Migration (1993) Regulations (Cth)
Case
No judgment structure available for this case.
MIGRATION (1993) REGULATIONS
(#DATE 25:07:1994)
(#DATE 25:07:1994)
- Updated as at 25 July 1994
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1992 No. 367 30 Nov 1992 1 Feb 1993
1993 No. 19 29 Jan 1993 1 Feb 1993 -
29 12 Feb 1993 R. 3: 1 Mar 1993
R. 4: 8 Feb 1993
Remainder:
12 Feb 1993 -
as amended by
1993 No. 218 17 Aug 1993 (see 1993 No. 218
below) -
88 28 May 1993 Rr. 3.6, 7.3, 11.3,
20.1, 20.2, 24.8,
24.9, 24.16, 24.21,
24.25, 24.26, 24.
29-24.31, 24.33,
26.2, 31.2 and
38.1: 1 Feb 1993
Rr. 40.2-40.4:
1 Mar 1993
Rr. 36.1 and 36.2:
31 May 1993
Remainder:
28 May 1993 R. 44
169 29 June 1993 29 June 1993 -
175 30 June 1993 1 July 1993 -
218 17 Aug 1993 Rr. 8 and 10.1-10.4:
1 Feb 1993 R. 19:
12 Feb 1993
Rr. 14.1-14.4:
15 June 1993
Remainder:
17 Aug 1993 -
235 9 Sept 1993 Rr. 5 and 7:
13 Sept 1993
R. 8: 1 Oct 1993
Remainder:
9 Sept 1993 -
253 30 Sept 1993 1 Oct 1993 -
267 29 Oct 1993 29 Oct 1993 -
283 5 Nov 1993 Rr. 3 and 11.4-11.8:
3 June 1993
R. 11.1: 1 Feb 1993
R. 12: 1 Oct 1993
Remainder:
5 Nov 1993 -
309 25 Nov 1993 Rr. 9.7, 9.8, 9.18
and 9.19:
1 June 1993
Remainder:
25 Nov 1993 -
310 22 Nov 1993 22 Nov 1993 -
329 10 Dec 1993 10 Dec 1993 -
363 23 Dec 1993 23 Dec 1993 -
371 24 Dec 1993 Rr. 7-9, 14.1,
14.2, 14.20-14.23,
22.3 and 22.4:
1 Feb 1993
Remainder:
24 Dec 1993 -
1994 No. 11 4 Feb 1994 1 Mar 1994 -
38 11 Mar 1994 R. 10.1:
24 Dec 1993
R. 10.2:
1 Mar 1994
Remainder:
11 Mar 1994 -
39 11 Mar 1994 11 Mar 1994 -
87 7 Apr 1994 Rr. 6.4, 6.14,
6.26 and 9.9:
1 Mar 1994
Remainder:
7 Apr 1994 -
141 23 May 1994 Rr. 8-11 and 13:
1 Mar 1994
Remainder:
23 May 1994 -
240 1 July 1994 R. 8: 1 Mar 1994
Remainder:
1 July 1994 R. 13
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 1.3 am. 1993 Nos. 19, 88, 218, 309 and 371; 1994
Nos. 11, 38, 141 and 240
R. 1.5 am. 1993 No. 19
R. 1.6 am. 1993 Nos. 19 and 88
R. 1.7 am. 1993 No. 19
R. 1.7A ad. 1994 No. 240
R. 1.10 am. 1993 No. 19
R. 1.13 rs. 1993 No. 371; 1994 No. 141
R. 1.18 rep. 1993 No. 88
R. 1.20 am. 1993 No. 19
R. 1.3 am. 1994 No. 11
R. 2.1 am. 1993 No. 309
R. 2.2 am. 1993 No. 19
R. 2.4 am. 1993 Nos. 19 and 309; 1994 No. 141
R. 2.5 am. 1993 No. 371; 1994 No. 11
R. 2.6 rep. 1994 No. 38
R. 2.8 am. 1993 No. 88
R. 2.10 am. 1993 Nos. 19, 88, 235 and 283; 1994 Nos.
11 and 87
R. 2.12 am. 1993 Nos. 19, 88 and 267
R. 2.15 am. 1993 Nos. 88 and 309; 1994 Nos. 11 and 87
R. 2.16 am. 1993 Nos. 19 and 283; 1994 No. 38
R. 2.17 am. 1994 No. 11
R. 2.18 am. 1993 No. 19
R. 2.21 am. 1993 No. 283; 1994 No. 11
R. 2.21A ad. 1993 No. 283
R. 2.24 am. 1993 No. 371
R. 2.22 am. 1993 Nos. 19 and 88
R. 2.27 am. 1993 Nos. 19 and 267
R. 2.28 am. 1994 No. 11
R. 2.29 am. 1993 Nos. 19, 88 and 283; 1994 No. 11
R. 2.31 am. 1993 No. 88
R. 2.33 am. 1993 No. 19
R. 2.34 am. 1994 No. 11
R. 2.35 am. 1993 No. 88
R. 2.38 am. 1994 No. 38
Part 2A
(rr. 2A.1-2A.12) ad. 1993 No. 19
R. 2A.1 ad. 1993 No. 19
R. 2A.2 am. 1993 No. 371; 1994 No. 11
R. 2A.3 ad. 1993 No. 19
am. 1993 No. 371
R. 2A.4 ad. 1993 No. 19
R. 2A.5 ad. 1993 No. 19
rep. 1994 No. 11
R. 2A.6-2A.8 ad. 1993 No. 19
R. 2A.9 ad. 1993 No. 19
am. 1993 No. 371
R. 2A.10 ad. 1993 No. 19
R. 2A.10A ad. 1993 No. 175
Rr. 2A.11, 2A.12 ad. 1993 No. 19
R. 3.1A ad. 1993 No. 19
R. 3.3 am. 1993 No. 88
Heading to Div. 2
of Part 5 am. 1993 No. 19
R. 5.6 am. 1993 No. 19
R. 7.1 am. 1993 No. 88
R. 7.6 am. 1993 No. 88
R. 7.8 am. 1993 No. 88
R. 7.8AA ad. 1993 No. 29
am. 1993 Nos. 88 and 218; 1994 No. 141
Rr. 7.8A, 7.8B ad. 1993 No. 19
R. 7.16 rs. 1993 No. 218
am. 1994 No. 240
R. 7.17 am. 1993 Nos. 19 and 218
R. 7.18 am. 1993 Nos. 19 and 363; 1994 No. 11
R. 7.20A ad. 1993 No. 29
am. 1993 No. 88
rep. 1993 No. 175
R. 7.22 rs. 1993 No. 19
R. 7.23 rep. 1993 No. 19
R. 7.24 am. 1993 No. 371
R. 7.25 am. 1994 No. 240
R. 7.26 am. 1993 No. 371; 1994 No. 240
R. 7.27 am. 1993 No. 253; 1994 No. 240
R. 7.28 am. 1994 No. 11
R. 7.30 am. 1993 No. 88
R. 7.31 ad. 1993 No. 309
R. 8.2 am. 1993 Nos. 19 and 88; 1994 No. 38
Schedule 1 am. 1993 Nos. 19, 88, 235, 309, 310 and 371;
1994 Nos. 11, 39 and 87
Schedule 2
Note to Heading to
Schedule 2 rs. 1993 No. 19
Heading to Ch. 1.1 ad. 1993 No. 19
Subdiv. 100.12 rs. 1993 No. 218
c. 100.321 am. 1993 No. 218
c. 100.322 am. 1993 No. 19
c. 100.331 am. 1993 No. 19
c. 100.337 am. 1993 No. 329
c. 100.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 101.12 rs. 1993 No. 218
c. 101.321 am. 1993 No. 19
c. 101.333 am. 1993 No. 218
c. 101.336 am. 1993 Nos. 218 and 329
c. 101.338 ad. 1993 No. 218
c. 101.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 102.52
(c. 102.521)
Renumbered Subdiv.
101.52 (c. 101.521) 1993 No. 88
Subdiv. 102.12 rs. 1993 No. 218
c. 102.331 am. 1993 No. 19
c. 102.335 am. 1993 Nos. 88 and 329
c. 102.337 ad. 1993 No. 218
c. 102.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 103.12 rs. 1993 No. 218
c. 103.322 am. 1993 No. 19
c. 103.331 am. 1993 No. 19
c. 103.336 am. 1993 Nos. 88 and 329
c. 103.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 104.12 rs. 1993 No. 218
c. 104.321 am. 1993 No. 19
c. 104.335 am. 1993 No. 329
cc. 104.337, 104.338 ad. 1993 No. 218
c. 104.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 105.52
(c. 100.521)
Renumbered Subdiv.
