{"id":"F2018L00288","name":"Migration (IMMI 18/055: Visas attracting a subsequent temporary application charge) Instrument 2018","slug":"migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439528,"registerId":"F2018L00288-fast-fetch-1775955520869","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (IMMI 18/055: Visas attracting a subsequent temporary application charge) Instrument 2018","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\n\n \n\nMigration (IMMI 18/055: Visas attracting a subsequent temporary application charge) Instrument 2018\n\nI, Alan Tudge, Minister for Citizenship and Multicultural Affairs, make the following instrument.\n\nDated 15 March 2018\n\n \n\nAlan Tudge\n\nThe Hon Alan Tudge MP\n\nMinister for Citizenship and Multicultural Affairs\n\n \n\nContents\n\nPart 1 - Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Schedules\n\nPart 2 - Visas attracting a subsequent visa application charge\n\n6 Visas attracting a subsequent visa application charge..........................2\n\nSchedule 1—Visas specified for paragraph 2.12C(5)(a) of the Regulations 3\n\nSchedule 2— Visas specified for paragraph 2.12C(5)(c) of the Regulations 4\n\nSchedule 3—Repeals 7\n\nIMMI 16/098 - VISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE 2016/098 (F2016C01021) 7\n\n \n\nPart 1—Preliminary\n\n1 Name\n\n1. This instrument is the Migration (IMMI 18/055: Visas attracting a subsequent temporary application charge) Instrument 2018.\n2. This instrument may also be cited as IMMI 18/055.\n\n\n2 Commencement\n\nThis instrument commences on 18 March 2018.\n\n3 Authority\n\nThis instrument is made under paragraphs 2.12C(5)(a) and 2.12C(5)(c) of the Regulations.\n\n4 Definitions\n\nIn this instrument:\n\nRegulations means Migration Regulations 1994.\n\n5 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nPart 2—Visas attracting a subsequent visa application charge\n\n6 Visas attracting subsequent visa application charge\n\n1. For the purposes of paragraph 2.12C(5)(a) of the Regulations, the visas listed in Schedule 1 to this instrument are specified.\n2. For the purposes of paragraph 2.12C(5)(c) of the Regulations, the visas listed in Schedule 2 to this instrument are specified.\n\n\n \n\n\n\n\nSchedule 1 – Visas specified for paragraph 2.12C(5)(a) of the Regulations\n\n \n\n| Subclass | Streams within that subclass (if applicable) |\n| --- | --- |\n| 500 (Student) | The whole Subclass excluding:
Foreign affairs students; or Defence students; or students enrolled in a registered Masters Degree by Research or Doctoral degree course (including PhD marking) |\n| 590 (Student Guardian) | The whole Subclass |\n| 407 | The whole Subclass |\n| 408 | The whole Subclass except where an applicant is in a class of persons specified by the Minister for the purposes of subparagraphs 1237(2)(a)(i), 1237(2)(a)(ii) and 1237(2)(a)(iii) of Schedule 1 to the Regulations. |\n| 482 | The whole Subclass |\n| 600 | The whole Subclass |\n| 676 | The whole Subclass |\n\n\n\n\n\nSchedule 2– Visas specified for paragraph 2.12C(5)(c) of the Regulations\n\n \n\n| Subclass | Streams within that subclass (if applicable) |\n| --- | --- |\n| 401 | The whole Subclass |\n| 402 | Occupational Trainee |\n| 402 | Subclass 402 visa granted to an applicant who satisfied the requirements of paragraph 402.311(a) of Schedule 2 to the Regulations |\n| 402 | Research |\n| 402 | Subclass 402 visa granted to an applicant who satisfied the requirements of paragraph 402.311(b) of Schedule 2 to the Regulations |\n| 407 | The whole Subclass |\n| 408 | The whole Subclass |\n| 411 | The whole Subclass |\n| 415 | The whole Subclass |\n| 416 | The whole Subclass |\n| 417 | The whole Subclass |\n| 419 | The whole Subclass |\n| 420 | The whole Subclass |\n| 421 | The whole Subclass |\n| 422 | The whole Subclass |\n| 423 | The whole Subclass |\n| 426 | The whole Subclass |\n| 427 | The whole Subclass |\n| 428 | The whole Subclass |\n| 442 | The whole Subclass |\n| 457 | The whole Subclass |\n| 462 | The whole Subclass |\n| 482 | The whole Subclass |\n| 500 | The whole Subclass excluding :
(a) holders of a Subclass 500 visa who paid nil visa application charge as they were affected by provider default. |\n| 570 | The whole Subclass excluding:
(a) holders of a Subclass 570 visa who paid nil visa application charge as they were affected by provider default. |\n| 571 | The whole Subclass excluding:
(a) holders of a Subclass 571 visa who paid nil visa application charge as they were affected by provider default. |\n| 572 | The whole Subclass excluding:
(a) holders of a Subclass 572 visa who paid nil visa application charge as they were affected by provider default. |\n| 573 | The whole Subclass excluding:
(a) holders of a Subclass 573 visa who paid nil visa application charge as they were affected by provider default. |\n| 574 | The whole Subclass excluding:
(a) holders of a Subclass 574 visa who paid nil visa application charge as they were affected by provider default.
