(1) This instrument is the Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.

(2) This instrument may be cited as LIN 20/229.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

3 Authority

This instrument is made under the following provisions of the Regulations:

(a) subregulation 2.07(5);

(b) paragraph 408.229(b) of Schedule 2;

4 Definitions

Note: The expressions permanent visa, substantive visa and visa application charge are defined in subsection 5(1) of the Migration Act 1958.

In this instrument:

approved provider has the same meaning as in the Aged Care Quality and Safety Commission Act 2018.

COVID-19 pandemic means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19.

Regulations means the Migration Regulations 1994.

service provider of a Commonwealth‑funded aged care service has the same meaning as in the Aged Care Quality and Safety Commission Act 2018.

Subclass 408 visa means a Subclass 408 (Temporary Activity) visa.

substantive temporary visa means a substantive visa, other than a permanent visa.

5 Repeal

This instrument repeals the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 (LIN 20/122) (F2020L00409), in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

6 Application

This instrument applies to an application for a Subclass 408 visa that is either:

(a) made on or after commencement of this instrument; or

(b) made but not finally determined before commencement of this instrument.

Part 2—Event, classes of persons and visa application charge

7 Event

For paragraph 408.229(b) of Schedule 2 to the Regulations, the COVID-19 pandemic is specified.

8 Classes of persons

(1) For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a Subclass 408 visa is in a class of persons in relation to the event specified in section 7 if, at the time of application, the applicant is:

(a) in Australia; and

(b) unable to depart Australia as a result of the COVID-19 pandemic; and

(i) the holder of a substantive temporary visa that is 28 days or less from ceasing to be in effect; or

(ii) was the holder of a substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and

(d) unable to make a valid application, or meet the criteria set out in Schedule 2 to the Regulations, for:

(i) a visa of the same Subclass as the visa mentioned in paragraph (c); or

(ii) a substantive temporary visa of any other Subclass other than a Subclass 408 visa.

(2) For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a Subclass 408 visa is in a class of persons in relation to the event specified in section 7 if, at the time of application, the applicant is:

(a) in Australia; and

(b) unable to depart Australia as a result of the COVID-19 pandemic; and

(i) the holder of a substantive temporary visa, which has a condition attached prohibiting the holder from working in Australia; or

(ii) was the holder of a substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and

(d) in receipt of an offer of employment from an approved provider or a service provider of a Commonwealth‑funded aged care service to undertake work in the aged care sector.

Note: Subparagraphs 8(1)(c)(ii) and 8(2)(c)(ii) above are in accordance with the requirements in Schedule 1 to the Regulations. Item 5 of the table under subitem 1237(3) of Schedule 1 to the Regulations sets out additional requirements for applicants who do not hold a substantive visa, which has the effect that an applicant who does not hold a substantive visa must have held a substantive visa that ceased to be in effect not more than 28 days before making an application.

9 Visa application charge

The classes of persons mentioned in section 8 are specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations.

Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for an applicant in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.