104.52 (c. 104.521) 1993 No. 88
Subdiv. 105.12 rs. 1993 No. 218
c. 105.321 am. 1993 No. 218
c. 105.323 rep. 1993 No. 371
c. 105.331 am. 1993 No. 218
c. 105.332 rs. 1994 No. 38
c. 105.332A ad. 1993 No. 371
am. 1994 No. 38
c. 105.332B ad. 1993 No. 371
am. 1994 No. 141
c. 105.336 am. 1993 No. 329
c. 105.338 rs. 1993 No. 19
c. 105.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 120.12 rs. 1993 No. 371
c. 120.335 am. 1993 No. 329
c. 120.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 121.12 rs. 1993 No. 371
c. 121.336 am. 1993 No. 329
c. 121.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 124.12 rs. 1993 No. 371
cc. 124.321,
124.322 am. 1993 No. 88
c. 124.334 am. 1993 No. 329
c. 124.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 125.12 rs. 1993 No. 371
c. 125.321 am. 1993 No. 88
c. 125.334 am. 1993 No. 329
c. 125.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 126.12 rs. 1993 No. 371
c. 105.322
Renumbered c. 126.322 1993 No. 371
c. 126.322 rs. 1993 No. 371
rep. 1994 No. 38
c. 126.331 rs. 1994 No. 38
c. 126.331A ad. 1994 No. 38
am. 1994 No. 141
c. 126.332 rs. 1993 No. 19
c. 126.336 am. 1993 No. 329
c. 126.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 127.12 rs. 1993 No. 371
Subdiv. 127.13
(c. 127.13) rep. 1994 No. 240
c. 127.131 am. 1993 No. 235
rep. 1994 No. 240
c. 127.321 rs. 1993 No. 235; 1994 No. 240
c. 127.322 am. 1993 No. 235
c. 127.323 rs. 1993 No. 235
am. 1994 No. 240
c. 127.324 rep. 1993 No. 235
cc. 127.325, 127.326 am. 1994 No. 240
c. 127.327 am. 1993 Nos. 19 and 88; 1994 No. 240
c. 127.329 am. 1993 No. 19
c. 127.332 am. 1994 No. 240
c. 127.335 am. 1993 Nos. 19 and 329
c. 127.511 am. 1993 No. 88
c. 127.811 am. 1994 No. 240
Subdiv. 128.12 rs. 1993 No. 371
c. 128.131 am. 1994 No. 240
cc. 128.322, 128.323 am. 1994 No. 240
c. 128.324 am. 1993 Nos. 19 and 88; 1994 No. 240
c. 128.326 am. 1993 No. 19
c. 128.331 am. 1993 No. 88
c. 128.332 am. 1994 No. 240
c. 128.335 am. 1993 Nos. 19 and 329
c. 128.511 am. 1993 No. 88
c. 128.811 am. 1994 No. 240
Part 129 of Ch. 1.1
(cc. 129.131-129.821) ad. 1993 No. 19
Subdiv. 129.12 rs. 1993 No. 371
Subdiv. 129.13
(c. 129.13) rep. 1994 No. 240
c. 129.131 ad. 1993 No. 19
am. 1993 No. 235
rep. 1994 No. 240
cc. 129.211-129.311 ad. 1993 No. 19
c. 129.321 ad. 1993 No. 19
rs. 1993 No. 235; 1994 No. 240
c. 129.322 ad. 1993 No. 19
am. 1993 No. 235
c. 129.323 ad. 1993 No. 19
rs. 1993 No. 235
am. 1994 No. 240
c. 129.324 ad. 1993 No. 19
rep. 1993 No. 235
cc. 129.325, 129.326 ad. 1993 No. 19
am. 1994 No. 240
c. 129.327 ad. 1993 No. 19
am. 1993 No. 19; 1994 No. 240
cc. 129.328-129.331 ad. 1993 No. 19
c. 129.332 ad. 1993 No. 19
am. 1994 No. 240
cc. 129.333, 129.334 ad. 1993 No. 19
c. 129.335 ad. 1993 No. 19
am. 1993 Nos. 88 and 329
cc. 129.336-129.521 ad. 1993 No. 19
c. 129.811 ad. 1993 No. 19
am. 1994 No. 240
c. 129.821 ad. 1993 No. 19
Part 130 of Ch. 1.1
(cc. 130.131 -130.821) ad. 1993 No. 19
Subdiv. 130.12 rs. 1993 No. 371
c. 130.131 ad. 1993 No. 19
am. 1994 No. 240
cc. 130.211-130.321 ad. 1993 No. 19
cc. 130.322, 130.323 ad. 1993 No. 19
am. 1994 No. 240
c. 130.324 ad. 1993 No. 19
am. 1993 No. 88; 1994 No. 240
cc. 130.325-130.331 ad. 1993 No. 19
c. 130.332 ad. 1993 No. 19
am. 1994 No. 240
cc. 130.333, 130.334 ad. 1993 No. 19
c. 130.335 ad. 1993 No. 19
am. 1993 Nos. 88 and 329
cc. 130.336-130.342 ad. 1993 No. 19
c. 130.511 ad. 1993 No. 19
am. 1993 No. 88
c. 130.521 ad. 1993 No. 19
c. 130.811 ad. 1993 No. 19
am. 1994 No. 240
c. 130.821 ad. 1993 No. 19
c. 150.333 am. 1993 No. 329
c. 150.335 ad. 1993 No. 19
c. 150.811 am. 1993 No. 253; 1994 No. 240
c. 151.334 am. 1993 No. 329
c. 151.811 am. 1993 No. 253; 1994 No. 240
c. 152.321 am. 1993 No. 371
c. 152.335 am. 1993 No. 329
c. 152.337 ad. 1993 No. 371
c. 152.811 am. 1993 No. 253; 1994 No. 240
c. 431.211 am. 1993 No. 88
Heading to Ch. 1.2 ad. 1993 No. 19
Heading to Part 800
of Ch. 1.2 rs. 1993 No. 19
Part 800 of Ch. 2
(cc. 800.511 rep. 1994 No. 11
cc. 800.511-800.732 rep. 1994 No. 11
c. 800.733 rs. 1993 No. 329
rep. 1994 No. 11
c. 800.734 rep. 1994 No. 11
c. 801.131 rs. 1993 No. 88
c. 801.711 am. 1993 Nos. 218 and 371
Subdiv. 801.72 rep. 1993 No. 88
Subdiv. 801.72
(cc. 801.721, 801.722) ad. 1993 No. 88
cc. 801.721, 801.722 ad. 1993 No. 88
c. 801.732 am. 1993 Nos. 19, 88 and 218
c. 801.733 am. 1993 No. 19
c. 801.735 am. 1993 No. 19
Subdiv. 802.82
Renumbered Subdiv.
801.82 1993 No. 19
c. 801.821 am. 1993 Nos. 19 and 218; 1994 No. 240
c. 802.722 am. 1993 No. 88
c. 802.735 rs. 1993 No. 88
c. 802.736 rs. 1993 No. 329
am. 1993 No. 371; 1994 No. 38
cc. 802.737, 802.737 rep. 1993 No. 88
c. 802.821 am. 1993 No. 88; 1994 No. 240
Subdiv. 804.73
(cc. 804.731-804.737) rep. 1993 No. 19
Subdiv. 804.73
(cc. 804.731 ad. 1993 No. 19
cc. 804.731-804.735 rs. 1993 No. 19
c. 804.736 rs. 1993 No. 19
am. 1993 No. 88
c. 804.737 rs. 1993 No. 19
c. 804.738 ad. 1993 No. 19
rep. 1993 No. 88
c. 804.739 ad. 1993 No. 19
c. 804.821 am. 1993 No. 371; 1994 No. 240
c. 805.721 rep. 1993 No. 88
c. 805.722 am. 1993 Nos. 88 and 371
c. 805.723 am. 1993 Nos. 88 and 218
c. 805.724 am. 1993 Nos. 88 and 371
c. 805.738 rs. 1993 No. 88
c. 805.821 am. 1993 No. 371; 1994 No. 240
c. 806.721 am. 1993 Nos. 88 and 371
c. 806.722 rep. 1993 No. 88
c. 806.731 am. 1993 Nos. 19, 88 and 371
c. 806.732 am. 1993 Nos. 19 and 88
rs. 1993 No. 371
c. 806.733 rep. 1993 No. 88
c. 806.734 rs. 1993 No. 88
Subdiv. 802.82
Renumbered Subdiv.
