EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENT FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS 2016/112
(Items 1212B, 1217, 1231, 1234, 1237 and 1238)
- Instrument IMMI 16/112 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1212B, 1217, 1231, 1234, 1237 and 1238 of Schedule 1 to the Regulations.
- The Instrument revokes IMMI 15/042 (F2015L00555) and IMMI 15/121 (F2015L01447) under subregulations 2.07(5) of the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, 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 Instrument operates to specify the approved forms, classes of applicants, and the place and manner for making a valid application for the relevant visas. The Instrument states that an applicant for a:
- Training (Class GF) visa must apply using the form 1479 or 1479 (Internet); and
- Temporary Activity (Class GG) visa must apply using form 1480 or 1480 (Internet).
The applicant must complete an approved form in accordance with any directions on that form. The Instrument is also for the Minister to specify, under subregulation 2.07(5), the manner in which an application for a Training (Class GF) and a Temporary Activity (Class GG) visa must be made.
4. The Department of Immigration and Border Protection (the Department) has undertaken to streamline temporary activity visas. This change is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The purpose of the Instrument is for the Minister to specify the approved form for making an application for an Item 1237 Training Temporary Activity (Class GG) visa, and for an Item 1238 Temporary Activity (Class GF) visa.
5. Extensive consultation was undertaken for the development of the new visa framework for temporary activity visas that is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
6. The Department consulted extensively in developing the new visa framework. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework.
7. Adjacent to this review, the Department and the Ministry for the Arts undertook a joint review of the Entertainment (subclass 420) visa and released a discussion paper on 12 January 2015, which provided an overview of a range of deregulation opportunities and proposed changes to longstanding VAC concessions. Sixty-three key stakeholders, including unions, entertainment bodies, current sponsors, relevant government agencies and migration agents were advised of the review. The department met with a number of stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.
8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898).
9. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.
Overview
The Arrangement for Temporary Work and Temporary Activity Visa Applications 2016/112, made under the Migration Regulations 1994, serves to streamline the application process for temporary activity visas by specifying the approved forms and classes of applicants. This instrument was introduced to address the need for an efficient and clearly defined application process for temporary work and activity visas, particularly in response to feedback from industry stakeholders and public consultations. Enacted by the Department of Immigration and Border Protection, the objective is to facilitate easier access to temporary work opportunities while maintaining stringent application standards. The Instrument revokes previous arrangements (IMMI 15/042 and IMMI 15/121) and outlines the precise forms and methods through which applicants must submit their visa applications, ensuring compliance with the latest regulatory requirements.
Scope and Application
The Migration Regulations 1994 Arrangement for Temporary Work and Temporary Activity Visa Applications 2016/112, as specified in instrument IMMI 16/112, applies to individuals and entities seeking to apply for a Training (Class GF) visa or a Temporary Activity (Class GG) visa in Australia. These regulations replace earlier instruments IMMI 15/042 and IMMI 15/121, streamlining the application process for temporary activity visas as part of a broader effort to reform the temporary visa framework. The Instrument is made under the authority of subregulation 2.07(5) of the Migration Regulations 1994 and operates to specify the approved forms, classes of applicants, and the manner in which applications must be made. Specifically, applicants for a Training (Class GF) visa must submit form 1479 or 1479 (Internet), and those for a Temporary Activity (Class GG) visa must submit form 1480 or 1480 (Internet), completing the approved forms in accordance with any directions provided. The Instrument applies nationally across Australia, and its provisions are consistent with the Migration Amendment (Temporary Activity Visas) Regulation 2016. This Instrument does not contain specific exclusions or exemptions but is subject to the broader provisions of the Migration Act 1958 and the Migration Regulations 1994. The Instrument exempts from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights.
Key Provisions
The Migration Regulations 1994 Arrangement for Temporary Work and Temporary Activity Visa Applications 2016/112 (Instrument IMMI 16/112) specifies the approved forms, classes of applicants, and the place and manner for making a valid application for relevant temporary activity visas. Specifically, the Instrument requires applicants for a Training (Class GF) visa to use form 1479 or 1479 (Internet) (Item 1212B), and applicants for a Temporary Activity (Class GG) visa to use form 1480 or 1480 (Internet) (Item 1217). These forms must be completed in accordance with any directions provided on the form. The Instrument also outlines the manner in which an application for these visas must be made (Items 1231, 1234, 1237, and 1238).
The obligations imposed by the Instrument are primarily administrative and procedural, focusing on ensuring that applicants use the correct forms and follow the specified processes for lodging their visa applications. The Department of Immigration and Border Protection is responsible for specifying the approved forms and ensuring that the application process is streamlined and efficient. Applicants must ensure they complete and submit the correct forms, providing all necessary information and documentation to support their application.
Breaches of the requirements set out in the Instrument may result in the application being rejected or deemed invalid. There are no specific offences, penalties, or consequences outlined in the Instrument itself; however, the Migration Act 1958 (Cth) provides for various civil and criminal penalties for breaches related to visa applications, including fines and imprisonment. For example, providing false or misleading information in a visa application can result in penalties of up to $27,500 or imprisonment for up to five years, or both, under section 231A of the Act. The specific consequences for non-compliance would depend on the nature and severity of the breach, as well as any relevant provisions in the broader legislative framework.