Migration Regulations 1994 - Specification of Forms, Fees, Circumstances and Different Way of Making an Application - IMMI 13/063

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Commonwealth of Australia

 

Forms, Fees, Circumstances and Different Way of Making an Application

made under paragraphs 2.61(3A)(b) and 2.61(3A)(c), subregulations 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5), 2.73(9) and 2.73A(2), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc) of Schedule 1

Migration Regulations 1994

Compilation No. 1

Compilation date:   19 November 2016

Include amendments up to:  Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107

Prepared by the Department of Immigration and Border Protection


About this compilation

 

This compilation

This is a compilation of the Forms, Fees, Circumstances and Different Way of Making an Application that shows the test of the law as amended and in force on 19 November 2016 (the compilation date).

This compilation was prepared on 19 November 2016

The notes at the end of this compilation (the endnotes) include information about amending law and the amendment history of provision of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


I, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraphs 2.61(3A)(b) and 2.61(3A)(c), subregulations 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5), 2.73(9) and 2.73A(2), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc) of Schedule 1 to the Migration Regulations 1994 (the Regulations):

Items 1 to 8––Applications related to a Temporary Business Entry (Class UC) visa and a Subclass 457 (Temporary Work (Skilled)) visa

  1. SPECIFY for the purpose of paragraph 2.61(3A)(b) and subregulation 2.66(3) the form to be used is 1196 (Internet);
  2. SPECIFY for the purpose of paragraph 2.61(3A)(c) and subregulation 2.66(4) the applicable fee is AUD 420;
  3. SPECIFY for the purpose of subregulation 2.73(3) the approved form is 1196 (Internet);
  4. SPECIFY for the purpose of subregulation 2.73(5) the applicable fee is AUD 330;
  5. SPECIFY for the purpose of paragraph 1223A(1)(b) the form to be used is 1066 (Internet);
  6. SPECIFY for the purpose of paragraph 1223A(1)(bb) the form to be used is 1066S (Internet);
  7. SPECIFY for the purpose of paragraph 2.61(3B)(a), subregulations 2.66(5)(a) and 2.73(9)(a) and paragraphs 1223A(1)(ba) and 1223A(1)(bc) the following circumstances:

(a) electronic lodgement is prevented by the Department of Immigration and Border Protection’s (the Department’s) systems; and

(i) electronic lodgement of the application is not prevented by the Migration Act 1958 (the Act) or Migration Regulations 1994 (the Regulations); and

(ii) the problem has been identified by the Department; and

(iii) the expected time for the problem to be rectified will fall outside of the Department’s business hours; and  

(iv) the visa applicant will become unlawful before the Department’s next business day commences; and

(v) written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department; or

(b) electronic lodgement is prevented by the Department of Immigration and Citizenship’s systems; and

(i) electronic lodgement of the application is not prevented by the Act or the Regulations; and

(ii) the problem is unable to be rectified by the Department; and

(iii) written authorisation and a copy of the relevant form to be completed by the applicant is provided with the authorisation by the Department.

8.                   SPECIFY for the purpose of paragraphs 2.61(3B)(a), 2.61(3B)(b), subregulations  2.66(5)(a), 2.66(5)(b) and 2.73(9)(a), 2.73(9)(b) and paragraphs 1223A(1)(ba) and 1223A(1)(bc) the following different way of making an application or nomination:

(a) be made on the form provided with the written authorisation; and

(b) include the name and position number of the authorising officer; and be emailed to e457.Manual.Lodgement@border.gov.au with a copy of the authorising email, before midnight (AEST or AEDST when applicable) on the day following the date on which the authorising email was sent by (the authorised officer of) the Department.

Items 9 to 13––Applications related to a temporary activity sponsor and a nominations for the purposes of a Subclass 407 (Training) visa

9.                  SPECIFY for the purposes of paragraphs 2.61(3A)(b) and 2.61(3B)(b), subregulation 2.66(3) and paragraph 2.66(5)(b) of the Regulations, for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the form to be used is 1478 (Internet).

10.              SPECIFY for the purposes of subregulation 2.66(4) and paragraphs 2.61(3A)(c), 2.61(3B)(c) and 2.66(5)(c), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the applicable fee is AUD 420.

11.              SPECIFY for the purposes of paragraphs 2.61(3B)(a) and 2.66(5)(a), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the following circumstances:

(a)               electronic lodgement is prevented by the Department of Immigration and Border Protection’s (the Department) systems; and

(i)            electronic lodgement of the application is not prevented by the Act or the Regulations; and

(ii)         the problem has been identified by the Department; and

(iii)       the expected time for the problem to be rectified will fall outside of the Department’s business hours; and

(iv)        the visa applicant will become unlawful before the Department’s next business day commences; and

(v)          written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department; or

(b)               electronic lodgement is prevented by the Department’s systems; and

(i)            electronic lodgement of the application is not prevented by the Act or the Regulations; and

(ii)         the problem is unable to be rectified by the Department; and

(iii)       written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department.