806.82 1993 No. 88
c. 806.821 am. 1994 No. 240
c. 808.711 am. 1993 No. 371
cc. 808.722, 808.723 am. 1993 No. 88
c. 808.821 am. 1994 No. 240
Part 810 of Ch. 1.2
(cc. 810.511-810.821) rep. 1994 No. 11
cc. 810.511-810.711
rep. 1994 No. 11
c. 810.721 rs. 1993 No. 19
rep. 1994 No. 11
cc. 810.731-810.821 rep. 1994 No. 11
c. 812.721 am. 1993 No. 88
c. 812.723 am. 1993 No. 88
c. 812.732 rs. 1993 No. 88
c. 812.735 rep. 1993 No. 88
c. 812.737 rs. 1993 No. 88
c. 812.821 am. 1994 No. 240
c. 814.711 am. 1993 Nos. 218 and 371
c. 814.732 am. 1993 Nos. 19 and 218
c. 814.821 am. 1993 No. 218; 1994 No. 240
Part 815 of Ch. 1.2
(cc. 815.131-815.821) ad. 1994 No. 11
c. 815.131 ad. 1994 No. 11
am. 1994 No. 87
cc. 815.511 ad. 1994 No. 11
cc. 815.711-815.723 ad. 1994 No. 11
am. 1994 No. 87
c. 815.731 ad. 1994 No. 11
c. 815.732 ad. 1994 No. 11
am. 1994 No. 87
cc. 815.733, ad. 1994 No. 11
c. 815.821 ad. 1994 No. 11
am. 1994 No. 87
Part 816 of Ch. 1.2
(cc. 816.131-816.821) ad. 1994 No. 11
c. 816.131 ad. 1994 No. 11
am. 1994 No. 87
cc. 816.511-816.521 ad. 1994 No. 11
cc. 816.711-816.723 ad. 1994 No. 11
am. 1994 No. 87
cc. 816.724, 816.731 ad. 1994 No. 11
c. 816.732 ad. 1994 No. 11
am. 1994 No. 87
c. 816.733 ad. 1994 No. 11
c. 816.734 ad. 1994 No. 11
am. 1994 No. 87
c. 816.735 ad. 1994 No. 11
c. 816.821 ad. 1994 No. 11
am. 1994 Nos. 38 and 87
Part 818 of Ch. 1.2
(cc. 818.131-818.821) ad. 1994 No. 11
c. 818.131 ad. 1994 No. 11
am. 1994 No. 87
cc. 818.511-818.521 ad. 1994 No. 11
cc. 818.711, 818.721 ad. 1994 No. 11
am. 1994 No. 11
c. 818.722 ad. 1994 No. 11
rs. 1994 No. 240
cc. 818.723-818.725 ad. 1994 No. 11
am. 1994 No. 87
c. 818.731 ad. 1994 No. 11
c. 818.732 ad. 1994 No. 11
am. 1994 No. 87
cc. 818.733-818.735 ad. 1994 No. 11
c. 818.821 ad. 1994 No. 11
am. 1994 No. 87
Heading to Ch. 1.3 ad. 1993 No. 19
rs. 1994 No. 11
am. 1994 No. 38
Heading to Part 200
of Ch. 1.3 rs. 1993 No. 19
Subdiv. 200.11 am. 1994 No. 11
c. 200.332 am. 1993 No. 19
c. 200.335 rs. 1993 No. 19
c. 200.337 am. 1993 No. 19
c. 200.339 am. 1993 Nos. 19 and 329
Subdiv. 201.12 am. 1993 No. 19
c. 201.332 am. 1993 No. 19
c. 201.335 rs. 1993 No. 19
c. 201.337 am. 1993 No. 19
c. 201.339 am. 1993 Nos. 19 and 329
Subdiv. 202.11 am. 1994 No. 11
c. 202.336 rs. 1993 No. 19
c. 202.337 am. 1993 No. 19
c. 202.339 am. 1993 Nos. 19 and 329
Subdiv. 203.11 am. 1994 No. 11
c. 203.335 rs. 1993 No. 19
c. 203.337 am. 1993 No. 19
c. 203.339 am. 1993 Nos. 19 and 329
Subdiv. 204.11 am. 1994 No. 11
c. 204.321 rs. 1993 No. 19
c. 204.335 rs. 1993 No. 19
c. 204.337 am. 1993 No. 19
c. 204.339 am. 1993 Nos. 19 and 329
Subdiv. 205.11 am. 1994 No. 11
c. 205.322 am. 1993 No. 88
c. 205.332 rs. 1993 No. 19
c. 205.334 am. 1993 No. 19
c. 205.336 am. 1993 Nos. 19 and 329
Part 208 of Ch. 1.3 am. 1993 No. 19
Subdiv. 208.11 am. 1994 No. 11
c. 208.321 am. 1993 No. 19
c. 208.326 am. 1993 No. 371
c. 208.332 rs. 1993 No. 19
c. 208.333 am. 1993 No. 169
c. 208.337 am. 1993 Nos. 169 and 329
Div. 208.4 am. 1993 No. 19
Div. 208.7 am. 1993 No. 19
Subdiv. 209.11 am. 1994 No. 11
c. 209.322 am. 1993 No. 88
c. 209.323 am. 1993 No. 371
c. 209.333 rs. 1993 No. 19
c. 209.334 am. 1993 No. 169
c. 209.338 am. 1993 Nos. 169 and 329
Part 210 of Ch. 1.3 am. 1993 No. 19
Subdiv. 210.11 am. 1994 No. 11
c. 210.326 am. 1993 No. 371
c. 210.333 rs. 1993 No. 19
c. 210.334 am. 1993 No. 169
c. 210.338 am. 1993 Nos. 169 and 329
Div. 210.4 am. 1993 No. 19
Div. 210.7 am. 1993 No. 19
c. 211.321 rs. 1993 No. 88
c. 211.323 am. 1993 Nos. 19 and 371
c. 211.324 rep. 1993 No. 88
c. 211.333 am. 1993 No. 169
c. 211.335 am. 1993 Nos. 169 and 329
c. 211.337 ad. 1993 No. 88
Subdiv. 212.11 am. 1994 No. 11
Subdiv. 212.12 am. 1993 No. 88
c. 212.323 am. 1993 Nos. 88 and 371
c. 212.334 rs. 1993 No. 19
c. 212.335 am. 1993 No. 169
c. 212.337 am. 1993 Nos. 169 and 329
Part 213 of Ch. 1.3
(cc. 213.211-213.521) ad. 1993 No. 88
Subdiv. 213.11 am. 1994 No. 11
c. 211.211 ad. 1993 No. 88
Renumbered c. 213.211 1993 No. 371
cc. 213.221-213.332 ad. 1993 No. 88
c. 213.333 ad. 1993 No. 88
am. 1993 No. 169
c. 213.334 ad. 1993 No. 88
c. 213.335 ad. 1993 No. 88
am. 1993 Nos. 169 and 329
cc. 213.336-213.521 ad. 1993 No. 88
Part 214 of Ch. 1.3
(cc. 214.211-214.521) ad. 1993 No. 310
Subdiv. 214.11 am. 1994 No. 11
cc. 214.211-214.311 ad. 1993 No. 310
c. 214.321 ad. 1993 No. 310
rs. 1993 No. 363
c. 214.322 ad. 1993 No. 310
rep. 1993 No. 363
c. 214.323 ad. 1993 No. 310
am. 1993 No. 363; 1994 No. 38
cc. 214.324-214.331 ad. 1993 No. 310
c. 214.332 ad. 1993 No. 310
am. 1993 No. 363
cc. 214.333-214.521 ad. 1993 No. 310
Heading to Ch. 1.4 ad. 1993 No. 19
Heading to Part 154
of Ch. 1.4 rs. 1993 No. 19
Subdiv. 154.12 am. 1993 No. 88
Subdiv. 154.32
(cc. 154.321-154.323) rep. 1993 No. 19
Subdiv. 154.32
(cc. 154.321, 154.322) ad. 1993 No. 19
cc. 154.321, 154.322 rs. 1993 No. 19
c. 154.323 rep. 1993 No. 19
c. 154.411 am. 1993 Nos. 19 and 88
Subdiv. 154.42
(cc. 154.421-154.423) rep. 1993 No. 19
Subdiv. 154.42 ad. 1993 No. 19
cc. 154.421-154.423 rep. 1993 No. 19
Subdiv. 154.43 rep. 1993 No. 19
Subdiv. 154.43
(cc. 154.431-154.433) ad. 1993 No. 19
cc. 154.431-154.433 ad. 1993 No. 19
cc. 154.811, 154.812 am. 1994 No. 240
cc. 155.221, 155.222 am. 1993 No. 283
c. 155.321 am. 1993 Nos. 88 and 283
c. 155.411 am. 1993 No. 19
c. 155.421 am. 1993 Nos. 88 and 283
cc. 155.811, 155.812 am. 1994 No. 240
c. 156.411 am. 1993 No. 19
c. 156.421 am. 1993 No. 283
cc. 156.811, 156.812 am. 1994 No. 240
c. 157.411 am. 1993 Nos. 19 and 88
cc. 157.811, 157.812 am. 1994 No. 240
Ch. 1.5
(cc. 800.511-800.734) ad. 1994 No. 11
cc. 800.511-800.734 ad. 1994 No. 11
Part 810 of Ch. 1.5
(cc. 810.511-810.821) ad. 1994 No. 11
cc. 810.511-810.734 ad. 1994 No. 11
c. 810.821 ad. 1994 No. 11
am. 1994 No. 240
Part 817 of Ch. 1.5
(cc. 817.211-817.822) ad. 1994 No. 11
cc. 817.211-817.822 ad. 1994 No. 11
Heading to Ch. 2.1 ad. 1993 No. 19
Heading to Part 303
of Ch. 2.1 rs. 1993 No. 19
Subdiv. 303.12 am. 1993 No. 88
c. 303.223 am. 1993 No. 88
c. 303.421 am. 1993 No. 19
c. 304.223 rep. 1994 No. 38
c. 304.421 am. 1993 No. 19
rs. 1994 No. 38
Subdiv. 304.81 am. 1994 No. 240
c. 305.321 am. 1993 No. 19
c. 305.331 am. 1993 No. 19
c. 305.334 am. 1993 No. 19
c. 305.341 rs. 1993 No. 371
c. 305.811 am. 1994 No. 240
c. 410.421 am. 1993 No. 19
c. 410.711 am. 1993 No. 218
c. 410.721 am. 1993 Nos. 19 and 88
c. 410.811 am. 1994 No. 240
c. 410.822 am. 1994 No. 240
Subdiv. 410.22
Renumbered Subdiv.
