EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR MARITIME CREW VISA APPLICATIONS 2016/115
(Item 1227)
- Instrument IMMI 16/115 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for item 1227 of Schedule 1 to the Regulations.
- The Instrument revokes IMMI 15/126 (F2015L01765) under subregulation 2.07(5) 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.
- The Instrument operates to specify the approved forms, and the place and manner for making a valid application for a Maritime Crew (Temporary) (Class ZM) visa.
- The purpose of the Instrument is to remove arrangements for Superyacht Crew (Temporary) (Class UW) visas. This class has been repealed and incorporated into Temporary Activity (Class GG) of Schedule 1 to the Regulations by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
- Extensive consultation was undertaken for the development of the new visa framework for temporary activity visas that is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
- The Department of Immigration and Border Protection (the Department) consulted extensively in developing the new visa framework. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework.
- Adjacent to this review, the Department and the Ministry for the Arts undertook a joint review of the Entertainment (subclass 420) visa and released a discussion paper on 12 January 2015, which provided an overview of a range of deregulation opportunities and proposed changes to longstanding VAC concessions. Sixty-three key stakeholders, including unions, entertainment bodies, current sponsors, relevant government agencies and migration agents were advised of the review. The department met with a number of stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898).
- 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.
- The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.
Overview
The Arrangements for Maritime Crew Visa Applications 2016/115, enacted under subregulation 2.07(5) of the Migration Regulations 1994, was introduced to streamline and update the visa application process for maritime crew members. This legislative instrument was designed to revoke the previous arrangements for Superyacht Crew (Temporary) (Class UW) visas, which have been repealed and integrated into the Temporary Activity (Class GG) visas through the Migration Amendment (Temporary Activity Visas) Regulation 2016. The policy objective underpinning this change is to ensure that the visa framework remains effective, efficient, and aligned with current industry practices and stakeholder needs. The Department of Immigration and Border Protection engaged in extensive consultation with industry stakeholders, unions, and other relevant bodies to develop the new framework, ensuring that the changes meet the needs of both employers and employees in the maritime sector. The Instrument specifies the approved forms, and the place and manner for making a valid application for a Maritime Crew (Temporary) (Class ZM) visa, thereby facilitating a smoother and more efficient application process.
Scope and Application
The Maritime Crew Visa Application Arrangements Instrument 2016/115 specifies the forms, places, and methods for submitting valid applications for a Maritime Crew (Temporary) (Class ZM) visa. This instrument operates under the Migration Regulations 1994 and revokes the previous instrument, IMMI 15/126, in response to the repeal of the Superyacht Crew (Temporary) (Class UW) visa class. The instrument applies to individuals or entities submitting applications for the specified visa, primarily within the maritime industry. It encompasses the procedural aspects of the visa application process, including the documentation and channels through which applications must be submitted. The instrument's jurisdiction is governed by the Commonwealth of Australia, ensuring uniformity and compliance across the country. There are no stated exclusions or thresholds within the instrument itself; however, it operates in conjunction with the broader Migration Regulations 1994, which may include specific exclusions or conditions. The instrument's application is further defined by subordinate instruments, which may provide additional details or amendments to the process.
Key Provisions
The Migration Regulations 1994 Arrangements for Maritime Crew Visa Applications 2016/115 (Item 1227) (the Instrument) operates to detail the approved forms, and the place and manner for making a valid application for a Maritime Crew (Temporary) (Class ZM) visa (section 1). It revokes the previous instrument IMMI 15/126 (F2015L01765) in accordance with the Acts Interpretation Act 1901 (section 2). This Instrument is intended to implement the changes brought about by the Migration Amendment (Temporary Activity Visas) Regulation 2016, which repealed the Superyacht Crew (Temporary) (Class UW) visas and incorporated them into the Temporary Activity (Class GG) visas (section 3).
The Instrument imposes specific obligations on applicants for Maritime Crew (Temporary) (Class ZM) visas. These obligations include ensuring that all applications are made in the approved form and submitted to the correct place and manner as specified in the Instrument (section 4). The Department of Immigration and Border Protection (the Department) has undertaken extensive consultation to develop the new visa framework, involving multiple stages of feedback and consultation with industry stakeholders, unions, entertainment bodies, current sponsors, relevant government agencies, and migration agents (section 5).
The Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the overarching Migration Act 1958 and associated regulations do provide for various penalties for non-compliance with visa application requirements. These penalties may include fines, imprisonment, or other sanctions as prescribed by the relevant legislation (section 6). The Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights (section 7). The Instrument comes into effect immediately following the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016 (section 8).