EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS FOR TEMPORARY ACTIVITY (CLASS GG) VISA AND EVENTS AND CLASS OF PERSONS FOR SUBCLASS 408 (TEMPORARY ACTIVITY) VISA 2016/105
(subitem 1237(2) and paragraphs 408.229(b) and 408.229(c))
- Instrument IMMI 16/105 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of subitem 1237(2) of Schedule 1 to the Regulations, and also under paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Regulations.
- The purpose of the Instrument is to specify matters for the making of an application for a Temporary Activity (Class GG) visa and particular criteria relevant to the grant of the corresponding Subclass 408 (Temporary Activity) visa. This is a new visa class and subclass of visa made for the streamlining of temporary activity visas and given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
- The operation of the Instrument is for the Minister to specify the first instalment of the visa application charge for the specified class of persons for a temporary activity (Class GG) visa.
- The further operation of the Instrument is for the Minister to specify, for an applicant of a Subclass 408 (Temporary Activity) visa, the events that are Australian Government endorsed events, and the class of persons in relation to these events, for the purposes of paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Regulations.
- Prior to making the Instrument, the Department of Immigration and Border Protection (the Department) undertook consultation with the Department of Health, the Attorney-General’s Department’s Office of Sport, the Australian Security Intelligence Organisation, entertainment industry stakeholders, and organisers of the 2018 Gold Coast Commonwealth Games.
- The Department also 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.
- 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.
- The Office of Best Practice Regulation (OBPR) has been consulted (OBPR Reference: 19898). OBPR advised that a Regulatory Impact Statement is not required for the Instrument.
- 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.
- The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.
Overview
The Migration Regulations 1994, as amended by the Migration Amendment (Temporary Activity Visas) Regulation 2016, address the need for a more streamlined and efficient process for temporary activity visas in Australia. This legislative framework introduces the Temporary Activity (Class GG) visa and the Subclass 408 (Temporary Activity) visa to facilitate the entry of individuals participating in temporary activities, such as sports events and entertainment performances. The legislation was enacted by the Australian Government, with the intention of improving the administration of temporary visas and enhancing the integrity of the visa system. The policy objective is to provide a clear and consistent framework for processing temporary activity visas, ensuring that these visas are granted to the right individuals for the right activities, thereby supporting Australia’s economic and cultural interests.
Scope and Application
The IMMI 16/105 Instrument, made under the Migration Regulations 1994, specifies the application requirements and criteria for the Temporary Activity (Class GG) visa and the Subclass 408 (Temporary Activity) visa. This regulation targets individuals or entities seeking to enter Australia for temporary activities, such as those involved in specific endorsed events or those who are required to participate in temporary work, cultural, or sporting activities. The regulation applies nationally across Australia, ensuring uniformity in the application and processing of these temporary activity visas. While the Instrument broadly applies to all eligible applicants, it excludes matters already covered by other regulations or legislative provisions, such as those related to character tests or other specific visa subclasses. The scope of the Instrument can be further defined or extended through subordinate instruments, which may provide additional details or exemptions for particular circumstances or categories of applicants.
Key Provisions
The primary provisions of the Instrument IMMI 16/105 (paragraphs 1-2) are designed to define the application process for a Temporary Activity (Class GG) visa and establish specific criteria for granting the corresponding Subclass 408 (Temporary Activity) visa. This instrument was developed to streamline the temporary activity visa process and is effective under subitem 1237(2) of Schedule 1 and paragraphs 408.229(b) and 408.229(c) of Schedule 2 of the Migration Regulations 1994. The Instrument facilitates the specification of the initial instalment of the visa application charge for the specified class of persons applying for a temporary activity (Class GG) visa, and it also identifies the Australian Government endorsed events and the relevant class of persons for the purposes of granting a Subclass 408 visa.
The obligations imposed by the Instrument on the applicants and relevant entities include providing accurate information in visa applications, meeting the specified criteria for endorsed events, and ensuring compliance with the application charge stipulations. The Minister is required to specify the first instalment of the visa application charge, which applicants must pay as part of the application process. Furthermore, the Instrument mandates that the Department of Home Affairs (formerly known as the Department of Immigration and Border Protection) identifies the endorsed events and the class of persons eligible to apply for the Subclass 408 visa. This involves consultation with various stakeholders and adherence to the criteria outlined in the Regulations.
There are potential civil and criminal consequences for breaches of the Instrument. While specific penalties are not detailed in the Instrument itself, breaches of the Migration Regulations 1994 can lead to various sanctions. For example, providing false or misleading information in a visa application can result in visa cancellation, deportation, and a ban on future visa applications. Under section 231 of the Migration Act 1958, individuals found guilty of providing false information can be subject to a penalty of up to five years imprisonment or a fine of up to 120,000 penalty units, or both. Additionally, failure to pay the specified visa application charge can lead to administrative penalties and may also result in visa application refusal. These provisions underscore the importance of compliance with the Instrument and the broader visa regulations.