411.22 1993 No. 371
c. 411.322 am. 1993 No. 371
c. 411.323 rep. 1994 No. 141
c. 411.421 am. 1993 No. 19
c. 411.711 am. 1993 No. 218
c. 411.721 am. 1993 No. 19
c. 411.724 rep. 1994 No. 141
c. 411.822 am. 1994 No. 240
c. 412.323 rep. 1994 No. 141
c. 412.333
Renumbered
c. 412.333A 1993 No. 88
c. 412.333A rs. 1993 No. 88
c. 412.421 am. 1993 No. 19
c. 412.711 am. 1993 No. 218
c. 412.721 am. 1993 No. 19
c. 412.724 rep. 1994 No. 141
c. 412.811 am. 1994 No. 240
c. 412.822 am. 1994 No. 240
c. 410.734
Renumbered
c. 412.734 1993 No. 88
c. 413.323 rep. 1994 No. 141
c. 413.331 rs. 1993 No. 88
c. 413.335 am. 1993 No. 88
c. 413.421 am. 1993 No. 19
c. 413.711 am. 1993 No. 218
c. 413.721 am. 1993 No. 19
c. 413.724 rep. 1994 No. 141
c. 413.811 am. 1994 No. 240
c. 413.822 am. 1994 No. 240
c. 414.322 rep. 1994 No. 141
c. 414.324 rs. 1993 No. 88
c. 414.335 am. 1993 No. 88
c. 414.421 am. 1993 Nos. 19 and 88
c. 414.711 am. 1993 No. 218
c. 414.721 am. 1993 No. 19
c. 414.724 rep. 1994 No. 141
c. 414.811 am. 1994 No. 240
c. 414.822 am. 1994 No. 240
c. 415.322 am. 1993 No. 88
c. 415.324 rep. 1994 No. 141
c. 415.336 am. 1993 No. 88
c. 415.421 am. 1993 No. 19
c. 415.711 am. 1993 No. 218
c. 415.721 am. 1993 No. 19
c. 415.724 rep. 1994 No. 141
c. 415.811 am. 1994 No. 240
c. 415.822 am. 1994 No. 240
c. 416.322 rep. 1994 No. 141
c. 416.421 am. 1993 No. 19
c. 416.711 am. 1993 No. 218
c. 416.721 am. 1993 No. 19
c. 416.724 rep. 1994 No. 141
c. 416.811 am. 1994 No. 240
c. 416.822 am. 1994 No. 240
c. 417.326 rep. 1994 No. 141
c. 417.335 rs. 1993 No. 19
c. 417.421 am. 1993 No. 19
c. 417.711 am. 1993 No. 218
c. 417.725 rep. 1994 No. 141
c. 417.811 am. 1994 No. 240
c. 417.822 am. 1994 No. 240
c. 418.324 rep. 1994 No. 141
c. 418.333 am. 1993 No. 88
c. 418.336 am. 1993 Nos. 88 and 218
c. 418.421 am. 1993 No. 19
c. 418.711 am. 1993 No. 218
c. 418.721 am. 1993 No. 19
c. 418.724 rep. 1994 No. 141
c. 418.811 am. 1994 No. 240
c. 418.822 am. 1994 No. 240
c. 419.322A ad. 1993 No. 88
c. 419.324 rep. 1994 No. 141
c. 419.421 am. 1993 No. 19
c. 419.711 am. 1993 No. 218
c. 419.721 am. 1993 No. 19
c. 419.724 rep. 1994 No. 141
c. 419.811 am. 1994 No. 240
c. 419.822 am. 1994 No. 240
c. 420.131 am. 1994 No. 38
c. 420.323 rep. 1994 No. 141
c. 420.333 am. 1993 No. 371
c. 420.335 am. 1993 No. 88
c. 420.421 am. 1993 Nos. 19 and 88
c. 420.711 am. 1993 No. 218
c. 420.721 am. 1993 No. 19
c. 420.724 rep. 1994 No. 141
c. 420.811 am. 1994 No. 240
Subdiv. 420.82
(cc. 420.821, 420.821) rep. 1994 No. 240
Subdiv. 420.82
cc. 420.821, 420.822) ad. 1994 No. 240
c. 420. 821 rs.1994 No. 240
c. 420. 821 rep.1994 No. 240
c. 420. 822 ad.1994 No. 240
c. 421.321 am. 1993 Nos. 19 and 88
c. 421.322 rep. 1993 No. 88
c. 421.325 rep. 1994 No. 141
c. 421.335 am. 1993 No. 88
c. 421.336 ad. 1993 No. 88
c. 421.421 am. 1993 No. 19
c. 421.711 am. 1993 No. 218
c. 421.721 am. 1993 No. 19
c. 421.724 rep. 1994 No. 141
c. 421.725 rs. 1993 No. 88
c. 421.811 am. 1993 No. 88; 1994 No. 240
c. 421.822 am. 1993 Nos. 19 and 88; 1994 No. 240
c. 422.325 rep. 1994 No. 141
c. 422.331 am. 1993 No. 88
c. 422.335 am. 1993 No. 88
c. 422.421 am. 1993 No. 19
c. 422.711 am. 1993 No. 218
c. 422.721 am. 1993 No. 19
c. 422.724 rep. 1994 No. 141
c. 422.811 am. 1994 No. 240
c. 422.822 am. 1994 No. 240
c. 423.321 am. 1993 No. 88
c. 423.323 rep. 1994 No. 141
cc. 423.331, 423.332 am. 1993 No. 88
c. 423.338 am. 1993 No. 88
c. 423.421 am. 1993 No. 19
c. 423.711 am. 1993 No. 218
c. 423.721 am. 1993 No. 19
c. 423.724 rep. 1994 No. 141
c. 423.811 am. 1994 No. 240
c. 423.822 am. 1994 No. 240
c. 424.322 am. 1993 No. 19
c. 424.324 rep. 1994 No. 141
c. 424.335 am. 1993 No. 88
c. 424.421 am. 1993 No. 19
c. 424.711 am. 1993 No. 218
c. 424.721 am. 1993 No. 19
c. 424.724 rep. 1994 No. 141
c. 424.725 am. 1993 No. 19
c. 424.731 am. 1993 No. 88
c. 424.811 am. 1994 No. 240
c. 424.822 am. 1994 No. 240
c. 425.322 rep. 1994 No. 141
c. 425.421 am. 1993 No. 19
c. 425.711 am. 1993 No. 218
c. 425.721 am. 1993 No. 19
c. 425.724 rep. 1994 No. 141
c. 425.731 rs. 1994 No. 87
c. 425.822 am. 1994 No. 240
c. 426.325 rep. 1994 No. 141
c. 426.341 am. 1993 No. 19
c. 426.421 am. 1993 No. 19
c. 426.441 am. 1993 No. 19
c. 426.711 am. 1993 No. 218
c. 426.721 rs. 1993 No. 371
c. 426.722 rep. 1994 No. 141
c. 426.731 am. 1993 No. 371
c. 426.741 am. 1993 No. 19
c. 426.811 am. 1994 No. 240
c. 426.822 am. 1994 No. 240
c. 427.327 rep. 1994 No. 141
c. 427.335 am. 1993 No. 88
c. 427.341 am. 1993 No. 19
c. 427.421 am. 1993 No. 19
c. 427.441 am. 1993 No. 19
c. 427.711 am. 1993 No. 218
c. 427.721 am. 1993 No. 19
c. 427.724 rep. 1994 No. 141
c. 427.741 am. 1993 No. 19
c. 427.811 am. 1994 No. 240
c. 427.822 am. 1994 No. 240
Subdiv. 428.12 am. 1993 No. 88
c. 428.321 rs. 1993 No. 88
c. 428.323 rs. 1993 No. 88
c. 428.324 rep. 1994 No. 141
c. 428.335 am. 1993 No. 88
c. 428.421 am. 1993 No. 19
c. 428.711 am. 1993 No. 218
c. 428.721 am. 1993 No. 19
c. 428.724 rep. 1994 No. 141
c. 428.811 am. 1994 No. 240
c. 428.822 am. 1994 No. 240
c. 430.322 rep. 1994 No. 141
c. 430.421 am. 1993 No. 19
c. 430.711 am. 1993 No. 218
c. 430.721 am. 1993 No. 19
c. 430.724 rep. 1994 No.141
c. 430.811 am. 1994 No. 240
c. 430.822 am. 1994 No. 240
c. 432.326 rep. 1994 No. 141
c. 432.331 am. 1993 No. 88
c. 432.421 am. 1993 No. 19
c. 432.711 am. 1993 No. 218
c. 432.721 am. 1993 No. 19
c. 432.724 rep. 1994 No.141
c. 432.811 am. 1994 No. 240
c. 432.822 am. 1994 No. 240
c. 442.321 rep. 1994 No. 141
c. 442.336 ad. 1993 No. 88
c. 442.421 am. 1993 No. 19
c. 442.711 am. 1993 No. 218
c. 442.721 am. 1993 No. 19
c. 442.724 rep. 1994 No.141
c. 442.733 ad. 1993 No. 19
c. 442.733
Renumbered
c. 442.734 1993 No. 88
c. 442.734 rs. 1993 No. 88
c. 442.811 am. 1994 No. 240
c. 442.822 am. 1994 No. 240
Heading to Ch. 2.2 ad. 1993 No. 19
Heading to Part 560
of Ch. 2.2 rs. 1993 No. 19
c. 560.321 am. 1993 No. 19
rep. 1994 No.141
c. 560.322 ad. 1993 No. 309
c. 560.331 rs. 1993 No. 309
am. 1994 No.141
c. 560.332 am. 1993 No. 88
c. 560.334 rs. 1993 No. 19
c. 560.334A ad. 1993 No. 19
c. 560.341 am. 1993 No. 309
Div. 560.4 am. 1993 No. 309
c. 560.421 am. 1993 No. 309
c. 560.441 am. 1993 No. 309
c. 560.721 am. 1993 Nos. 218 and 309
c. 560.732 am. 1993 No. 309
c. 560.741 am. 1993 No. 309
c. 560.811 am. 1994 No. 240
c. 560.822 am. 1994 No. 38; 1994 No. 240
