EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR BUSINESS SKILLS VISA APPLICATIONS 2016/106

(Items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, 1202B)

1. Instrument IMMI 16/106 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A and 1202B of Schedule 1 to the Regulations.
2. The Instrument revokes IMMI 16/077 (F2016L01419) under subregulation 2.07(5) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The Instrument operates to specify the approved forms for making a valid application for Business Skills Business Talent (Permanent) (Class EA), Business Skills (Permanent) (Class EC), Business Skills (Provisional) (Class EB), Business Skills (Residence) (Class DF), Distinguished Talent (Migrant) (Class AL), Distinguished Talent (Residence) (Class BX) and Business Skills (Provisional) (Class UR) visas. The instrument further operates to specify the addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
4. The purpose of the Instrument is to update the place and manner for making an application for an Item 1104B Business Skills (Residence) (Class DF) visa. The purpose of the Instrument is also to update the approved form which can be used to make an application for an Item 1202B Business Skills (Provisional) (Class EB) visa.
5. Consultation was undertaken with State and Territory Governments, industry groups, Department of Foreign Affairs and Trade, Department of Education and Training, Department of Employment, Department of Industry, Innovation and Science, Department of Prime Minister and Cabinet, AusIndustry and Austrade before the Instrument was made.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20000).
7. The Senior Executive Service, Band two, Visa and Citizenship Management Division was delegated the powers contained in subregulation 2.07(5) of the Regulations in Instrument of Delegation DEL 16/048, signed on 4 August 2016.
8. 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.
9. The Instrument commences on 19 November 2016.