Commonwealth Coat of Arms of Australia

 

LIN 24/036

 

 

Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024

I, Alison Garrod, delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.

Dated 1 May 2024

Alison Garrod

Assistant Secretary / Senior Executive Band 1

Temporary Visas Branch

Immigration Programs Division

Department of Home Affairs

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Class of persons for nil VAC—subclass 400 visa—all streams

6  Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams

7  Class of persons for nil VAC—subclass 408 visa—Invited Participant in an event

 

1  Name

  This instrument is the Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

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

 (a) sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1;

 (b) subparagraph 1236(2)(a)(iv) of Schedule 1;

 (c) subregulation 2.07(5) for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1.

4  Definitions

Note 1 The expression visa application charge used in this instrument is defined in section 5 of the Migration Act 1958.

Note 2 The expression member of the family unit used in this instrument is defined in regulation 1.12 of the Migration Regulations 1994.

In this instrument:

CCAMLR means the Commission for the Conservation of Antarctic Marine Living Resources.

CCAMLR applicant means an applicant for a visa who has official business with CCAMLR, including subsidiary bodies established by CCAMLR and the Scientific Committee, as:

 (a) a representative of a Party; or

 (b) a staff member of CCAMLR; or

 (c) an expert or consultant on missions for CCAMLR; or

 (d) an observer to CCAMLR.

Convention means the Convention on the Conservation of Antarctic Marine Living Resources drawn up at Canberra on 20 May 1980, which entered into force on 7 April 1982.

Expert means a person performing short term or temporary projects on behalf of CCAMLR and includes a person serving on the Scientific Committee or on another committee of CCAMLR or participating in the work of or performing a mission on behalf of CCAMLR or the Scientific Committee, without necessarily receiving remuneration from CCAMLR or the Scientific Committee, but does not include staff members.

family member means a person who is a member of the family unit of a person mentioned in paragraph (a) or (b) of the definition of CCAMLR applicant.

Migration Regulations means the Migration Regulations 1994.

Observer to CCAMLR means a person who:

 (a) has been invited by CCAMLR or the Scientific Committee to attend their meetings or the meetings of their subsidiary bodies; and

 (b) is so invited as a representative of an organisation, including an intergovernmental or non-governmental organisation.

Party means a Party to the Convention.

Representative of a Party means a representative of a Party to the Convention in attendance at Conferences or meetings convened by CCAMLR or subsidiary bodies established by CCAMLR or the Scientific Committee and includes delegates, alternates, advisers, technical experts, and secretaries of delegations.

Scientific Committee means the Scientific Committee of CCAMLR and subsidiary bodies established by the Scientific Committee.

staff member means the Executive Secretary and all persons appointed or recruited for full-time employment with CCAMLR and subject to its staff regulations, but does not include:

 (a) experts; or

 (b) persons recruited locally and assigned to hourly rates of pay.

subclass 400 visa means a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.

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

subclass 600 visa means a Subclass 600 (Visitor) visa.

VAC means visa application charge.

5  Class of persons for nil VAC—subclass 400 visa—all streams

  For sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations, a CCAMLR applicant or family member is specified.

6  Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams

  For subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, a CCAMLR applicant or family member who is seeking to satisfy the primary criteria for a subclass 600 visa in one of the following streams is specified:

 (a) the Business Visitor stream; or

 (b) the Tourist stream.

7  Class of persons for nil VAC—subclass 408 visa—Invited Participant in an event

  For subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations:

 (a) a CCAMLR applicant or family member who is seeking to satisfy the criterion in clause 408.219A of Schedule 2 to the Migration Regulations on the basis of clause 408.221 of that Schedule is specified; or

 (b) an applicant who is seeking to satisfy the secondary criteria for the grant of a subclass 408 visa on the basis that the applicant is a family member of a person who:

 (i) holds a subclass 408 visa; and

 (ii) at the time of applying for the visa, the person was in the class of persons covered by paragraph (a) as a CCAMLR applicant.