Migration Regulations 1994 - Specification of Arrangements for Maritime Crew and Superyacht Visa Applications 2015 - IMMI 15/126

IMMI 15/126

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR MARITIME CREW AND SUPERYACHT VISA

APPLICATIONS 2015

(Schedule 1, Part 2, Items 1227 and 1227A)

1. 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.
2. This Instrument revokes Instrument number IMMI 15/041, (F2015L00554), signed on 16 April 2015, specifying arrangements for Maritime Crew and Superyacht visa applications under subregulations 2.07(5) for the purposes of Items 1227 and 1227A of Schedule 1 to the Regulations.
3. 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.
4. The purpose of the Instrument is to specify the form numbers of the approved forms and the classes of applicant who must use those specified forms. The instrument also specifies the places 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 and the manner of lodgement.
5. The Instrument will operate to specify classes of person who may use the approved paper based forms for making an application for Maritime Crew (Temporary) (Class ZM) Subclass 988 as well as the classes of persons who may use the Internet and paper application forms to apply for a Superyacht Crew (Temporary) (Class UW) Subclass 488 visas. This Instrument also specifies a new class of persons who may use the Internet form for Subclass 988 applications. Only persons who provide an email address and consent to electronic communication regarding the application may use the Internet form for Subclass 988 applications.
6. The instrument affects the method by which classes of persons may apply for a Subclass 988 visa but it does not affect the classes of persons who may apply. For example,   persons who do not provide an email address or consent to electronic communication regarding the application may use the paper form to lodge an application. Accordingly, consultation is unnecessary as, under section 18 of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. 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.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17456).
9. Delegation DEL 15/090, signed on 30 June 2015, provides the Senior Executive Service Level 2, Visa and Citizenship Management Division the Ministerial delegation to sign the Instrument.
10. The Instrument, IMMI 15/126 commences on 21 November 2015.