c. 561.321 rep. 1994 No. 141
c. 561.322 ad. 1993 No. 309
c. 561.331 rs. 1993 No. 309
am. 1994 No. 141
c. 561.332 am. 1993 No. 88
c. 561.341 am. 1993 No. 309
c. 561.441 am. 1993 No. 309
c. 561.721 am. 1993 Nos. 218 and 309
c. 561.731 am. 1993 No. 309
c. 561.741 am. 1993 No. 309
c. 561.811 am. 1993 No. 88; 1994 No. 240
c. 561.822 am. 1993 Nos. 88 and 218; 1994 Nos. 38 and
240
Heading to Part 562
of Ch. 2.2 am. 1994 No. 38
Part 562 of Ch. 2.2
(cc. 562.211-562.821) ad. 1993 No. 309
cc. 562.211-562.311 ad. 1993 No. 309
c. 562.321 ad. 1993 No. 309
rep. 1994 No. 141
c. 562.322 ad. 1993 No. 309
c. 562.331 ad. 1993 No. 309
am. 1994 No. 141
cc. 562.332-562.522 ad. 1993 No. 309
Subdiv. 562.81 am. 1993 No. 371
c. 562.811 ad. 1993 No. 371
am. 1994 No. 240
c. 562.821 ad. 1993 No. 309
Heading to Part 563
of Ch. 2.2 am. 1993 No. 371
Part 563 of Ch. 2.2
(cc. 563.131-563.822) ad. 1993 No. 309
cc. 563.131-563.322 ad. 1993 No. 309
c. 563.323 ad. 1993 No. 309
rep. 1994 No. 141
cc. 563.331-563.342 ad. 1993 No. 309
c. 563.411 ad. 1993 No. 309
am. 1993 No. 371
cc. 563.421-563.722 ad. 1993 No. 309
c. 563.723 ad. 1993 No. 309
rep. 1994 No. 141
cc. 563.731-563.742 ad. 1993 No. 309
cc. 563.811, 563.812 ad. 1993 No. 309
am. 1994 No. 240
cc. 563.821, 563.822 ad. 1993 No. 309
Heading to Ch. 2.3 ad. 1993 No. 19
Heading to Part 661
of Ch. 2.3 rs. 1993 No. 19
am. 1993 No. 88
Subdiv. 661.12 am. 1993 No. 371
c. 661.223 am. 1993 No. 371
c. 661.311 am. 1993 No. 371
Subdiv. 661.32 am. 1993 No. 19
c. 661.323 rep. 1993 No. 371
c. 661.332 rs. 1993 No. 371
c. 661.332A ad. 1993 No. 371
c. 661.333 am. 1993 No. 371
c. 661.335 rep. 1993 No. 371
c. 661.341 am. 1994 No. 38
cc. 661.521, 661.522 am. 1993 No. 371
Subdiv. 680.12 rs. 1993 No. 218
c. 680.311 rs. 1993 No. 88
Subdiv. 680.32 am. 1993 No. 19
c. 680.322 rep. 1993 No. 371
c. 680.332 rs. 1993 No. 371
c. 680.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 680.333 am. 1993 No. 19
c. 680.335 rep. 1993 No. 371
c. 680.336 ad. 1993 No. 19
c. 680.341 am. 1994 No. 38
c. 680.411 rs. 1993 No. 88
cc. 680.521, 680.522 am. 1993 No. 218
c. 680.711 rs. 1993 No. 88
am. 1993 No. 283
c. 680.721 am. 1993 No. 371
c. 680.731 am. 1993 No. 371
c. 680.732 am. 1993 No. 88
c. 680.733 rs. 1993 No. 218
c. 680.734 rep. 1993 No. 371
ad. 1994 No. 38
c. 680.735 am. 1993 No. 88
c. 680.737 ad. 1993 No. 19
am. 1993 No. 218
c. 680.738 ad. 1993 No. 88
rs. 1993 No. 371
c. 680.739 ad. 1993 No. 371
c. 680.741 am. 1994 No. 38
c. 680.811 rs. 1993 No. 19
am. 1993 No. 88
c. 680.822 am. 1993 Nos. 88 and 371; 1994 No. 240
Subdiv. 682.12 rs. 1993 No. 218
c. 682.311 rs. 1993 No. 88
Subdiv. 682.32 am. 1993 No. 19
c. 682.332 rs. 1993 No. 371
c. 682.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 682.333 am. 1993 Nos. 19 and 371
c. 682.335 rep. 1993 No. 371
rep. 1993 No. 88
c. 682.341 am. 1994 No. 38
c. 682.411 rs. 1993 No. 88
cc. 682.521, 682.522 am. 1993 No. 218
c. 682.711 rs. 1993 No. 88
am. 1993 No. 283
c. 682.731 am. 1993 No. 371
c. 682.733 rs. 1993 No. 218
c. 682.734 am. 1993 No. 218
rep. 1993 No. 371
ad. 1994 No. 38
c. 682.737 ad. 1993 No. 88
rs. 1993 No. 371
c. 682.738 ad. 1993 No. 371
c. 682.741 am. 1994 No. 38
c. 682.811 rs. 1993 No. 19
am. 1993 No. 88
c. 682.822 am. 1993 Nos. 88 and 371; 1994 No. 240
Subdiv. 683.12 rs. 1993 No. 218
c. 683.311 rs. 1993 No. 88
Subdiv. 683.32 am. 1993 No. 19
c. 683.332 rs. 1993 No. 371
c. 683.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 683.333 am. 1993 Nos. 19 and 371
c. 683.335 rep. 1993 No. 371
c. 683.336 ad. 1993 No. 19
c. 683.341 am. 1994 No. 38
c. 683.411 rs. 1993 No. 88
cc. 683.521, 683.522 am. 1993 No. 218
c. 683.711 rs. 1993 No. 88
am. 1993 No. 283
c. 683.731 am. 1993 No. 371
c. 683.733 rs. 1993 No. 218
c. 683.734 rs. 1993 No. 218
rep. 1993 No. 371
ad. 1994 No. 38
c. 683.737 ad. 1993 No. 19
am. 1993 No. 218
c. 683.738 ad. 1993 No. 88
rs. 1993 No. 371
c. 683.739 ad. 1993 No. 371
c. 683.741 am. 1994 No. 38
c. 683.811 rs. 1993 No. 19
am. 1993 No. 88
c. 683.822 am. 1993 Nos. 88 and 371; 1994 No. 240
Subdiv. 684.12 rs. 1993 No. 218
c. 684.311 rs. 1993 No. 88
Subdiv. 684.32 am. 1993 No. 19
c. 684.321 am. 1993 Nos. 88 and 218
rs. 1993 No. 371
c. 684.332 rs. 1993 No. 371
c. 684.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 684.333 am. 1993 No. 19
c. 684.335 rep. 1993 No. 371
c. 684.336 ad. 1993 No. 19
c. 684.341 am. 1994 No. 38
c. 684.411 rs. 1993 No. 88
cc. 684.521, 684.522 am. 1993 No. 218
c. 684.711 rs. 1993 No. 88
am. 1993 No. 283
c. 684.731 am. 1993 Nos. 88, 218 and 371
c. 684.731A ad. 1994 No. 38
c. 684.734 rs. 1993 No. 371
c. 684.734A ad. 1993 No. 371
c. 684.735 ad. 1993 No. 19
am. 1993 No. 218
c. 684.741 am. 1994 No. 38
c. 684.811 rs. 1993 No. 19
am. 1993 No. 88
c. 684.822 am. 1993 Nos. 88 and 371; 1994 No. 240
Subdiv. 685.12 rs. 1993 No. 218
c. 685.311 rs. 1993 No. 88
Subdiv. 685.32 am. 1993 No. 19
c. 685.321 am. 1993 No. 88
c. 685.332 rs. 1993 No. 371
c. 685.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 685.337 am. 1993 No. 88
c. 685.338 rep. 1993 No. 371
c. 685.341 am. 1994 No. 38
c. 685.411 rs. 1993 No. 88
cc. 685.521, 685.522 am. 1993 No. 218
c. 685.711 rs. 1993 No. 88
am. 1993 No. 283
c. 685.731 am. 1993 No. 371
c. 685.732A ad. 1994 No. 38
c. 685.734 rs. 1993 No. 371
c. 685.735 ad. 1993 No. 371
c. 685.741 am. 1994 No. 38
c. 685.811 rs. 1993 No. 19
am. 1993 No. 88
c. 685.822 am. 1993 Nos. 88 and 371; 1994 No. 240
Heading to Ch. 2.4 ad. 1993 No. 19
Heading to Part 670
of Ch. 2.4 rs. 1993 No. 19
c. 670.311 am. 1993 No. 371
Subdiv. 670.32 am. 1993 No. 19
c. 670.322 rep. 1993 No. 371
c. 670.332 rs. 1993 No. 371
c. 670.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 670.333 am. 1993 No. 19
c. 670.335 rep. 1993 No. 371
c. 670.336 ad. 1993 No. 19
c. 670.341 am. 1994 No. 38
c. 670.711 am. 1993 Nos. 88 and 283
c. 670.721 rs. 1993 No. 218
am. 1993 No. 371
c. 670.724 rep. 1993 No. 371
c. 670.731 am. 1993 No. 371
c. 670.731A ad. 1994 No. 38
c. 670.734 rep. 1993 No. 371
c. 670.735 am. 1993 No. 218
rep. 1993 No. 371
c. 670.736 ad. 1993 No. 19
am. 1993 No. 218
cc. 670.737, 670.738 ad. 1993 No. 218
cc. 670.738A, 670.739 ad. 1993 No. 371
c. 670.741 am. 1994 No. 38
c. 670.811 am. 1993 Nos. 19 and 371
c. 670.822 rs. 1993 No. 371
am. 1994 No. 240
c. 672.311 am. 1993 No. 371
Subdiv. 672.32 am. 1993 No. 19
