Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020 (Cth)

Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 19 March 2020

David Hurley

Governor‑General

By His Excellency’s Command

Alan Tudge

Minister for Population, Cities and Urban Infrastructure

for the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

1Name

This instrument is the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	21 March 2020
2. Schedule 1	1 July 2020.	1 July 2020
3. Schedules 2 and 3	29 March 2020.	29 March 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

1. (a)

   the Australian Citizenship Act 2007;

2. (b)

   the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Payment of citizenship fees

Australian Citizenship Regulation 2016

1

Subsection 16(7)

Repeal the subsection, substitute:

1. (7)

   In this section:

conversion instrument means the Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 as in force on 1 July 2020.

places and currencies instrument means the Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020 as in force on 1 July 2020.

2

In the appropriate position in Part 4

Insert:

26Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020

The amendment of section 16 made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to an application made on or after 1 July 2020.

Schedule 2Approving relevant assessing authorities

Migration Regulations 1994

1

Regulation 1.03

Insert:

Skills Assessment Department means the Department administered by the Skills Assessment Minister.

Skills Assessment Minister means the Minister responsible for skills assessment services.

Skills Assessment Secretary means the Secretary of the Skills Assessment Department.

2

Before subregulation 2.26B(1)

Insert:

Specifying relevant assessing authorities

3

Subregulation 2.26B(1A)

Repeal the subregulation, substitute:

1. (1A)

   The Minister must not specify a person or body as the relevant assessing authority for a skilled occupation and one or more countries unless the person or body has been approved as the relevant assessing authority for the occupation and the countries under subregulation (1B).

Approving relevant assessing authorities

1. (1B)

   For the purposes of subregulation (1A), the Skills Assessment Minister may, in writing, approve a person or body as the relevant assessing authority for:

   1. (a)

      a skilled occupation; and

   2. (b)

      one or more countries.

2. (1C)

   The Skills Assessment Minister may, in writing, delegate his or her power under subregulation (1B) to:

   1. (a)

      the Skills Assessment Secretary; or

   2. (b)

      an SES employee, or acting SES employee, who:

      1. (i)

         is in the Skills Assessment Department; and

      2. (ii)

         has responsibilities relating to skills assessment services.

   Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Standards against which skills are assessed

4

In the appropriate position in Schedule 13

Insert:

Part 89—Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020

8901Operation of Schedule 2

An approval of a person or body as the relevant assessing authority for a skilled occupation:

1. (a)

   made under subregulation 2.26B(1A); and

2. (b)

   in force immediately before 29 March 2020;

has effect, from 29 March 2020, as if it were:

1. (c)

   an approval of that person or body as the relevant assessing authority for:

   1. (i)

      that occupation; and

   2. (ii)

      all countries; and

2. (d)

   made under subregulation 2.26B(1B).

Schedule 3Miscellaneous amendments

Migration Regulations 1994

1

Paragraph 773.213(3)(sa) of Schedule 2

Omit “visa”.