EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Repeal Instrument (LIN 22/067) 2022
1 The instrument, Departmental reference LIN 22/067, is made under paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
2 The instrument repeals Migration (LIN 18/077: Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Instrument 2018 (LIN 18/077) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences the day after it is registered on the Federal Register of Legislation, and is a legislative instrument within the meaning of section 8 of the Legislation Act 2003 (the Legislation Act).
Purpose
4 LIN 18/077 specified, for paragraphs 408.229(b) and (c) of Schedule 2 to the Regulations, the event known as Supporting Innovation in South Australia as an ‘Australian Government endorsed event’ (AGEE) and classes of persons in relation to the event who may be eligible for a Subclass 408 (Temporary Activity) visa (Subclass 408 visa).
5 A person who is seeking to satisfy the primary criteria for the grant of a Subclass 408 visa must be a person to whom a clause in subdivision 408.22 of Schedule 2 to the Regulations applies. Clause 408.229 will apply to a person if the person seeks to enter or remain in Australia to undertake work directly associated with an AGEE. To meet this criterion, the AGEE must be specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, and the applicant must be in a class of persons specified in the instrument in relation to the event.
6 The event commenced in November 2018 and ended in November 2021. As a result, persons cannot seek to enter or remain in Australia in relation to the event. LIN 18/077 is therefore no longer required to support the relevant visa application pathway.
Consultation
7 Consultation was not undertaken before this instrument was made as the instrument repeals arrangements for an event that has ended.
8 The Office of Best Practice Regulation (OBPR) have advised that a Regulatory Impact Statement is not required because there will be no more than a minor regulatory impact (OBPR Reference 02486).
Parliamentary scrutiny etc.
9 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because the instrument is made under Schedule 2 to the Regulations, which is prescribed in paragraph (b) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
10 The instrument was made by a delegate of the Minister, in accordance with paragraph 408.229(b) of Schedule 2 to the Regulations.
Overview
The "Migration Regulations 1994" were enacted to provide the legal framework for the administration of the Migration Act 1958. These regulations aim to fill the procedural gaps and provide detailed operational guidelines necessary for the effective management of Australia's migration system. The "Migration (Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Repeal Instrument (LIN 22/067) 2022" was introduced by the Minister for Immigration, Citizenship and Multicultural Affairs, operating under the authority of the Migration Act 1958 and the Migration Regulations 1994. This instrument repeals the previous legislative instrument (LIN 18/077) that specified the 'Supporting Innovation in South Australia' event as an Australian Government endorsed event (AGEE) for the purpose of granting Subclass 408 (Temporary Activity) visas. Since the event has concluded, the repeal aligns with the policy objective of maintaining an updated and relevant legislative framework that accurately reflects current events and needs.
Scope and Application
The Migration (Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Repeal Instrument (LIN 22/067) pertains to the repeal of the 2018 instrument that previously designated the 'Supporting Innovation in South Australia' event as an Australian Government endorsed event (AGEE) under the Migration Regulations 1994. This repeal is necessitated by the conclusion of the event, which ran from November 2018 to November 2021, and hence no longer requires the specific legislative arrangements for the Subclass 408 (Temporary Activity) visa application pathway. The repeal applies to the event and its associated classes of persons who may have been eligible for the visa. The instrument is exempt from disallowance under the Legislation Act and was made by a delegate of the Minister in accordance with the relevant provisions of the Migration Regulations.
Key Provisions
The instrument, referred to as LIN 22/067, operates under paragraph 408.229(b) of Schedule 2 to the Migration Regulations 1994. This instrument repeals the previously established Migration Instrument LIN 18/077, which was enacted in 2018 to facilitate a visa pathway for individuals participating in the 'Supporting Innovation in South Australia' event. This event, which ran from November 2018 to November 2021, allowed certain individuals to apply for a Subclass 408 (Temporary Activity) visa. However, since the event has concluded, the previous legislative instrument is no longer needed and has thus been repealed.
The repealed instrument, LIN 18/077, specified the 'Supporting Innovation in South Australia' event as an 'Australian Government endorsed event' (AGEE) under paragraphs 408.229(b) and (c) of Schedule 2 to the Regulations. It also outlined the classes of individuals eligible to apply for a Subclass 408 visa in relation to this event. For an applicant to meet the primary criteria for this visa, they must be participating in work directly associated with an AGEE, as specified in a legislative instrument made by the Minister under paragraph 408.229(b) of Schedule 2 to the Regulations.
Individuals seeking to enter or remain in Australia for the purpose of participating in the event must ensure they are within the class of persons specified in the relevant legislative instrument. Given that the event has now concluded, any attempt to enter or remain in Australia for the purpose of participating in the event is no longer permissible. Consequently, LIN 18/077 has been repealed as it is no longer required to support the relevant visa application pathway.
There were no obligations or requirements imposed on the parties involved in this process, as the repealed instrument was made in response to a specific event that has now concluded. However, any violations of the Migration Regulations 1994, including the now-repealed instrument, could result in civil or criminal penalties as per the general provisions of the Act. The repealed instrument is exempt from disallowance under section 42 of the Legislation Act, and it was made by a delegate of the Minister in accordance with paragraph 408.229(b) of Schedule 2 to the Regulations.