1237Temporary Activity (Class GG)

1237  Temporary Activity (Class GG)  (1) Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).  (i) for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil; and  (ii) for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and  (iii) for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5):   - 1 Base application charge $110 - 2 Additional applicant charge for an applicant who is at least 18 $110 - 3 Additional applicant charge for an applicant who is less than 18 $30       Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application. Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and who has combined the application with that applicant’s application. Additional requirements  (3) The requirements in the table must be met.   - 1 An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5) - 2 An applicant:(a) if subitem (5A) applies to the applicant—must be in Australia, but not in immigration clearance; or(b) otherwise—may be in or outside Australia, but not in immigration clearance. - 3 If an applicant:(a) is seeking to satisfy the criterion in clause 408.219A of Schedule 2 on the basis of a clause in Subdivision 408.22 of Schedule 2 other than clause 408.228A (workplace justice) or clause 408.229 (Australian Government endorsed events); and(b) either:(i) is in Australia; or(ii) is outside Australia, and states on the application form that the proposed length of stay in Australia exceeds 3 months;the application must meet the requirement in subitem (4) or (5) of this item - 3A If an applicant is seeking to satisfy the criterion in clause 408.219A of Schedule 2 on the basis that clause 408.228A (workplace justice) of that Schedule applies to the applicant, all of the following must apply:(a) a certificate has been issued in relation to the applicant by a person, body or government entity determined in the instrument made under subitem (5B) of this item;(b) the certificate states that a matter relating to workplace exploitation that is of a kind determined in the instrument made under that subitem applies in relation to the applicant;(c) the certificate has not been revoked or set aside. - 4 If an applicant holds a substantive visa, the visa must not be:(a) a permanent visa; or(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or(c) a Subclass 771 (Transit) visa; or(d) a special purpose visa; or(e) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph under subregulation 2.07(5) - 5 If an applicant is in Australia and does not hold a substantive visa:(a) the applicant must have held a substantive visa; and(b) the last substantive visa held by the applicant must not have been:(i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or(ii) a Subclass 771 (Transit) visa; or(iii) a special purpose visa; and(c) the application must be made:(i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or(ii) if that last substantive visa was cancelled, and the ART has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation—within 28 days after the day when:(A) if the ART’s decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of the decision; or(B) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of the ART’s decision - 6 An applicant seeking to satisfy the primary criteria must declare in the application (the primary application) whether or not each of the following:(a) the applicant;(b) any person who has made a combined application with the applicant;has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act  (4) For the purposes of item 3 of the table in subitem (3), an application meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant’s sponsor in relation to the application, and the person is:  (a) a temporary activities sponsor; or  (b) a person who has applied for approval as a temporary activities sponsor, but whose application has not yet been decided.  (5) For the purposes of item 3 of the table in subitem (3), an application lodged on or before 18 May 2017 meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant’s sponsor in relation to the application, and the person is:  (a) a long stay activity sponsor; or  (b) a training and research sponsor; or  (c) a special program sponsor; or  (d) an entertainment sponsor; or  (e) a superyacht crew sponsor; or  (f) a person who has applied for approval as a sponsor mentioned in any of paragraphs (a) to (e), but whose application has not yet been decided.  (5A) For the purposes of paragraph (a) of item 2 of the table in subitem (3), this subitem applies to the following applicants:  (a) an applicant (the primary applicant) who is seeking to satisfy the criterion in clause 408.219A of Schedule 2 on the basis that clause 408.228A (workplace justice) of that Schedule applies to the applicant;  (b) an applicant who claims to be a member of the family unit of the primary applicant.  (5B) The Minister may, by legislative instrument, determine the following:  (a) a person, body or government entity for the purposes of paragraph (a) of item 3A of the table in subitem (3);  (b) a kind of matter relating to workplace exploitation for the purposes of paragraph (b) of item 3A of the table in subitem (3).  (6) An application by a person claiming to be a member of the family unit of a person (the primary applicant) who is an applicant for a Temporary Activity (Class GG) visa may be made at the same time and place as, and combined with, an application by the primary applicant or any other member of the family unit who claims to be a member of the family unit of the primary applicant.   Subclass 408   (Temporary Activity)  (8) In this item: government entity means:  (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or  (b) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory.