Migration Regulations 1994 - Specification of a Class of Persons - IMMI 14/022

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Legislation au F2014L00215 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

 

CLASS OF PERSONS

(Subparagraph 1236(2)(a)(iv))

 

  1. This Instrument is made under subparagraph 1236(2)(a)(iv) of the Migration Regulations 1994 (‘the Regulations’).
  2. Subparagraph 1236(2)(a)(iv) of the Regulations provides that for an applicant, in a class of persons specified by the Minister in an instrument in writing, a nil visa application charge (VAC) will apply.
  3. The purpose of the Instrument is to revoke the previous Instrument IMMI 13/084 and specify as a class of persons applying for Subclass 600 (Business Stream) visa, participants in the 2015 Asian Cup or designated persons seeking to enter Australia in connection with the International Cricket Council 2015 Cricket World Cup.  Persons in this class will be subject to a nil VAC when applying for a Subclass 600 (Business Stream) visa.
  4. The Instrument operates to specify a nil visa application charge for persons who apply for a Subclass 600 (Business Stream) visa and who are participants in the Asian Football Confederation 2015 or designated persons seeking to enter Australia in connection with the International Cricket Council 2015 Cricket World Cup.

5. Consultation was undertaken before the Instrument was made with the Major Sporting Events Taskforce in the Department of Health and with the Minister for Sport, the Hon Peter Dutton MP.

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16087).

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 commences the day after it is registered on the Federal Register of Legislative Instruments and ceases on 1 July 2015.

Overview

The Migration Regulations 1994, as amended by the legislative instrument F2014L00215, introduced a nil visa application charge (VAC) for specific classes of individuals applying for a Subclass 600 (Business Stream) visa. This was enacted to address the need for a streamlined application process for participants in major sporting events, namely the 2015 Asian Cup and the 2015 Cricket World Cup. The relevant authority, the Minister for Immigration and Border Protection, revoked the previous instrument, IMMI 13/084, to implement this change. The policy objective was to facilitate the entry of participants and designated persons associated with these international sporting events without imposing additional financial burdens, thereby supporting the hosting of these significant events in Australia. Consultation was conducted with relevant stakeholders, including the Major Sporting Events Taskforce and the Minister for Sport, before the instrument was made. The instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation. It is effective from the day after registration on the Federal Register of Legislative Instruments until 1 July 2015.

Scope and Application

The Migration Regulations 1994, as specified in Instrument F2014L00215, applies to certain individuals who are participants in the 2015 Asian Cup or designated persons connected with the International Cricket Council 2015 Cricket World Cup, when they apply for a Subclass 600 (Business Stream) visa. This subclass is specifically tailored to business visitors or participants in sporting events. The regulation is designed to waive the visa application charge for these individuals, providing a nil charge benefit to them when lodging their visa applications. This waiver is effective within the scope of the specified sporting events and does not extend to other types of visas or different categories of applicants. The regulation's geographic reach is national, applying uniformly across Australia as per the provisions of the Migration Regulations 1994. Any exclusions or limitations are inherently defined by the class of persons and the specific events mentioned, and no additional exclusions are stated within the text. The regulation is set to commence the day after its registration on the Federal Register of Legislative Instruments and will cease to be in effect on 1 July 2015, as per the specified duration.

Key Provisions

The key provisions of the Migration Regulations 1994, as amended by this Instrument, specify a nil visa application charge (VAC) for certain applicants seeking a Subclass 600 (Business Stream) visa. This applies to participants in the 2015 Asian Cup or designated persons entering Australia in connection with the International Cricket Council 2015 Cricket World Cup (subsection 1236(2)(a)(iv)). This amendment replaces a previous instrument, IMMI 13/084, and is effective from the day after its registration on the Federal Register of Legislative Instruments until 1 July 2015. The purpose is to facilitate the entry of these individuals without incurring the usual visa application charge. Parties or entities governed by these Regulations, specifically those applying for a Subclass 600 (Business Stream) visa as participants in the 2015 Asian Cup or designated persons in connection with the International Cricket Council 2015 Cricket World Cup, are exempt from the VAC. This exemption is intended to streamline the visa application process for these individuals, ensuring they are not burdened with additional fees when applying for their visas. The Regulations do not impose any specific obligations on these parties beyond the standard requirements for visa applications. There are no specific offences, penalties, or civil or criminal consequences outlined in this Instrument for breaches of the visa application process or the specified conditions. However, any breaches of the broader Migration Act 1958, of which these Regulations are a part, may incur penalties as stipulated in the Act. The nil VAC provision is an administrative measure intended to facilitate the visa application process for the specified class of persons, rather than a punitive measure. The exemption from the VAC is contingent upon the applicants meeting the criteria of being participants in the 2015 Asian Cup or designated persons in connection with the International Cricket Council 2015 Cricket World Cup.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.