c. 672.332 rs. 1993 No. 371
c. 672.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 672.333 am. 1993 Nos. 19 and 371
c. 672.335 rep. 1993 No. 371
c. 672.336 ad. 1993 No. 19
rep. 1993 No. 88
c. 672.341 am. 1994 No. 38
c. 672.711 am. 1993 Nos. 88 and 283
c. 672.721 rs. 1993 No. 218
am. 1993 No. 371
c. 670.724
Renumbered c. 672.724 1993 No. 218
c. 672.724 rep. 1993 No. 371
c. 672.731 am. 1993 No. 371
c. 672.731A ad. 1994 No. 38
c. 672.734 rep. 1993 No. 371
c. 672.735 rs. 1993 No. 218
rep. 1993 No. 371
c. 672.736 ad. 1993 No. 19
rep. 1993 No. 88
ad. 1993 No. 218
c. 672.737 ad. 1993 No. 218
cc. 672.738, 672.739 ad. 1993 No. 371
c. 672.741 am. 1994 No. 38
c. 672.811 am. 1993 Nos. 19 and 371
c. 672.822 rs. 1993 No. 371
am. 1994 No. 240
Subdiv. 673.12 am. 1993 No. 88
c. 673.311 am. 1993 No. 371
Subdiv. 673.32 am. 1993 No. 19
c. 673.323 ad. 1993 No. 19
c. 673.332 rs. 1993 No. 371
c. 673.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 673.333 am. 1993 Nos. 19 and 371
c. 673.335 rep. 1993 No. 371
c. 673.336 ad. 1993 No. 19
c. 673.341 am. 1994 No. 38
c. 673.421 am. 1993 No. 88
c. 673.711 am. 1993 Nos. 88 and 283
c. 673.721 rs. 1993 No. 218
am. 1993 No. 371
c. 673.724 rep. 1993 No. 371
c. 673.731 am. 1993 No. 371
c. 673.731A ad. 1994 No. 38
c. 673.734 rep. 1993 No. 371
c. 673.735 ad. 1993 No. 19
am. 1993 No. 218
c. 673.736 rs. 1993 No. 218
rep. 1993 No. 371
cc. 673.737, 673.738 ad. 1993 No. 218
cc. 673.738A, 673.739 ad. 1993 No. 371
c. 673.741 am. 1993 No. 371; 1994 No. 38
c. 673.811 am. 1993 Nos. 19 and 371
c. 673.822 rs. 1993 No. 371
am. 1994 No. 240
c. 674.311 am. 1993 No. 371
Subdiv. 674.32 am. 1993 No. 371
c. 674.321 am. 1993 No. 218
rs. 1993 No. 371
c. 674.332 rs. 1993 No. 371
c. 674.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 674.333 am. 1993 No. 19
c. 674.335 rep. 1993 No. 371
c. 674.336 ad. 1993 No. 19
c. 674.341 am. 1994 No. 38
c. 674.711 am. 1993 Nos. 88 and 283
c. 674.721 rs. 1993 No. 218
am. 1993 No. 371
c. 674.724 rep. 1993 No. 371
c. 674.731 am. 1993 No. 371
c. 674.731A ad. 1994 No. 38
c. 674.732 am. 1993 No. 371
c. 674.734 rep. 1993 No. 371
c. 674.735 rs. 1993 No. 218
rep. 1993 No. 371
c. 674.736 ad. 1993 No. 19
am. 1993 No. 218
cc. 674.737, 674.738 ad. 1993 No. 218
cc. 674.738A, 674.739 ad. 1993 No. 371
c. 674.741 am. 1994 No. 38
c. 674.811 am. 1993 Nos. 19 and 371
c. 674.822 rs. 1993 No. 371
am. 1994 No. 240
c. 675.311 am. 1993 No. 371
c. 675.321 am. 1993 No. 88
c. 675.332 rs. 1993 No. 371
c. 675.332A ad. 1993 No. 371
rep. 1994 No. 141
c. 675.336 am. 1993 No. 88
c. 675.337 am. 1993 No. 371
c. 675.338 rep. 1993 No. 371
c. 675.341 am. 1994 No. 38
c. 675.711 am. 1993 Nos. 88 and 283
c. 675.721 rs. 1993 No. 218
am. 1993 No. 371
c. 675.724 rep. 1993 No. 371
c. 675.731 am. 1993 No. 371
c. 675.731A ad. 1994 No. 38
c. 675.733 rep. 1993 No. 371
c. 675.734 ad. 1993 No. 218
c. 675.735 ad. 1993 No. 218
rs. 1993 No. 371
c. 675.736 ad. 1993 No. 371
c. 675.741 am. 1994 No. 38
c. 675.811 am. 1993 Nos. 19 and 371
c. 675.822 rs. 1993 No. 371
am. 1994 No. 240
Heading to Ch. 2.5 ad. 1993 No. 19
Heading to Part 820
of Ch. 2.5 rs. 1993 No. 19
c. 820.321 am. 1993 No. 218
Subdiv. 820.34
(cc. 820.341, 820.342) rs. 1991 No. 141
c. 820.341 rs. 1994 Nos. 38, 87 and 141
c. 820.342 rs. 1991 No. 141
c. 820.441 rs. 1994 No. 38
c. 820.521 rs. 1993 No. 88
c. 820.711 am. 1994 No. 38
c. 820.721 am. 1993 Nos. 88 and 218; 1994 No. 87
c. 820.731 am. 1993 Nos. 88 and 218
c. 820.732 am. 1993 No. 19
c. 820.741 rs. 1994 No. 38
cc. 820.811, 820.812 am. 1994 No. 240
c. 820.821 rs. 1993 No. 88
c. 820.822 am. 1994 Nos. 38 and 240
c. 826.221 am. 1993 No. 19
c. 826.321 am. 1993 No. 218
c. 826.341 rs. 1994 No. 38
Subdiv. 826.43
(c. 826.431) ad. 1994 No. 38
c. 826.431 ad. 1994 No. 38
Subdiv. 826.44
(c. 826.441) ad. 1994 No. 38
c. 826.441 ad. 1994 No. 38
Div. 826.5
(cc. 826.511, 826.521) ad. 1993 No. 19
c. 826.511 ad. 1993 No. 19
c. 826.521 ad. 1993 No. 19
rs. 1993 No. 88
c. 826.711 am. 1994 No. 38
c. 826.722 am. 1993 Nos. 19 and 88; 1994 No. 87
c. 826.731 am. 1993 No. 19; 1994 No. 38
c. 826.741 rs. 1994 No. 38
cc. 826.811, 826.812 am. 1994 No. 240
c. 826.821 rs. 1993 No. 88
c. 826.822 rs. 1993 No. 88
am. 1994 Nos. 38 and 240
Heading to Ch. 2.6 ad. 1993 No. 19
Heading to Part 435
of Ch. 2.6 rs. 1993 No. 19
c. 435.521 am. 1993 Nos. 19, 218 and 363; 1994 No. 240
c. 435.711 am. 1993 No. 88
c. 435.723 am. 1993 No. 19
rs. 1993 No. 218
am. 1993 No. 363; 1994 No. 240
c. 435.732 am. 1993 No. 88
c. 437.322 am. 1993 No. 19
Div. 437.5
(c. 437.511) rs. 1994 No. 11
c. 437.511 rs. 1994 No. 11
Div. 437.6 rs. 1994 No. 11
Div. 437.7
(cc. 437.711-437.742) rs. 1994 No. 11
c. 437.711 rs. 1994 No. 11
c. 437.721 am. 1993 No. 19
rs. 1994 No. 11
c. 437.722 rs. 1994 No. 11
c. 437.723 rs. 1993 No. 19; 1994 No. 11
cc. 437.732-437.742 rs. 1994 No. 11
Div. 437.8
(cc. 437.811-437.822) rs. 1994 No. 11
cc. 437.811-437.822 rs. 1994 No. 11
Subdiv. 443.12 am. 1993 No. 88
c. 443.521 am. 1993 Nos. 19, 218 and 363; 1994 No. 240
c. 443.711 am. 1993 No. 88
c. 443.723 am. 1993 No. 19
rs. 1993 No. 218
am. 1993 No. 363; 1994 No. 240
c. 443.731 am. 1993 No. 88
c. 490.735 rs. 1993 No. 88
c. 784.131 am. 1993 Nos. 19 and 88
cc. 784.211, 784.221 am. 1994 No. 11
c. 784.311 am. 1993 Nos. 19 and 218; 1994 No. 11
c. 784.321 am. 1993 No. 19
c. 784.411 am. 1993 No. 88
c. 784.511 am. 1993 Nos. 19 and 88; 1994 No. 11
c. 784.521 rs. 1994 No. 11
c. 784.711 am. 1994 No. 11
c. 784.735 ad. 1993 No. 19
Part 827 of Ch. 2.6
(cc. 827.511-827.742) ad. 1993 No. 19
cc. 827.511-827.742 ad. 1993 No. 19
Heading to Ch. 2.7 ad. 1993 No. 19
Heading to Part 159
of Ch. 2.7 rs. 1993 No. 19
c. 159.811 am. 1994 No. 240
Subdiv. 300.12 am. 1993 Nos. 88 and 371
Subdiv. 300.22
(cc. 300.221, 300.222) am. 1993 Nos. 19 and 88
cc. 300.221, 300.222 am. 1993 Nos. 19 and 88
c. 300.335 am. 1993 No. 371
c. 300.336 am. 1994 No. 38
c. 300.337 am. 1993 No. 19
c. 300.432 rs. 1993 No. 19
c. 300.441 rs. 1993 No. 19
Subdiv. 300.52 am. 1993 No. 19
Div. 300.7 am. 1993 No. 371
c. 300.721 am. 1993 No. 19
c. 300.722 rs. 1993 No. 19
c. 300.724 ad. 1993 No. 19
c. 300.811 am. 1993 No. 253; 1994 No. 240
Subdiv. 300.82 am. 1993 No. 19
rep. 1993 No. 88
Subdiv. 300.82
(cc. 300.821, 300.822) ad. 1993 No. 88
c. 300.821 ad. 1993 No. 88
c. 300.822 ad. 1993 No. 88
