Migration Regulations 1994 - Specification of Visas Attracting a Subsequent Temporary Application Charge 2016/098 - IMMI 16/098

Administered by Department of Home Affairs

Legislation au F2016L01784 Not in force Legislative Instrument

Legislation content


Commonwealth of Australia

 

Visas Attracting a Subsequent Temporary Application Charge 2016/098

made under paragraphs 2.12C(5)(a) and 2.12C(5)(c)

Migration Regulations 1994

Compilation No. 1

Compilation date:   24 November 2016

Includes amendments up to: Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120

Prepared by the Department of Immigration and Border Protection


About this compilation

 

This compilation

This is a compilation of the Visas Attracting a Subsequent Temporary Application Charge 2016/098 that shows the text of the law as amended and in force on 24 November 2016
(the compilation date).

This compilation was prepared on 30 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2.12C(5)(a) and 2.12C(5)(c) of the Migration Regulations 1994 (the Regulations):

  1. REVOKE Instrument IMMI 16/012 (F2016L00625), Visas Attracting a Subsequent Temporary Application Charge 2016/012, signed 29 April 2016; and
  2. SPECIFY  for the purposes of paragraphs 2.12C(5)(a) of the Regulations, the visas listed in Schedule 1 to this Instrument; and
  3. SPECIFY for the purposes of paragraph 2.12C(5)(c) of the Regulations, the visas listed in Schedule 2 to this Instrument.


SCHEDULE 1

Subclass

Streams within that subclass (if applicable)

500 (Student)

The whole Subclass except Foreign affairs students or Defence students or students enrolled in a registered Masters Degree by Research or Doctoral degree course (including PhD marking)

590 (Student Guardian)

The whole Subclass

407

The whole Subclass

408

The whole subclass except where an applicant is in a class of persons specified by the Minister for the purposes of subparagraphs 1237(2)(a)(i), 1237(2)(a)(ii) and 1237(2)(a)(iii) of Schedule 1 to the Regulations.

457

The whole Subclass

600

The whole Subclass

676

The whole Subclass

 


SCHEDULE 2

Subclass

Streams within that subclass (if applicable)

401

The whole Subclass

402

Occupational Trainee

402

Subclass 402 visa granted to an applicant who satisfied the requirements of paragraph 402.311(a) of Schedule 2

402

Research

402

Subclass 402 visa granted to an applicant who satisfied the requirements of paragraph 402.311(b) of Schedule 2

407

The whole Subclass

408

The whole Subclass

411

The whole Subclass

415

The whole Subclass

416

The whole Subclass

417

The whole Subclass

419

The whole Subclass

420

The whole Subclass

421

The whole Subclass

422

The whole Subclass

423

The whole Subclass

426

The whole Subclass

427

The whole Subclass

428

The whole Subclass

442

The whole Subclass

457

The whole Subclass

462

The whole Subclass

500

The whole Subclass except holders of a Subclass 500 visa who paid nil visa application charge as they were affected by provider default.

570

The whole Subclass other than holders of a Subclass 570 visa who paid nil visa application charge as they were affected by provider default.

571

The whole Subclass other than holders of a Subclass 571 visa who paid nil visa application charge as they were affected by provider default.

572

The whole Subclass other than holders of a Subclass 572 visa who paid nil visa application charge as they were affected by provider default.

573

The whole Subclass other than holders of a Subclass 573 visa who paid nil visa application charge as they were affected by provider default.

574

The whole Subclass other than holders of a Subclass 574 visa who paid nil visa application charge as they were affected by provider default.

575

The whole Subclass other than holders of a Subclass 575 visa who paid nil visa application charge as they were affected by provider default.

576

The whole Subclass other than holders of a Subclass 576 visa who paid nil visa application charge as they were affected by provider default.

580

The whole Subclass other than holders of a Subclass 580 visa who paid nil visa application charge as their nominating student was affected by provider default.

590

The whole Subclass except holders of a Subclass 590 visa who paid nil visa application charge as their nominating student was affected by provider default.