12.              SPECIFY for the purposes of subregulations 2.61(3B) and 2.66(5), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the different way of making an application:

(a)               in accordance with the directions set out in the email authorising the use of form 1478 before midnight (AEST or AEDST when applicable) on the day following the date on which the authorising email was sent by (an officer of) the Department; or

(b)               if the applicant is outside Australia the authorised application may also be made at a diplomatic, consular or migration officer maintained by or on behalf of the Commonwealth outside Australia.

13.              SPECIFY for the purposes of subregulation 2.73A(2) that the application for nominating a program of occupational training is:

(a)               made on form 1479N or 1479N (Internet);

(b)               accompanied by a fee of AUD 170; and

(c)               be lodged in one of the following ways:

(i)            internet application;

(ii)         in accordance with the directions set out in the email authorising the use of form 1479N before midnight (AEST or AEDST when applicable) on the day immediately following the date on which the authorising email was sent by (an officer of) the Department; or

(iii)       if the applicant is outside Australia—at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

Endnote 3—Legislation history

 

Number and year

Registration

Commencement

Application, saving and transitional provisions

Forms, Fees, Circumstances and Different Way of Making an Application
– IMMI 13/063

28 Jun 2013 (F2013L01242)

1 July 2013

 

Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107 – IMMI 16/107

18 Nov 2016 (F2016L01776)

  19 Nov 2016

 

Endnote 4—Amendment history

 

Provision affected  How affected

Chapeau   rs F2016L01776

Item 1    am F2016L01776

Para 7(a)   am F2016L01776

Sub-para 7(a)(i)  am F2016L01776

Sub-para 7(a)(ii)  am F2016L01776

Sub-para 7(a)(v)  am F2016L01776

Sub-para 7(a)(iii)   am F2016L01776

Sub-para 7(a)(iv)  am F2016L01776

Sub-para 7(b)(i)  am F2016L01776

Sub-para 7(b)(ii)  am F2016L01776

Sub-para 7(b)(iii)  am F2016L01776

Para 8(b)   am F2016L01776

Items 9-13   ad F2016L01776

 

 

 

Overview

The Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107 was enacted in 2016 to address the need for amendments to the Migration Regulations 1994 concerning specific forms, fees, circumstances, and alternative methods for making visa applications. This legislative instrument was prepared by the Department of Immigration and Border Protection and was introduced to streamline and clarify the application process for certain visa categories by specifying the necessary forms, fees, and conditions under which alternative application methods can be used. The policy objective behind this amendment is to ensure that the visa application process is both efficient and accessible, particularly in circumstances where technical issues prevent electronic submissions, thereby safeguarding the legal status of applicants while they await resolution of these issues. The enacting body was the Minister for Immigration and Border Protection, acting under the authority granted by the Migration Act 1958 and the Migration Regulations 1994.

Scope and Application

The legislative instrument F2013L01242, specifically the Forms, Fees, Circumstances and Different Way of Making an Application made under paragraphs 2.61(3A)(b) and 2.61(3A)(c), subregulations 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5), 2.73(9) and 2.73A(2), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc) of Schedule 1 to the Migration Regulations 1994, applies to individuals and entities involved in the migration process within Australia. It pertains to applications related to Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)) visas, temporary activity sponsorship, and nominations for a Subclass 407 (Training) visa. This instrument governs the specific forms, fees, circumstances under which applications can be made, and alternative methods of application when electronic lodgement is not feasible due to system issues. The geographic scope of this legislation is national, as it pertains to the administration of migration within Australia, and is subject to the overarching framework provided by the Migration Act 1958 and the Migration Regulations 1994. The application of this legislation can be further extended or restricted through subordinate instruments, ensuring flexibility in administrative practices.

Key Provisions

The primary sections of this legislative instrument outline the forms, fees, circumstances, and alternative methods for making applications under specific provisions of the Migration Regulations 1994. These sections detail the required forms and fees for applications related to Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)) visas, temporary activity sponsorships, and nominations for Subclass 407 (Training) visas. For instance, section 1 specifies that the form to be used for certain applications is form 1196 (Internet), and the applicable fee is AUD 420. Similarly, section 9 specifies that for applications related to temporary activity sponsorships, the form to be used is form 1478 (Internet) and the applicable fee is AUD 420. The Act imposes several obligations and requirements on the parties or entities it governs. These include the necessity to use the specified forms for making applications, to pay the applicable fees, and to adhere to the specified circumstances under which alternative methods of making an application can be used. For example, section 7 specifies that alternative methods of making an application can be used if electronic lodgement is prevented by the Department of Immigration and Border Protection’s systems, among other conditions, and requires that written authorisation and a copy of the relevant form be provided by the Department. Violations of this legislation may result in civil or criminal consequences. While the specific penalties for breach are not detailed in the text, under Australian law, breaches of migration regulations can lead to substantial fines, imprisonment, or both. For instance, under the Migration Act 1958, a person who contravenes a direction given under the Act may be liable to a penalty of up to 200 penalty units (currently AUD 22,000) for an individual and up to 1,000 penalty units (currently AUD 110,000) for a body corporate, depending on the nature and severity of the breach. Additionally, in cases of serious or repeated breaches, criminal charges may be brought, which could result in more severe penalties including imprisonment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.