EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Sub-subparagraph 1231(2)(a)(iv)(A))

1.          This Instrument is made under sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2.          Sub-subparagraph 1231(2)(a)(iv)(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 Instrument IMMI 13/010 and, in addition, to specify a class of persons, crew members of the Pacific Jewel who lodge applications prior to the August 2013 dry dock refit to remain on board the ship during that refit. Persons in this class will be entitled to a nil VAC when applying for a Subclass 400 (Temporary Work (Short Stay Activity)) visa.
4.          The Instrument also operates to specify a class of persons, for the purposes of sub-subparagraph 1231(2)(a)(iv)(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 not required (OBPR Reference 15053). 

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 13/073, commences on 1 July 2013 immediately after the commencement of Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013.