IMMI 15/041
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR MARITIME CREW AND SUPERYACHT VISA
APPLICATIONS 2015
(Schedule 1, Part 2, Items 1227 and 1227A)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1227 and 1227A of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 07/032, (F2007L01936), signed on 29 June 2007, specifying addresses for the purposes of item 1227 of Schedule 1 to the Regulations and Instrument number IMMI 12/049, (F2012L00976), signed on 23 April 2012, specifying for paragraph 1227A(3)(d) the addresses for lodgement of Superyacht Crew (Temporary) (Class UW) visa applications.
- Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The purpose of the Instrument is to specify the form numbers of the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applications for Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas.
- The Instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
- Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
- The Instrument, IMMI 15/041, commences on 18 April 2015.
Overview
The Arrangements for Maritime Crew and Superyacht Visa Applications 2015 (F2015L00554) was enacted to update the logistical processes for applying for Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas. This legislative instrument was made under subregulation 2.07(5) of the Migration Regulations 1994 by the Australian Government, specifically to address gaps in the administrative procedures concerning the application processes for these temporary visas. The primary objective of this instrument is to streamline the application process by specifying the approved form numbers, the manner of lodgement, and the addresses to which applications must be submitted. The instrument revokes previous legislative instruments that had specified different addresses for these visa applications, thereby ensuring that all applications are processed according to the most current administrative requirements.
Scope and Application
The Migration Regulations 1994 (Arrangements for Maritime Crew and Superyacht Visa Applications) 2015, identified by F2015L00554, applies specifically to individuals and entities lodging applications for Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas. It mandates the use of specified approved forms for the validity of these applications and outlines the correct addresses and methods for lodgement. This regulation is a revision to previous instruments, aiming to streamline the application process for maritime and superyacht crew visas within Australia. It operates under the jurisdiction of the Commonwealth of Australia, adhering to the Migration Regulations 1994 and operates nationally. The regulation does not require consultation, as it is deemed a minor or machinery nature instrument that does not substantially alter existing arrangements. This legislation does not impose any exemptions, exclusions, or thresholds that impact the general application process, but it does provide specific details necessary for compliance.
Key Provisions
The Migration Regulations 1994 (Arrangements for Maritime Crew and Superyacht Visa Applications 2015) (F2015L00554) provides specific details on the forms and procedures for applications related to Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas. According to Section 2.07(5) of the Regulations, this instrument replaces previous specifications (Items 1227 and 1227A of Schedule 1). It outlines the approved forms that must be used for valid applications and details the addresses to which these applications should be submitted. Additionally, it specifies the manner in which these applications must be made to ensure compliance with the regulatory requirements.
The obligations imposed by this instrument are primarily administrative and procedural. Applicants for the specified visas must use the forms designated by the instrument and submit their applications to the addresses specified. This ensures that all applications are processed uniformly and efficiently. The regulations also dictate that the applications must be submitted in the manner prescribed, which may include specific documentation and adherence to procedural protocols. Compliance with these specifications is essential to ensure the validity of the application and its subsequent processing.
Failure to adhere to the requirements set out in the instrument may result in the application being rejected. Such non-compliance could lead to delays or even denial of the visa application, which could have significant repercussions for the applicant. While the instrument does not explicitly outline specific offences or penalties, it is understood that non-compliance with migration regulations can lead to civil and criminal consequences. These may include fines, deportation, or bans on future applications, depending on the severity and nature of the non-compliance. The penalties for such breaches are generally governed by the broader provisions of the Migration Act 1958, which can include substantial fines and imprisonment in severe cases.