a nil VAC for a specific group of individuals attending a particular conference, imposes the obligation on these individuals to meet the specified criteria, and does not detail specific penalties for non-compliance but implies that adhering to the regulations is necessary to benefit from the exemption.