am. 1994 No. 240
Heading to Part 301
of Ch. 2.7 am. 1993 No. 19
Subdiv. 301.12 am. 1993 No. 19
c. 301.211 am. 1993 No. 88
c. 301.311 am. 1993 No. 218
c. 301.822 am. 1994 No. 240
c. 302.311 am. 1993 No. 218
c. 302.322 am. 1993 No. 88
c. 302.711 am. 1993 No. 88
c. 302.822 am. 1994 No. 240
Heading to Ch. 2.8 ad. 1993 No. 19
Heading to Part 771
of Ch. 2.8 rs. 1993 No. 19
cc. 711.221, 711.222 am. 1993 No. 218
c. 771.322 am. 1993 No. 371
c. 771.332 am. 1993 No. 371
c. 771.334 rs. 1993 No. 88
c. 771.341 am. 1993 No. 19
rs. 1993 No. 88
am. 1993 No. 88
cc. 771.321, 771.322
Renumbered
cc. 773.321, 773.322 1993 No. 19
cc. 773.321, 773.322 rs. 1993 No. 19
c. 773.323 am. 1993 Nos. 19, 218 and 371
c. 773.333 rs. 1993 No. 88
Part 774 of Ch. 2.8
(cc. 774.131-774.742) ad. 1993 No. 235
cc. 774.131-774.742 ad. 1993 No. 235
Part 775 of Ch. 2.8
(cc. 775.211-775.742) ad. 1994 No. 39
cc. 775.211-775.336 ad. 1994 No. 39
c. 775.341 ad. 1994 No. 39
am. 1994 No. 87
cc. 775.342-775.742 ad. 1994 No. 39
c. 828.411 am. 1993 No. 88
c. 828.421 am. 1993 No. 88
c. 828.441 am. 1993 No. 19
c. 828.721 rs. 1993 No. 19
c. 828.741
Subdiv. 828.81 am. 1994 No. 240
am. 1993 No. 19
c. 829.131 am. 1993 Nos. 19 and 88
Subdiv. 829.41 am. 1993 No. 283
c. 829.411 am. 1993 No. 88
rs. 1993 No. 283
c. 829.421 rs. 1993 No. 88
c. 829.442 rs. 1993 No. 283
Subdiv. 829.52 rep. 1993 No. 283
Subdiv. 829.52
(c. 829.521) ad. 1993 No. 283
c. 829.521 ad. 1993 No. 283
Div. 829.7 am. 1993 No. 19
Subdiv. 829.71 am. 1993 Nos. 19 and 88
rs. 1993 No. 218
rep. 1993 No. 283
Subdiv. 829.71
(cc. 829.711, 829.712) ad. 1993 No. 283
cc. 829.711, 829.712 rep. 1993 No. 19
ad. 1993 No. 283
c. 829.723 am. 1993 No. 283
c. 829.731 am. 1993 Nos. 19, 218 and 283
c. 829.732 rep. 1993 No. 19
c. 829.733 am. 1993 No. 19
c. 829.742 rs. 1993 No. 283
Subdiv. 829.81 rep. 1993 No. 283
Subdiv. 829.81
(c. 829.811) ad. 1993 No. 283
c. 829.811 ad. 1993 No. 283
am. 1994 No. 240
Heading to Part 830
of Ch. 2.8 rs. 1994 No. 87
Part 830 of Ch. 2.8
(cc. 830.131-830.736) ad. 1994 No. 11
c. 830.131 ad. 1994 No. 11
Div. 830.2-4 ad. 1994 No. 11
rep. 1994 No. 87
Div. 830.2
(c. 830.211) ad. 1994 No. 87
c. 830.211 ad. 1994 No. 87
Div. 830.3 ad. 1994 No. 87
Div. 830.4
(cc. 830.411-830.442) ad. 1994 No. 87
cc. 830.411-830.442 ad. 1994 No. 87
cc. 830.511, 830.521 ad. 1994 No. 11
rs. 1994 No. 87
Subdiv. 830.6 ad. 1994 No. 11
rs. 1994 No. 87
c. 830.711 ad. 1994 No. 11
rs. 1994 No. 87
c. 830.721 ad. 1994 No. 11
c. 830.731 ad. 1994 No. 11
rs. 1994 No. 87
c. 830.732 ad. 1994 No. 11
am. 1994 No. 87
cc. 830.733-830.736 ad. 1994 No. 11
Subdiv. 830.81 ad. 1994 No. 11
rep. 1994 No. 87
Subdiv. 830.81
(c. 830.811) ad. 1994 No. 87
c. 830.811 ad. 1994 No. 87
Schedule 3
c. 011.322 am. 1993 No. 371
c. 011.334A ad. 1993 No. 371
c. 012.711 am. 1993 Nos. 88 and 371
c. 012.732A ad. 1993 No. 371
Heading to Part 013
of Sch. 3 am. 1994 No. 11
Subdiv. 013.11 am. 1994 No. 11
Div. 013.2 am. 1994 No. 11
Div. 013.3 am. 1994 No. 11
c. 013.322 rs. 1993 No. 371
c. 013.323 ad. 1993 No. 371
c. 013.331A ad. 1993 No. 371
c. 013.333 am. 1993 Nos. 88, 169 and 218
c. 013.334 am. 1993 No. 88
c. 013.336 ad. 1993 No. 363
Div. 013.4 am. 1994 No. 11
Div. 013.5 am. 1994 No. 11
Div. 013.6 am. 1994 No. 11
Div. 013.7 am. 1994 No. 11
Part 015 of Sch. 3
(cc. 015.121-015.733) ad. 1994 No. 11
cc. 015.121-015.733 ad. 1994 No. 11
c. 021.311 am. 1993 No. 371
c. 021.332 am. 1993 No. 19
c. 021.337 rs. 1993 No. 19
c. 021.338 rep. 1993 No. 19
c. 021.341 am. 1993 Nos. 19 and 88
c. 021.411 am. 1993 No. 371
c. 021.433 am. 1993 No. 88
c. 021.441 am. 1993 Nos. 19 and 88
c. 021.732 am. 1993 No. 371
c. 021.733 am. 1993 No. 19
c. 021.336
Renumbered c. 021.736 1993 No. 19
c. 021.738 rep. 1993 No. 19
c. 021.741 am. 1993 Nos. 19 and 88
Subdiv. 022.11 am. 1993 No. 309
c. 022.121 am. 1993 No. 88
c. 022.132
Renumbered c. 022.122 1993 No. 371
c. 022. 211 am. 1993 No. 309
Div. 022.3 am. 1993 No. 309
c. 022.311 am. 1993 Nos. 88 and 309
c. 022.323 am. 1993 No. 19
rep. 1994 No. 141
c. 022.333 am. 1993 No. 88
c. 022.336 am. 1993 No. 19
c. 022.336A ad. 1993 No. 19
c. 022.341 am. 1993 No. 371
Div. 022.4 am. 1993 No. 309
c. 022. 411 am. 1993 No. 309
c. 022.441 am. 1993 No. 371
c. 022.511 am. 1993 No. 309
c. 022.521 am. 1993 No. 309
Div. 022.7 am. 1993 No. 309
c. 022.711 am. 1993 No. 309
c. 022.723 am. 1993 No. 19
rep. 1994 No. 141
c. 022.732 am. 1993 No. 309
c. 022.741 am. 1993 Nos. 88 and 371
Part 025 of Schedule 3
(cc. 025.121-025.822) rep. 1993 No. 19
cc. 025.121-025.822 rep. 1993 No. 19
Subdiv. 027.22 am. 1993 No. 19
c. 027.221 ad. 1993 No. 19
am. 1993 No. 88
c. 027.322 ad. 1993 No. 19
c. 027.332 am. 1994 No. 38
c. 027.337 am. 1993 Nos. 19 and 88
cc. 027.338, 027.339 ad. 1993 No. 19
c. 027.432 rs. 1993 No. 19
c. 027.441 am. 1993 Nos. 19 and 88
Div. 027.7 am. 1993 No. 371
c. 027.741 am. 1993 No. 19
Schedule 4 am. 1993 Nos. 19, 88 and 371; 1994 Nos. 38
and 87
Schedule 5 am. 1993 Nos. 19, 88 and 371; 1994 No. 38
Schedule 6 am. 1993 Nos. 88 and 371
Schedule 6.1 ad. 1994 No. 11
Schedule 7 am. 1993 Nos. 88 and 309; 1994 No. 141
Schedule 8 am. 1993 Nos. 19, 88 and 235
rs. 1994 No. 240
Schedule 9 am. 1993 Nos. 19, 88, 309 and 371; 1994 No.
38
Schedule 10 rs. 1993 No. 235
am. 1993 No. 283
rs. 1994 No. 38
rep. 1994 No. 240
Schedule 11 am. 1993 Nos. 88 and 218
Schedule 12 am. 1993 Nos. 19 and 88
MIGRATION (1993) REGULATIONS - READER'S GUIDE READER
SYNOPSIS
READER'S GUIDE
INDEXES:
Numerical index of visa and entry permit classes
Alphabetical index of visa and entry permit classes
Defined terms
TABLE OF PROVISIONS
MIGRATION (1993) REGULATIONS:
Part 1 - Preliminary
Part 2 - Visas and entry permits
Part 2A - Determination of Refugee Status
Part 3 - Collection of information: persons on vessels
Part 4 - Procedure of Commissioners and prescribed authorities
Part 5 - Assurances of support
Part 6 - Migrant centres
Part 7 - Miscellaneous
Part 8 - Repeal and saving provisions
Schedule 1 - Classification of visas and entry permits
Schedule 2 - Provisions with respect to the grant of individual
classes of visas and entry permits to primary persons
Schedule 3 - Provisions with respect to the grant of visas and entry
permits included in certain groups to secondary persons
Schedule 4 - Public interest criteria
