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Imports Information
Friday, 18 September 2009
Article Index
Imports Information
1. Film and/or TV Actors
2. Film and/or Television Personnel
3. Live Theatre, Dance, Ballet, Opera and Musical Production Performers
4. DJs, Concert, Cabaret or Variety Performers
5. Live Theatre Performance Personnel

2. Importing and Sponsoring Film and/or Television Personnel

"Film and/or Television” includes all film and television productions.

“Personnel” include producers, directors, heads of department and all technicians.

Process

All Applications need to be made with the Department of Immigration and Citizenship (DIAC). Consultation will also need to take place with the Media, Entertainment and Arts Alliance (the Alliance)

1. The Department of Immigration and Citizenship (DIAC)

  • The relevant visa is an Entertainer (sub-class 420) Visa.
  • Applications for overseas personnel to be engaged on film or television being produced in part or in whole in Australia are considered within the parameters of the Migration Regulations and, in particular, with reference to the extent to which the application complies with the provisions of the net employment benefit test under Reg 1.12A of the Migration Regulations 1994
  • The net employment benefit test requires the Sponsor to demonstrate that the engagement of the overseas person/s will lead to greater employment of Australians in the entertainment industry than would have been the case had Australian personnel been engaged.
  • Application needs to be made as Sponsor and a 1379 form lodged with DIAC with a copy of the completed form provided to the Alliance (see below) :
  • Application needs to be made in respect of the visa for the overseas person and a 147 form lodged with DIAC:
  • All DIAC enquiries should be directed to:
    DIAC’s Sydney Entertainment Processing Centre:
    Tel:  +61 2 8861 4302
    Fax: +61 2 8861 4301

2. The Media, Entertainment and Arts Alliance (the Alliance)

  •  It is necessary to provide the following information:
   
    a. An outline of the production;
    b. A letter outlining the reason for importing an overseas person/s setting out why the application complies with the net employment benefit test and why Australians could not have been engaged;
    c. A copy of the completed 1379 form that will be lodged with DIAC;
    d. A copy of the overseas person/s resume.
    e. A copy of the deal memo/contract with the overseas person/s.Provision of deal memos/contracts is treated strictly confidentially. Most importantly, it is necessary that the deal memo/contract set out that:

            i. the overseas person is to receive remuneration and be afforded terms and conditions, including accommodation, travel and transport within Australia and per diems, no less favourable than those contained in the relevant Australian award/agreement. For information regarding the relevant agreement please contact aid@alliance.org.au or +61 2 9333 0666;
            ii. the sponsor will provide the overseas person with return international airfare/s and take out medical insurance on the actor's behalf.

  • It is advisable to commence discussions with the Alliance as early as possible. It is advisable to commence discussions with the Alliance as early as possible. If the application complies with the Migration Regulations, the procedure is simple and quick. If the application does not comply with the Migration Regulations, the Alliance will advise accordingly.

  • All Alliance Imports enquiries and consultation should be directed to the Alliance Imports Office:

     Tel:  +61 7 3846 0044
    Fax: +61 7 3846 0153
    Email: imports@alliance.org.au

  • The Alliance will advise in writing whether in its view the application complies with the Migration Regulations and copy that advice to DIAC.

Note that consultation with the Alliance is not required if the production is:

  • an overseas documentary or a commercial (for cinema or television release) fully financed from overseas sources and produced exclusively for use in territories other than Australia which will never in the future be released in any media in Australia. In this case the relevant visa class is Media and Staff Other Sub-Class 423 Visas: Go to the Department of Immigration and Citizenship (DIAC) Media and Staff Other Sub-Class 423 Visa Information page  
  • the production has been certified by the Australian Film Commission as an eligible Official Co-Production. The relevant class of visa remains the Entertainer Sub-Class 420 visa. For further information, contact the Australian Film Commission (02) 9321 6444.
  • a producer and/or director and/or other staff are travelling to Australia for the purpose of investigating locations, having meetings and establishing whether it is viable to produce a film or television production. The relevant class of visa is a Short Stay Business Sub-Class 456 Visa. 

Consultation Fee for the Media, Entertainment and Arts Alliance

Applications for union endorsement of overseas performers and technicians are subject to a consulation fee and should be submitted as part of your application (see fees below, GST inclusive):

Producers

Not applicable

Film and TV Actors (other than dancers)

$550.00

Film and TV Personnel

$302.50

Live Theatre/Variety Performers

$165.00

Dancers

$379.50

Live Theatre/Variety Personnel

$110.00



 
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