{"id":"F2024L00508","name":"Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024","slug":"migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442380,"registerId":"F2024L00508-fast-fetch-1775957398303","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 24/036\n\n \n\n \n\nMigration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024\n\nI, Alison Garrod, delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.\n\nDated 1 May 2024\n\nAlison Garrod\n\nAssistant Secretary / Senior Executive Band 1\n\nTemporary Visas Branch\n\nImmigration Programs Division\n\nDepartment of Home Affairs\n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Class of persons for nil VAC—subclass 400 visa—all streams\n\n6  Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams\n\n7  Class of persons for nil VAC—subclass 408 visa—Invited Participant in an event\n\n \n\n1  Name\n\n  This instrument is the Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under the following provisions of the Migration Regulations:\n\n (a) sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1;\n\n (b) subparagraph 1236(2)(a)(iv) of Schedule 1;\n\n (c) subregulation 2.07(5) for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1.\n\n4  Definitions\n\nNote 1 The expression visa application charge used in this instrument is defined in section 5 of the Migration Act 1958.\n\nNote 2 The expression member of the family unit used in this instrument is defined in regulation 1.12 of the Migration Regulations 1994.\n\nIn this instrument:\n\nCCAMLR means the Commission for the Conservation of Antarctic Marine Living Resources.\n\nCCAMLR applicant means an applicant for a visa who has official business with CCAMLR, including subsidiary bodies established by CCAMLR and the Scientific Committee, as:\n\n (a) a representative of a Party; or\n\n (b) a staff member of CCAMLR; or\n\n (c) an expert or consultant on missions for CCAMLR; or\n\n (d) an observer to CCAMLR.\n\nConvention 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.\n\nExpert 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.\n\nfamily 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.\n\nMigration Regulations means the Migration Regulations 1994.\n\nObserver to CCAMLR means a person who:\n\n (a) has been invited by CCAMLR or the Scientific Committee to attend their meetings or the meetings of their subsidiary bodies; and\n\n (b) is so invited as a representative of an organisation, including an intergovernmental or non-governmental organisation.\n\nParty means a Party to the Convention.\n\nRepresentative 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.\n\nScientific Committee means the Scientific Committee of CCAMLR and subsidiary bodies established by the Scientific Committee.\n\nstaff 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:\n\n (a) experts; or\n\n (b) persons recruited locally and assigned to hourly rates of pay.\n\nsubclass 400 visa means a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.\n\nsubclass 408 visa means a Subclass 408 (Temporary Activity) visa.\n\nsubclass 600 visa means a Subclass 600 (Visitor) visa.\n\nVAC means visa application charge.\n\n5  Class of persons for nil VAC—subclass 400 visa—all streams\n\n  For sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations, a CCAMLR applicant or family member is specified.\n\n6  Class of persons for nil VAC—subclass 600 visa—Business Visitor and Tourist streams\n\n  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:\n\n (a) the Business Visitor stream; or\n\n (b) the Tourist stream.\n\n7  Class of persons for nil VAC—subclass 408 visa—Invited Participant in an event\n\n  For subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations:\n\n (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\n\n (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:\n\n (i) holds a subclass 408 visa; and\n\n (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.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument creates a specific nil VAC class limited to persons with official CCAMLR business and their immediate family for specified visa streams. It does not expand exemptions beyond the defined CCAMLR roles or additional visa categories, and therefore does not evidence a change in scope from its stated purpose within the instrument."},"complexity_factors":["Narrow, targeted beneficiary class defined by multiple defined terms (CCAMLR applicant, expert, observer, staff member, family member) — requires correct classification (see Definitions, cl.4).","Applies across three visa subclasses with different criteria and streams (Subclass 400, Subclass 600 Business Visitor & Tourist, Subclass 408 Invited Participant) — cross-references increase drafting complexity (see cls.5–7).","Relies on specific Migration Regulations provisions for authority and legal effect (clauses 3, referencing sub‑paragraphs 1231(2)(a)(iv)(A), 1236(2)(a)(iv), 1237(2)(a)(i)), creating dependency on external provisions.","Administrative verification burden on decision‑makers to confirm CCAMLR connection and family relationships — potential for document checks and discretionary assessments (implicit in the eligibility mechanism).","Low policy breadth: scope is tightly limited, so implementation complexity is more procedural than conceptual."],"plain_english_summary":"This instrument exempts people with official business for the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) — representatives, staff, experts, observers, and their immediate family — from paying visa application charges for Subclass 400 (all streams), Subclass 600 (Business Visitor and Tourist streams) and specified Subclass 408 (Invited Participant) grants.\n\nMechanically, it designates a ‘nil VAC’ class and shifts payment off those travellers, requiring immigration officers to verify eligibility and imposing modest administrative checks."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: specifying fee waivers for CCAMLR-related visa applicants. The scope has not expanded beyond this specific international obligation."},"complexity_factors":["Short instrument with only 7 sections and straightforward structure","13 defined terms in section 4, but most are simple descriptive definitions (e.g., 'CCAMLR', 'Party', 'Expert')","Three operative provisions (sections 5-7) that mirror each other with minimal variation","Heavy reliance on external references to Migration Regulations (Schedule 1 and Schedule 2 provisions) and the Migration Act 1958","Nested definitions (e.g., 'CCAMLR applicant' contains four sub-categories, 'staff member' excludes experts and local hires)","Section 7(b) contains conditional logic for secondary visa applicants that requires tracing through multiple clauses"],"plain_english_summary":"This instrument waives the visa application charge for people travelling to Australia for official business with the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) — including member-country representatives, CCAMLR staff, experts/consultants, invited observers, and their partners/dependents. It applies to certain short‑term visas (subclasses 400, 600 and 408) to remove fee barriers and facilitate Australia’s participation in international Antarctic conservation work."}},"importantCases":[],"_links":{"self":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024","history":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024/history","analysis":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024/analysis","conflicts":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024/conflicts","importantCases":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024/important-cases","documents":"/api/acts/migration-class-of-persons-for-nil-vac-ccamlr-instrument-lin-24-036-2024/documents"}}