|\n| 575 | The whole Subclass excluding
(a) holders of a Subclass 575 visa who paid nil visa application charge as they were affected by provider default. |\n| 576 | The whole Subclass excluding:
(a) holders of a Subclass 576 visa who paid nil visa application charge as they were affected by provider default. |\n| 580 | The whole Subclass excluding:
(a) holders of a Subclass 580 visa who paid nil visa application charge as their nominating student was affected by provider default. |\n| 590 | The whole Subclass excluding:
(a) holders of a Subclass 590 visa who paid nil visa application charge as their nominating student was affected by provider default. |\n| 600 | Tourist stream |\n| 602 | The whole Subclass |\n| 676 | The whole Subclass |\n| 685 | The whole Subclass |\n\n\n\n\n\nSchedule 3—Repeals\n\nVISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE 2016/098 (F2016C01021)\n\n1 The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2016 instrument (Schedule 3) and replaces it by specifying lists of visa subclasses for the purposes of paragraphs 2.12C(5)(a) and 2.12C(5)(c) of the Migration Regulations. The text itself does not provide a side‑by‑side comparison, so readers must compare the schedules with the repealed instrument to identify specific additions or removals."},"complexity_factors":["Relies on cross‑references to Migration Regulations 1994 (paragraphs 2.12C(5)(a) and 2.12C(5)(c)); the instrument only specifies subclasses, not charge amounts.","Long schedules with many visa subclasses and stream‑specific carve‑outs increase rules to be checked by officials and applicants (Schedules 1 & 2).","Multiple exclusions tied to 'provider default' create an evidentiary/admin burden to verify entitlement to a nil charge.","Repeals an earlier instrument (Schedule 3), so determining net change requires comparison with the 2016 instrument.","Some entries are fragmented or repeated (eg subclass 402 appears on several lines), which can cause interpretive friction for implementers."],"plain_english_summary":"_Migration (IMMI 18/055)_ (commencing 18 March 2018) lists which temporary visa subclasses are treated as attracting a subsequent temporary application charge under the Migration Regulations 1994 (paras 2.12C(5)(a) and (c)). The instrument was made by the Minister and repeals the 2016 instrument it replaces.\n\nPeople who apply for the listed visa subclasses may face an extra charge when lodging a later temporary visa application; some streams are explicitly excluded (for example certain student categories and applicants affected by provider default), requiring administrative checks to decide who pays."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying which visas attract the subsequent temporary application charge. It is a direct replacement of IMMI 16/098 with updated visa subclass references (adding newer subclasses like 482, updating student visa framework from old 570-576 system to new 500 system) but does not expand beyond the original charging mechanism."},"complexity_factors":["Short, single-purpose instrument (only 7 substantive clauses)","Minimal defined terms (only 'Regulations' defined)","Simple structure: preliminary provisions, one operative section, three schedules","Schedules consist mainly of tables listing visa subclasses with straightforward inclusions/exclusions","No nested conditional logic or cross-referencing beyond basic references to the Migration Regulations 1994","Exceptions are clearly enumerated (e.g., 'excluding: Foreign affairs students; or Defence students') rather than buried in complex formulae"],"plain_english_summary":"This instrument lists which temporary Australian visas attract the subsequent temporary application charge (STAC) — an extra fee payable when a person already on certain temporary visas applies for another. It updates which visa types trigger or attract the charge (two schedules), affecting students, temporary workers, visitors and working-holiday makers.\n\nKey exemptions include research students, provider-default students, and certain diplomatic/defence students."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018","history":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018/history","analysis":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018/analysis","conflicts":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018/conflicts","importantCases":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018/important-cases","documents":"/api/acts/migration-immi-18-055-visas-attracting-a-subsequent-temporary-application-charge-instrument-2018/documents"}}