LIN 19/084: Definition of a Superyacht

“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 new Migration (LIN 19/084: Definition of a Superyacht) Instrument 2019 commence on 1 October 2019, when it replaces the instrument Definition of a Superyacht – IMMI 09/019.

The new instrument contains the following provisions:

I, David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, acting under my power in regulation 1.15G of the Migration Regulations 1994 (the Regulations) specify that:

(1)     in accordance with subsection 33(3) of the Acts interpretation Act 1901, the instrument, Definition of a Superyacht – IMMI 09/019 is repealed;

(2)     a superyacht is any high value luxury sailing ship or motor vessel which is:

(a)     24 metres or longer in length;

(b)     not carrying cargo;

(c)     used for sport or pleasure.

Note:    In this instrument:

(1)            Superyacht has the meaning provided in regulation 1.03 of the Regulations.

(2)            Vessel has the meaning provided in subsection 5(1) of the Migration Act 1958.

This instrument commences on 1 October 2019.

The explanatory statement to the new instrument includes the following passages:

3. The instrument operates to specify the kind of sailing ship or motor vessel that satisfy the definition of a ‘superyacht’. Regulation 1.03 of the Regulations states that ‘superyacht’ means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G of the Regulations to be a superyacht. Under regulation 1.15G of the Regulations, the Minister may specify in an instrument in writing that a sailing ship of a particular kind or a motor vessel of a particular kind is a superyacht for the purposes of the Regulations.

4. 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 continues to provide the necessary framework for applicants to meet criteria in relation to the superyacht stream of the Subclass 408 (Temporary Activity) visa.


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Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au