EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Item 4 of the table in paragraph 1231(2)(a))

1. This Instrument is made under Item 4 of the table in paragraph 1231(2)(a) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Item 4 of the table in paragraph 1231(2)(a) provides that for 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 instruments IMMI 12/074 and IMMI 12/080 which were made under subparagraph 1223A(2)(a)(ix) and which prescribed the classes of persons who were entitled to a nil VAC when applying for a Subclass 456 (Business (Short Stay)) visa.  The instrument specifies a class of persons entitled to a nil VAC when applying for a Subclass 400 (Temporary Work (Short Stay Activity)) visa.
4. The Instrument operates to specify a class of persons, for the purposes of paragraph 1231(2)(a) of Schedule 1 to the Regulations, applying for a Subclass 400 visa, who have 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.
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 13/010, commences on 23 March 2013, immediately after the commencement of Migration Amendment Regulation 2013 (No. 1).