“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with subsection 33(3) of the Acts interpretation Act 1901, the instrument, Definition of a Superyacht – IMMI 09/019 is repealed;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.
Disclaimer: the above is a mere tentative analysis of some pieces of legislation. The views there expressed might not reflect the views of the OMARA, Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.
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