Overview

The Migration Act 1958, along with its accompanying Migration Regulations 1994, is a fundamental piece of Australian legislation governing the entry, stay, and departure of individuals from Australia. This Act was enacted to address the need for a comprehensive legal framework governing immigration processes, including the regulation of visas and the control of illegal immigration. The problem it was introduced to address included the management of population influxes, ensuring national security, and facilitating the orderly migration of people to Australia. The Act and its Regulations were established by the Parliament of Australia to provide a structured approach to immigration matters. The policy objective of this legislative instrument is to streamline the application process for specific types of visas by clearly defining the addresses to which applications must be submitted. The 2003 legislative instrument specifies addresses for the purposes of subparagraphs 1205(3)(c)(i), (ii), and (iii) of the Migration Regulations 1994, thereby ensuring that applicants for an Entertainment visa know exactly where to send their applications and related documents.

Scope and Application

The legislative instrument F2005B02733 pertains to the Commonwealth of Australia's Migration Act 1958, specifically focusing on the application of subparagraphs 1205(3)(c)(i), (ii), and (iii) of the Migration Regulations 1994. It applies to individuals who are seeking to meet the criteria for the grant of a Subclass 420 (Entertainment) visa. The instrument outlines the specific addresses where such applications must be submitted, whether by post, courier service, or facsimile, thereby regulating the procedural conduct for visa applications under the specified subclass. The geographic reach of this instrument is national, as it applies to all visa applicants within Australia. The instrument revokes all existing Gazette Notices related to these subparagraphs and establishes new addresses for the submission of visa applications. The application of this legislative instrument can be extended or modified through subordinate instruments, as indicated by Regulation 1.17 of the Migration Regulations 1994.

Key Provisions

The legislative instrument revokes all existing Gazette Notices that specify addresses for the purposes of subparagraphs 1205(3)(c)(i), (ii), and (iii) of the Migration Regulations 1994, and replaces them with new addresses for the submission of visa applications for a Subclass 420 (Entertainment) visa. Specifically, subparagraph 1205(3)(c)(i) mandates that applications be posted to a designated post office box (PO Box 9984, SYDNEY NSW 2001). Subparagraph 1205(3)(c)(ii) requires applications to be delivered by a courier service to the DIMIA Sydney City Office at Level 2, Gateway House, 26 Lee Street, SYDNEY NSW 2000. Lastly, subparagraph 1205(3)(c)(iii) stipulates that applications can be sent via facsimile to the number +61 2 9032 4048. The obligations imposed by this legislative instrument on the parties it governs are primarily concerned with the submission of visa applications for the Subclass 420 (Entertainment) visa. Applicants must ensure that their applications are submitted in one of the three specified ways, which are posting to the PO Box address, delivering by a courier service to the Sydney City Office address, or sending by facsimile to the provided fax number. Each method must comply with the regulations, which include using the correct pre-paid postage for the postal option, ensuring that courier services adhere to the specified address, and that facsimile transmissions are sent to the correct number. The legislative instrument does not explicitly outline specific offences, penalties, or consequences for breaches. However, non-compliance with the specified submission methods could potentially result in the visa application being rejected. Given that the Migration Act 1958 and the Migration Regulations 1994 encompass a wide range of provisions for dealing with non-compliance, it is likely that any breach of these submission requirements could lead to administrative penalties, including delays in processing, fines, or other administrative actions as stipulated elsewhere in the Act and Regulations. The exact penalties would depend on the nature and severity of the breach, as well as other relevant legal provisions.