Legislative Updates

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as areas of Australia. Another purpose is to specify bushfire recovery work as work undertaken, including work undertaken on a volunteer basis, carried out after 31 July 2019 in an area specified ... as a kind of work. Bushfire recovery work is defined in ... the instrument... The last purpose is to specify construction work as a kind of work for areas specified in [the instrument], in alignment with specified work for Subclass 417 (Working Holiday) visa".

The new instrument commenced on 29 Feb 2020 and specifies the requirements for making a valid application for the following visa classes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills (Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR).

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to: specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa; and specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the  Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of  that tour. As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for ...".

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to specify classes of persons to whom subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies. For applicants included in these classes of persons, the first instalment of the visa application charge amount is nil... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

A new instrument that commences on 25 Feb 2020: "As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

A new instrument that commences on 25 Feb 2020: "The Instrument operates for the Minister to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

The "Deregulation" Bill passed the House of Reps on 12 Feb 2020 and was introduced and read a first time in the Senate on 13 Feb 2020. On 28 November 2019, the Senate referred the provisions of the Bill to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 March 2020. As a result, it is unlikely that the Senate will debate the Bill before 23 March 2020, which is the first sitting day following the report's deadline. We discuss in this article that the Deregulation Bill is not just about the deregulation of lawyers, but also includes other important changes.

"The main purpose of this Bill is to update specific references to short titles of regulations in the statute law of the Commonwealth that have become out of date due to the remaking or renaming of the regulations or that are at risk of becoming out of date in future due to remaking or renaming".

"The purpose of this instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of applying the labour market testing condition.  Specifically, section 6 of the instrument includes three new free trade agreements made under ..." 

The new instrument is made under paragraphs 5.36(1)(a) and (b), and 5.36(1A)(a) of the Migration Regulations 1994 (Cth). "Paragraph 5.36(1)(a) of the Regulations states that the payment of a fee, other than a visa application charge mentioned in regulation 5.36(3A) of the Regulations must be made in a place, being Australia or a foreign country, that is specified by the Minister in a legislative instrument". Another instrument also published today amends the above new instrument.