Commonwealth of Australia

Migration Regulations 1994

FORMS, FEES, CIRCUMSTANCES AND DIFFERENT WAY OF MAKING AN APPLICATION AMENDMENT INSTRUMENT 2016/107

(Regulations 2.61, 2.66 and 2.73A, and subitem 1223A(1))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulations 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5) and 2.73A(2) of the Migration Regulations 1994, make the following instrument.

Dated: 16 November 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection


Part 1 – Preliminary

  1. Name of Legislative Instrument

This instrument is Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107.

2.                   Commencement

This instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.

3.                   Authority

This instrument is made under subregulations 2.61(3A), 2.61(3B), 2.66(4), 2.66(5), 2.73A(2) of the Migration Regulations 1994.

4.                   Schedules

Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned and any other item in the Schedule to this instrument has effect according to its terms.


Schedule 1 – Amendments

IMMI 13/063 – Forms, Fees, Circumstances and Different Way of Making an Application

  1. Chapeau

Repeal the chapeau, substitute:

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraphs 2.61(3A)(b) and 2.61(3A)(c), subregulations 2.61(3A), 2.61(3B), 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5), 2.73(9) and 2.73A(2), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc) of Schedule 1 to the Migration Regulations 1994 (the Regulations):

2.             Before Item 1

Insert the heading:

Items 1 to 8—Applications related to a Temporary Business Entry (Class UC) visa and a Subclass 457 (Temporary Work (Skilled)) visa

3.             Paragraph 7(a)

Omit “the Department of Immigration and Citizenship’s”, substitute “the Department of Immigration and Border Protection’s (the Department’s)”.

4.             Subparagraph 7(a)(i)

After “Migration Act 1958”, insert (the Act).

After “Migration Regulations 1994”, insert “(the Regulations)”.

5.             Subparagraphs 7(a)(ii), 7(a)(v)

Omit “the Department of Immigration and Citizenship”, substitute “the Department”.

6.             Subparagraphs 7(a)(iii) and 7(a)(iv)

Omit “the Department of Immigration and Citizenship’s”, substitute “the Department’s”.

7.             Subparagraph 7(b)(i)

Omit “the Migration Act 1958 or Migration Regulations 1994”, insert “the Act or the Regulations”.

8.             Subparagraphs 7(b)(ii) and 7(b)(iii)

Omit “the Department of Immigration and Citizenship”, substitute “the Department”.

9.             Paragraph 8(b)

Omit e457.Manual.Lodgement@immi.gov.au”, substitute e457.Manual.Lodgement@border.gov.au”.

10.         After Item 8

Insert:

Items 9 to 13—Applications related to a temporary activity sponsor and a nomination for the purposes of a Subclass 407 (Training) visa

9.        SPECIFY for the purposes of paragraphs 2.61(3A)(b) and 2.61(3B)(b), subregulation 2.66(3) and paragraph 2.66(5)(b) of the Regulations, for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the form to be used is 1478 (Internet).

10.    SPECIFY for the purposes of subregulation 2.66(4) and paragraphs 2.61(3A)(c), 2.61(3B)(c) and 2.66(5)(c), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the applicable fee is AUD 420.

11.    SPECIFY for the purposes of paragraphs 2.61(3B)(a) and 2.66(5)(a), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the following circumstances:

(a)     electronic lodgement is prevented by the Department of Immigration and Border Protection’s (the Department) systems; and

(i)            electronic lodgement of the application is not prevented by the Act or the Regulations; and

(ii)         the problem has been identified by the Department; and

(iii)       the expected time for the problem to be rectified will fall outside of the Department’s business hours; and

(iv)        the visa applicant will become unlawful before the Department’s next business day commences; and

(v)          written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department; or

(b)     electronic lodgement is prevented by the Department’s systems; and

(i)            electronic lodgement of the application is not prevented by the Act or the Regulations; and

(ii)         the problem is unable to be rectified by the Department; and

(iii)       written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department.

12.    SPECIFY for the purposes of subregulations 2.61(3B) and 2.66(5), for a person who makes an application for approval as a temporary activities sponsor or for a variation of a term of approval as a temporary activities sponsor, the different way of making an application:

(a)     in accordance with the directions set out in the email authorising the use of form 1478 before midnight (AEST or AEDST when applicable) on the day following the date on which the authorising email was sent by (an officer of) the Department; or

(b)     if the applicant is outside Australia the authorised application may also be made at a diplomatic, consular or migration officer maintained by or on behalf of the Commonwealth outside Australia.

13.    SPECIFY for the purposes of subregulation 2.73A(2) that the application for nominating a program of occupational training is:

(a)     made on form 1479N or 1479N (Internet);

(b)     accompanied by a fee of AUD 170; and

(c)     be lodged in one of the following ways:

(i)            internet application;

(ii)         in accordance with the directions set out in the email authorising the use of form 1479N before midnight (AEST or AEDST when applicable) on the day immediately following the date on which the authorising email was sent by (an officer of) the Department; or

(iii)       if the applicant is outside Australia—at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.