EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (Temporary Activity (Class GG) Visa and Visitor (Class FA) Visa) Specified Class of Persons (Virtus Oceania Asia Games) Instrument 2022
1 The instrument, Departmental reference LIN 22/084, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Migration Regulations).
2 The instrument commences the day after it is registered of the Federal Register of Legislation, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
3 The instrument is made under subregulation 2.07(5) of the Migration Regulations by a delegate of the Minister for Home Affairs.
4 The instrument, made for the purposes of subparagraph 1237(2)(a)(i) and subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, specifies that certain applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas who provide evidence of being invited to participate in the Virtus Oceania Asia Games — Brisbane 2022 (OA Games), have a visa application charge of nil.
5 The OA Games commence on 5 November 2022 and conclude by 11 November 2022. After the OA Games conclude, the instrument self-repeals on 12 November 2022.
Consultation
6 No consultation was done for this instrument. This is because the instrument confers a benefit on certain participants in the OA Games, by providing they are in a class of persons for whom the visa application charge is nil.
7 The Office of Best Practice Regulation (OBPR) was also consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OBPR reference number is 22-03253.
Details of the instrument
8 Section 1 sets out the name of the instrument.
9 Section 2 provides for the commencement of the instrument on the day after it is registered on the Federal Register of Legislation.
10 Section 3 provides that certain applicants for Temporary Activity (Class GG) visas are in a specified class of persons for whom the visa application charge is nil, if the requirements in paragraphs 3(a), (b) and (c) are met. These are applicants travelling to Australia on invitation to participate in the OA Games.
11 Section 4 provides that certain applicants for Visitor (Class FA) visas are in a specified class of persons for whom the visa application charge is nil, if the requirements in paragraphs 4(a), (b), (c) and (d) are met. These are applicants travelling to Australia on invitation to participate in the OA Games.
Parliamentary scrutiny etc.
12 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because it is an instrument made under Part 2 of the Migration Regulations, which is prescribed under paragraph (b) of item 20 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
13 The instrument was made by a delegate of the Minister of Home Affairs, under subregulation 2.07(5) of the Migration Regulations.
Overview
The Migration (Temporary Activity (Class GG) Visa and Visitor (Class FA) Visa) Specified Class of Persons (Virtus Oceania Asia Games) Instrument 2022 was enacted to address the need for streamlined visa processing for individuals invited to participate in the Virtus Oceania Asia Games – Brisbane 2022. The instrument was made under subregulation 2.07(5) of the Migration Regulations 1994 by a delegate of the Minister for Home Affairs. The primary policy objective of this instrument is to facilitate the participation of certain applicants in the OA Games by waiving the visa application charge for those invited to participate. The instrument specifies that applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas, who provide evidence of their invitation to participate in the OA Games, are exempt from paying the visa application charge. This measure aims to ease the administrative burden and encourage participation in the sporting event. The instrument commences the day after its registration on the Federal Register of Legislation and self-repeals on 12 November 2022, following the conclusion of the OA Games.
Scope and Application
The Migration (Temporary Activity (Class GG) Visa and Visitor (Class FA) Visa) Specified Class of Persons (Virtus Oceania Asia Games) Instrument 2022 applies to specific applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas who are invited to participate in the Virtus Oceania Asia Games — Brisbane 2022, providing them with a visa application charge of nil. This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994, and it commences on the day after it is registered on the Federal Register of Legislation, with a self-repealing effect after the conclusion of the Games on 11 November 2022. It targets individuals who meet the outlined criteria for the specified visas and are participating in the designated sporting event, thereby exempting them from visa application charges. The instrument's geographic scope is national, applying across Australia, and it does not extend or restrict its application through subordinate instruments. The instrument is exempt from disallowance under the Legislation Act 2003 and was made by a delegate of the Minister for Home Affairs.
Key Provisions
The Migration Regulations 1994 Migration (Temporary Activity (Class GG) Visa and Visitor (Class FA) Visa) Specified Class of Persons (Virtus Oceania Asia Games) Instrument 2022 (the instrument) specifies certain applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas who have been invited to participate in the Virtus Oceania Asia Games — Brisbane 2022 (OA Games) as being in a class of persons for whom the visa application charge is nil. This applies to applicants who meet the conditions set out in sections 3 and 4 of the instrument.
The instrument imposes obligations on applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas who seek to take advantage of the nil visa application charge. These applicants must provide evidence that they have been invited to participate in the OA Games and meet all other requirements specified in sections 3 and 4 of the instrument. The instrument is designed to facilitate the participation of invited athletes, officials, and other participants in the OA Games by reducing the financial burden associated with visa applications.
The instrument does not specify any offences, penalties, or consequences for breach. However, applicants who do not meet the eligibility criteria or fail to provide the necessary evidence may not be granted a visa or may be subject to the standard visa application charge. It is important for applicants to carefully review the requirements and ensure they meet all conditions before applying for a visa.
The instrument is exempt from disallowance under section 42 of the Legislation Act, as it is made under Part 2 of the Migration Regulations, which is prescribed under paragraph (b) of item 20 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. The instrument was made by a delegate of the Minister of Home Affairs, under subregulation 2.07(5) of the Migration Regulations.