EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS (EMERGENCY SERVICES) 2015
(Sub-subparagraph 1231(2)(a)(iv)(A))
- This Instrument is made under sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
- The purpose of the Instrument is to only specify persons who have been invited to Australia by the Australian Government, or by an Australian State or Territory government, to assist in providing emergency services in connection with a disaster or emergency as a class of persons applying for the Subclass 400 (Temporary Work (Short Stay Activity)) visa.
- The Instrument operates by specifying applicants for a Subclass 400 (Temporary Work (Short Stay Activity)) visa who are a class of persons who under sub-subparagraph 1231(2)(a)(iv)(A) are not required to pay a Visa Application Charge.
- Consultation was not necessary as, under subsection 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR Reference 19058).
7. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. This Instrument, IMMI 15/081, commences on the day after registration on the Federal Register of Legislative Instruments.
Overview
The Class of Persons (Emergency Services) 2015 Instrument was enacted to amend the Migration Regulations 1994 by specifying that persons invited to Australia to provide emergency services in connection with a disaster or emergency are eligible for the Subclass 400 (Temporary Work (Short Stay Activity)) visa without the requirement to pay a Visa Application Charge. This legislative instrument was introduced to ensure that individuals who are critical in responding to emergencies in Australia can be swiftly deployed without the financial barrier of the visa application charge, thereby facilitating an effective and timely response to disasters. The Instrument was made under the authority of sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations 1994 and was enacted by the Australian Government. Given its nature, consultation was not deemed necessary, and it was exempt from disallowance, as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Scope and Application
The CLASS OF PERSONS (EMERGENCY SERVICES) 2015 Instrument applies to applicants for the Subclass 400 (Temporary Work (Short Stay Activity)) visa who have been invited to Australia by the Australian Government, or by an Australian State or Territory government, to provide emergency services in connection with a disaster or emergency. This Instrument specifies that these particular applicants are exempt from paying the Visa Application Charge under sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations 1994. The regulation is made under the authority provided by the Migration Regulations 1994 and operates to streamline the visa application process for emergency service providers who are responding to a disaster or emergency situation in Australia. This exemption from the Visa Application Charge aims to facilitate the timely arrival of necessary personnel to assist in emergency response efforts. The scope of the Instrument is limited to those applicants who meet the specified criteria and does not extend to any other classes of visa applicants or to any other types of visas. Additionally, the regulation is not subject to disallowance and does not require a Human Rights Statement of Compatibility.
Key Provisions
The CLASS OF PERSONS (EMERGENCY SERVICES) 2015 Instrument specifies particular groups of individuals who can apply for a Subclass 400 (Temporary Work (Short Stay Activity)) visa without needing to pay a Visa Application Charge (VAC) (section 3). This applies specifically to those invited by the Australian Government or a state or territory government to provide emergency services in relation to a disaster or emergency (section 3(1)). The regulation is designed to streamline the visa process for these essential personnel who are needed in critical situations.
The obligations imposed by the Instrument primarily concern the eligibility criteria for the Subclass 400 visa for emergency service providers. Those invited by the Australian Government or a state or territory government to provide emergency services are exempt from the VAC, provided they meet the criteria outlined in the Instrument (section 3). This exemption is to facilitate the rapid deployment of skilled personnel in emergency situations.
For those who do not meet the criteria specified in the Instrument, the usual requirements for the Subclass 400 visa still apply, including the payment of the VAC. The Instrument ensures that only those directly involved in providing emergency services under the specified conditions benefit from the exemption (section 3(2)).
Breaches of the provisions in the CLASS OF PERSONS (EMERGENCY SERVICES) 2015 Instrument could lead to civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. Generally, non-compliance with visa regulations can result in penalties under the Migration Act 1958, which may include fines and, in severe cases, imprisonment. However, the explanatory statement does not provide specific maximum penalties for breaches of this Instrument.
In conclusion, the CLASS OF PERSONS (EMERGENCY SERVICES) 2015 Instrument simplifies the visa application process for emergency service providers invited by the Australian Government or state and territory governments. It sets clear criteria for eligibility and outlines the exemption from the VAC for those involved in emergency services, while ensuring that those not meeting the criteria remain subject to standard visa requirements.