600

Tourist stream

602

The whole Subclass

676

The whole Subclass

685

The whole Subclass


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

    /subsubparagraph(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

SubCh = SubChapter(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

Visas Attracting a Subsequent Temporary Application Charge 2016/098
– IMMI 16/098

18 Nov 2016 (F2016L01784)

19 Nov 2016

 

Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120
– IMMI 16/120

23 Nov 2016 (F2016L01791)

  24 Nov 2016

 

Endnote 4Amendment history

 

Provision affected  How affected

Schedule 1 table  am F2016L01791

 

 

 

Overview

The Visas Attracting a Subsequent Temporary Application Charge 2016/098 legislative instrument was enacted by the Commonwealth of Australia to address the issue of subsequent temporary visa applications and the associated charges. The instrument was made under the Migration Regulations 1994 and specifies the visas that attract a subsequent temporary application charge. The objective of this instrument is to ensure that individuals applying for temporary visas are appropriately charged for their applications, while also providing relief to those who may have been adversely affected by provider defaults. This legislative instrument was enacted by the Parliament of Australia and came into force on 19 November 2016. It was subsequently amended by the Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120, which came into force on 24 November 2016. The Department of Immigration and Border Protection prepared this compilation of the Visas Attracting a Subsequent Temporary Application Charge 2016/098 to show the text of the law as amended and in force on 24 November 2016. The compilation includes information on the amendment history of the provisions and notes any uncommenced amendments. This compilation does not show the effect of any modifications made by other laws or the details of any repealed provisions. For more information on any uncommenced amendments, modifications, or repealed provisions, refer to the Legislation Register (www.legislation.gov.au).

Scope and Application

The Visas Attracting a Subsequent Temporary Application Charge 2016/098 applies to a range of temporary visa holders in Australia who are subject to a subsequent temporary application charge when they apply for another temporary visa. This legislative instrument revokes the previous Visas Attracting a Subsequent Temporary Application Charge 2016/012 and specifies the visas that are subject to the charge. The application charge applies to visa holders in various subclasses, including students, temporary skilled workers, and tourists, among others. It is noteworthy that certain subclasses and streams within subclasses are excluded from the charge, such as foreign affairs students, defence students, and those affected by provider defaults. This legislative instrument has a national reach, as it pertains to the Commonwealth of Australia and its immigration regulations. Any changes or updates to the charge or the list of applicable visas may be made through subordinate instruments, such as the Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120.

Key Provisions

The Visas Attracting a Subsequent Temporary Application Charge 2016/098 (the Instrument) specifies a list of visas that are subject to a subsequent temporary application charge (STAC) under the Migration Regulations 1994 (the Regulations). Section 2 of the Instrument revokes the previous Visas Attracting a Subsequent Temporary Application Charge 2016/012 and sets out the updated lists of visas in Schedule 1 and Schedule 2. The visas listed in these schedules will incur a STAC when an applicant makes a subsequent application for that visa within 12 months of being refused or having their previous visa cancelled. The STAC applies to certain temporary visa subclasses, including student visas (Subclass 500 and 590), working holiday visas (Subclass 417 and 462), and working visas (Subclass 402, 407, 408, 411, 415, 416, 420, 421, 422, 423, 426, 427, 428, 442, 457, 570, 571, 572, 573, 574, 575, 576, 580, and 600). Certain streams within these subclasses, such as Defence students or students enrolled in certain research degrees, are exempt from the STAC. The STAC does not apply to tourist stream visas (Subclass 602 and 685). The Instrument imposes obligations on visa applicants who are subject to the STAC. Specifically, these applicants must pay the STAC when they lodge a subsequent application within 12 months of a previous refusal or cancellation of their visa. Failure to pay the STAC may result in the visa application being refused. The STAC is not a criminal offence. However, failure to pay the STAC may result in the visa application being refused. The Regulations provide that the visa applicant will be notified in writing of the refusal and the reasons for the refusal. The visa applicant may appeal the decision to refuse the visa application. The penalties for not paying the STAC are administrative in nature, and there are no criminal penalties associated with non-payment.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

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.