Overview

The Migration Regulations 1994 were amended in 2011 to refine the list of organisations that can sponsor applicants for the Sponsored Business Visitor (Short Stay) (Subclass 459) visa. This adjustment was introduced to ensure the integrity and efficiency of the subclass 459 visa program. The enacting body was the Parliament, which authorised these modifications through the relevant legislative framework. The primary objective was to enhance the program by removing organisations with low usage rates or significant integrity issues from the list of eligible sponsors, while also adding a few new organisations and correcting the names of some existing ones. The changes were intended to maintain a reliable sponsorship system that supports genuine business-related activities without imposing undue burdens on businesses or individuals.

Scope and Application

The instrument modifies the Migration Regulations 1994 to update the list of organisations eligible to sponsor applicants for a Sponsored Business Visitor (Short Stay) visa. The Act targets organisations that sponsor individuals for short-term business visits to Australia, specifying those that are allowed or disallowed based on usage rates and integrity concerns. It applies to entities involved in the sponsorship process of subclass 459 visa applications, ensuring that only organisations with a demonstrated commitment to genuine business-related activities can sponsor such visits. The Instrument has a national reach, affecting organisations across Australia as it pertains to the Commonwealth’s migration regulations. The legislation removes certain organisations from the list of eligible sponsors due to low usage or integrity issues, while adding a few others. It also corrects the names of some organisations on the list, ensuring accurate identification. The changes made by this Instrument are effective from 15 February 2011 and do not require additional consultation or a Regulatory Impact Statement due to their minor nature and negligible impact on business and the economy.

Key Provisions

The Migration Regulations 1994 (F2011L00204) specify the organisations that can sponsor applicants for a Sponsored Business Visitor (Short Stay) (Subclass 459) visa, as detailed in the explanatory statement. Section 459.214(c) of Schedule 2 of these Regulations allows for the sponsorship of such applicants by organisations listed in a Gazette Notice. In certain circumstances, registration on the Federal Register of Legislative Instruments, as per Section 56 of the Legislative Instruments Act 2003, can replace the need for publication in the Gazette. This instrument operates by removing certain organisations from the previously approved list of those eligible to sponsor short stay business visitors. The removals are based on organisations that have either a low usage rate or have raised serious integrity concerns. This measure is part of a broader Department review aimed at enhancing the efficiency and integrity of the Subclass 459 visa program. Additionally, the instrument introduces a few new organisations to the list of approved sponsors. It also corrects the names of two organisations: the Australian-Filipino Chamber of Commerce (QLD) Incorporated is now referred to as the Chamber of Commerce and Industry Australia Philippines Incorporated, and Gulfx Ltd is now Syngas. Organisations listed under this instrument are obligated to ensure that they meet the criteria set forth by the Department, which includes maintaining a satisfactory usage rate and demonstrating integrity. The instrument does not require consultation as it is considered a minor or machinery nature change under section 18(1) of the Legislative Instruments Act 2003, and thus does not substantially alter existing arrangements. Furthermore, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary due to minimal compliance costs and negligible impacts on businesses, individuals, the economy, or competition. In terms of consequences, while the explanatory statement does not explicitly detail specific offences or penalties, it is implied that failure to comply with the regulations could result in a loss of eligibility to sponsor short stay business visitors. The instrument, numbered IMMI 10/092, commenced on 15 February 2011, and any breaches of its provisions could potentially lead to administrative or legal repercussions, though the exact nature of these consequences would be determined by the relevant authorities and the specific circumstances of the breach.