EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS (EMERGENCY SERVICES) 2016/114
(Sub-subparagraph 1231(2)(a)(iv)(A))
- Instrument IMMI 16/114 is made under sub-subparagraph 1231(2)(a)(iv)(A) of Part 2 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
- The Instrument revokes IMMI 15/081 (F2015L00698) under sub-subparagraph 1231(2)(a)(iv)(A) of Part 2 of Schedule 1 to the Regulations 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 a class of persons for the purposes of the first instalment of the visa application charge for Temporary (Short Stay Specialist) (Class GA) visas.
- The purpose of the Instrument is to incorporate the amendments to the Regulations as a consequence of the Migration Amendment (Temporary Activity Visas) Regulation 2016. As part of the Department of Immigration and Border Protection’s project to streamline temporary activity visas, Temporary Work (Short Stay Activity) (Class GA) has been renamed Temporary Work (Short Stay Specialist) (Class GA).
- 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 Migration Regulations 1994 Class of Persons (Emergency Services) 2016, enacted under the Migration Act 1958, addresses the need to streamline and clarify the visa application charges for Temporary (Short Stay Specialist) (Class GA) visas. This legislative instrument was developed by the Department of Immigration and Border Protection as part of a broader initiative to reform temporary activity visas, which involved extensive consultation with industry stakeholders. The objective was to improve the clarity and efficiency of the visa application process, ensuring that the regulatory framework aligns with current economic and social needs. The instrument revokes the previous regulation IMMI 15/081 and incorporates amendments resulting from the Migration Amendment (Temporary Activity Visas) Regulation 2016, aiming to better reflect the updated visa categories and associated fees.
Scope and Application
The Migration Regulations 1994 CLASS OF PERSONS (EMERGENCY SERVICES) 2016/114 applies to the regulation and administration of temporary activity visas, specifically the Temporary Work (Short Stay Specialist) (Class GA) visa, as part of the visa application charge framework. This instrument operates under the Migration Regulations 1994, impacting individuals and entities involved in the application process for these visas. The legislative changes implemented by this instrument are a direct consequence of the Migration Amendment (Temporary Activity Visas) Regulation 2016, which aimed to streamline the temporary activity visa framework. The scope of this instrument is national, given that it operates within the framework of the Commonwealth's Migration Regulations. The instrument revokes previous regulations (IMMI 15/081) and comes into effect immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016. While the instrument does not specify any exclusions, it is an integral part of the broader legislative process that includes consultation with various stakeholders, including industry bodies, unions, and migration agents, ensuring a comprehensive approach to visa regulation.
Key Provisions
The main operative sections of the Migration Regulations 1994, as amended by the CLASS OF PERSONS (EMERGENCY SERVICES) 2016/114 Instrument (F2016L01785), pertain to the first instalment of the visa application charge for Temporary (Short Stay Specialist) (Class GA) visas. This legislative instrument revokes the previous regulation, IMMI 15/081 (F2015L00698), and comes into effect immediately following the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016. The purpose of these changes is to streamline the visa application process for temporary activity visas, specifically renaming the Temporary Work (Short Stay Activity) (Class GA) visa to Temporary Work (Short Stay Specialist) (Class GA) visa.
The obligations and requirements imposed by this Act on the relevant parties include the implementation of the specified class of persons for the purposes of the visa application charge. The Department of Immigration and Border Protection (DIBP) has undertaken extensive consultation with stakeholders, including industry representatives, unions, and migration agents, to develop the new visa framework. The DIBP has also consulted with the Ministry for the Arts on the Entertainment (subclass 420) visa. These consultations ensure that the new visa framework is well-informed and meets the needs of various stakeholders.
Breach of the provisions outlined in this legislation could result in civil or criminal consequences. However, the explanatory statement does not explicitly state the penalties for non-compliance. It is important for parties subject to the Act to ensure that they adhere to the requirements and obligations imposed by the legislation to avoid potential legal repercussions. As the Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required, it can be inferred that the consequences for non-compliance are not severe enough to warrant such a statement. Furthermore, 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.