Legislative Updates

"The purpose of the instrument is to remake the instrument defining a superyacht under regulation 1.15G of the Regulations as the instrument IMMI 09/019 is scheduled to sunset on 1 October 2019. The instrument replicates the definition of superyacht in the previous instrument IMMI 09/019. The new instrument, LIN [19/084] continues to provide the necessary framework for applicants to meet criteria in relation to the superyacht stream of the Subclass 408 (Temporary Activity) visa".

The Instrument specifies the approved forms for making a valid application for the following visa subclasses: 188 (temporary business innovation and investment); 888 (permanent business innovation and investment); 132 (business talent); 124/858 (distinguished talent)

According to the explanatory memorandum to the Bill introduced on 19 September 2019, "a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if the person acts inconsistently with their allegiance to Australia by" engaging in certain type of conduct. Is this Bill a further erosion of the "sacred" concept of citizenship? Could it become a "slippery slope" towards citizenship cancellation on less serious, more subjective grounds?

"The purpose of the instrument is to remove the reference to special purpose visas (SPVs) granted to a person on the grounds that they are a crew member, or a spouse, de-facto partner or dependant of a crew member, of a non-military ship. These grounds have no longer been available for the granting of SPVs since 1 January 2008. The reference is therefore redundant".

"The purpose of the instrument is to remove the reference to special purpose visas (SPVs) granted to a person on the grounds that they are a crew member, or a spouse, de-facto partner or dependant of a crew member, of a non-military ship. These grounds have no longer been available for the granting of SPVs since 1 January 2008. The reference is therefore redundant".

This further new instrument amends a drafting error contained in the new legislative instrument about visitor visas which commenced on 24 August 2019

"The instrument operates for the Minister to... specify the approved forms, place and manner for making a valid visa application for a visitor ... visa and specify ..."

Direction No 84 revokes Direction No 56: 'The purpose of this Direction is to guide decision makers performing functions or exercising powers under section 65, 414 or 415 of the Act when considering an application for the grant of a Protection visa and when reviewing a decision to grant a Protection visa.'

'The [Bill] will facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services (IGA), agreed by COAG in October 2017. The Bill will achieve this by providing explicit legal authority for the Department of Home Affairs ... to collect, use and disclose identification information'

'This Bill amends the Australian Passports Act 2005 ... to provide a legal basis for ensuring that the Minister is able to make Australian travel document data available for all the purposes of, and by the automated means intrinsic to, the identity-matching services to which the Commonwealth and the States and Territories agreed in the Intergovernmental Agreement on Identity Matching Services'