EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR TEMPORARY WORK VISA APPLICATIONS 2015
(Items 1205, 1212B, 1217, 1232, 1233, 1234 and 1235)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for Items 1205, 1212B, 1217, 1232, 1233, 1234 and 1235 of the Migration Regulations 1994 (the Regulations).
2. This Instrument revokes Instrument number IMMI 14/068 (F2014L01279) made on 19 September 2014, Instrument number IMMI 14/069 (F2014L01280) made on 19 September 2014 and Instrument number IMMI 14/084 (F2014L01284), signed on 10 September 2014, specifying classes of persons and addresses for paragraphs 1205(3)(a), 1233(3)(a) and 1235(3)(a) 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 specify the numbers of the approved form or forms, and the location and manner of lodgement for valid applications for Investor Retirement (Class UY), Retirement (Temporary) (Class TQ), Special Program (Temporary)(Class TE), Temporary Work (Long Stay Activity) (Class GB) (Subclass 401) visas, Temporary Work (International Relations) (Class GD) (Subclass 403), Temporary Work (Entertainment) (Class GE) (Subclass 420) visas and Training and Research (Class GC) visas in the Research, Professional Development or the Occupational Trainee streams.
5. The Instrument operates to specify approved forms, addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visas.
6. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR Reference 17108).
8. 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.
9. The Instrument, IMMI 15/042, commences on 18 April 2015.
Overview
The Arrangements for Temporary Work Visa Applications 2015 is an instrument made under the Migration Regulations 1994 to specify details for making valid applications for various temporary work visas. This includes the approved forms, addresses for lodgement and the manner in which applications must be made for Investor Retirement, Retirement (Temporary), Special Program (Temporary), Temporary Work (Long Stay Activity), Temporary Work (International Relations), Temporary Work (Entertainment) and Training and Research visas. The instrument revokes earlier instruments related to temporary work visas and specifies the details for making valid applications for the relevant visas. It was introduced by the Australian Government and the policy objective is to streamline the visa application process for temporary work visas. The instrument does not require consultation, a Regulation Impact Statement, or a Statement of Compatibility with Human Rights as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Scope and Application
This legislative instrument specifies the approved forms, addresses for lodgement, and the manner in which applications must be made for certain temporary work visas under the Migration Regulations 1994. It applies to individuals seeking Investor Retirement (Class UY), Retirement (Temporary) (Class TQ), Special Program (Temporary)(Class TE), Temporary Work (Long Stay Activity) (Class GB) (Subclass 401) visas, Temporary Work (International Relations) (Class GD) (Subclass 403), Temporary Work (Entertainment) (Class GE) (Subclass 420) visas, and Training and Research (Class GC) visas in the Research, Professional Development or the Occupational Trainee streams. The instrument operates on a national level, aligning with the broader framework established under the Migration Regulations 1994. The application of this instrument is not restricted by any specified exclusions or exemptions and does not involve any particular thresholds. While the instrument itself does not extend or restrict application through subordinate instruments, it aligns with the overarching provisions and administrative guidelines stipulated within the Migration Regulations 1994.
Key Provisions
The main provisions of the Migration Regulations 1994 (Arrangements for Temporary Work Visa Applications) 2015 (the Instrument) focus on the specifications for the forms, addresses, and procedures necessary for valid applications for certain temporary work visas. This includes the Investor Retirement (Class UY), Retirement (Temporary) (Class TQ), Special Program (Temporary) (Class TE), Temporary Work (Long Stay Activity) (Class GB) (Subclass 401), Temporary Work (International Relations) (Class GD) (Subclass 403), Temporary Work (Entertainment) (Class GE) (Subclass 420) visas, and Training and Research (Class GC) visas in the Research, Professional Development, or Occupational Trainee streams. These specifications are outlined in items 1205, 1212B, 1217, 1232, 1233, 1234, and 1235 of the Regulations, and the Instrument revokes previous instruments specifying similar details (paragraph 2).
The Instrument imposes obligations on applicants for these visas to ensure they use the correct approved forms and submit their applications in the specified manner and to the correct address (paragraph 6). It also mandates that these applications must adhere to the outlined procedures to be considered valid. The Instrument is made under the authority of subregulation 2.07(5) of the Migration Regulations 1994 and operates to streamline the application process for the specified visas by clarifying the procedural requirements (paragraph 5).
The Instrument does not detail any specific offences, penalties, or consequences for non-compliance with the outlined requirements. However, under the broader framework of the Migration Regulations 1994, failure to comply with visa application procedures could lead to the rejection of an application, which may result in delays or denial of the visa. The broader legislative framework under which the Regulations operate may include provisions for penalties or sanctions for non-compliance, although these are not explicitly mentioned in the Instrument itself. Given the administrative nature of this Instrument, it does not outline penalties but rather ensures clarity and consistency in the application process for the specified visas.