EXPLANATORY STATEMENT

Migration Regulations 1994

DEFINITION OF “SUPERYACHT”

(REGULATIONS 1.03 AND 1.15)

1. This Instrument is made under regulations 1.03 (definition of “superyacht”) and 1.15G of the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulation 1.03 of Part 1 to the Regulations provides that superyacht means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G to be a superyacht.

3.                  The purpose of the Instrument is to specify a definition of “superyacht” for the purposes of regulation 1.15G of the Regulations.

4.                  Regulation 1.15G of Part 1 to the Regulations provides that the Minister may, by instrument in writing, specify that (a) a sailing ship of a particular kind is a superyacht for the purposes of these Regulations; or (b) a motor vessel of a particular kind is a superyacht for the purposes of these Regulations.

5. The Instrument operates to amend the definition to remove the reference to “load line” and instead specify that a superyacht is any high value luxury sailing ship or motor vessel which is:

(a) 24 metres or longer in length; and

(b)          not carrying cargo; and

(c)          used for sport or pleasure.

6. Pursuant to section 17 of the Legislative Instruments Act 2003, the Queensland Department of Tourism, Regional Development and Industry and the Australian Customs Service were consulted in relation to these amendments

7. This Instrument, IMMI 09/019, commences on 15 May 2009.