Schedule 5 - Special re-entry criteria
Schedule 6 - Illegal entrant criteria
Schedule 6.1 - Requirements for a business for the purposes of
subclause 816.721 (3)
Schedule 7 - General points test - qualifications and points
Schedule 8 - Business skills points test - attributes and points
Schedule 9 - Visa and entry permit conditions
Schedule 10 - Amounts of fees in certain currencies
Schedule 11 - Prescribed forms
Schedule 12 - Repealed statutory rules
READER'S GUIDE
WARNING: THIS GUIDE IS NOT A SUBSTITUTE FOR THE REGULATIONS.
IT DOES NOT HAVE THE FORCE OF LAW.
The Guide has been prepared by the Department of Immigration and Ethnic Affairs (DIEA) as a general guide to using the Regulations. It is not part of the Regulations.
1: INTRODUCTION
1.1 Most people using these Regulations will want to find out whether they, or some other person, can be granted a visa to travel to Australia or permission to remain in Australia. The main purpose of this Guide, therefore, is to help you find your way around the Regulations with those particular questions in mind. The Guide does not cover areas of the Regulations that deal with other matters.
1.2 The Guide provides information under the following headings:
This introduction (Section 1)
. A general description of the contents of the Regulations with particular emphasis on the requirements for visas and entry permits (Section 2)
. A brief explanation of the different meanings of the terms "arriving in Australia" and "entering Australia" (Section 3)
. A brief explanation of the meaning of the terms "leaving" and "departing" Australia (Section 4)
. An overview of Australia's system of visas and entry permits (Section 5)
. How the Regulations affect certain situations (Section 6), namely:
- applying in Australia for permanent residence;
- extension of temporary stay in Australia;
- non-citizens leaving and returning to Australia; and
- granting of entry permits in Australia to illegal entrants.
1.3 These Regulations replace the Migration Regulations made in December 1989 and are in an entirely new format. This format was developed to ensure that, unlike the 1989 Regulations, all the requirements (called "criteria") for the grant of a particular Class of visa or entry permit are listed in one place, whether in specific terms or by clear reference to another place in the Regulations.
1.4 Although these Regulations are more simply structured than the 1989 Regulations, they still deal with a complicated area of law. This Guide tries to describe the Regulations in a straightforward way without reference to the more obscure or intricate provisions. As stated at the beginning of the Guide, the Guide is not a substitute for the Regulations and does not have the force of law.
1.5 If you wish to obtain more information concerning Australia's visa and entry permit requirements, you can also refer to a range of specialised DIEA publications available at all DIEA offices.
1.6 In particular, you can consult the DIEA Procedures Advice Manual (PAM). This manual provides policy guidance in interpreting criteria in the Regulations for the grant of visas and entry permits which call for a degree of subjective assessment.
1.7 The terms used generally in the Regulations are defined in Part 1 of the Regulations.
1.8 A list of defined terms has been provided in the Indexes following this Guide to tell you exactly where a term is defined. This list covers terms defined in the Migration Act 1958 as well as in the Regulations. Alphabetical and numerical indexes of visa and entry permit Classes have also been provided.
1.9 Notes are to be found in Schedules 2 and 3. These notes are included to help you understand the purpose of certain provisions and to provide cross references to the Migration Act and other parts of the Regulations.
2: GENERAL DESCRIPTION OF CONTENTS OF REGULATIONS
NOTE: 1. If you do not understand the technical meanings of the terms "arriving in Australia", " entering Australia" and "departing Australia", you should read Sections 3 and 4 of this Guide.
2. If you do not understand the meaning of, and differences between, visas and entry permits, you should read Section 5.
2.1 These Regulations deal with a variety of matters proceeding from the Migration Act. These matters relate to the system laid down by the Act for controlling in the national interest the coming into, and presence in, Australia of people who are not Australian citizens ("non-citizens"). Accordingly, the great bulk of the Regulations is concerned with the requirements to be met by applicants for the grant of visas and entry permits.
2.2 The Regulations are divided into eight Parts and twelve Schedules. The reader who wants to know about someone's eligibility for the grant of a visa or entry permit will find that Schedules 1, 2 and 3 provide the most useful place to start using the Regulations.
2.3 A brief description of each Part and Schedule follows.
Part 1 - Preliminary:
This contains an extensive list of Interpretation provisions. These are phrases (or single words) which are given a specific meaning by the Regulations. Wherever these appear within the Regulations they have that meaning - unless in any particular regulation another meaning is specifically given to the word or phrase. To understand the Regulations you must keep these meanings in mind.
Part 2 - Visas and Entry Permits:
This contains general provisions about visas and entry permits. In particular, this Part links the provisions for visas and entry permits in the Migration Act with the scheme for granting visas and entry permits in the Regulations.
It also deals with general matters such as the lodging of applications for visas and entry permits and the effect and operation of visas and entry permits generally. This Part does not deal with specific Classes of visas and entry permits.
Part 3 - Collection of information with respect to persons on vessels:
A Part not about visas and entry permits. It sets out the regulations governing the collection and use of information which must be provided about individuals entering and leaving Australia.
Part 4 - Procedure of Commissioners and Prescribed Authorities:
A Part not about visas and entry permits. It sets out the regulations governing procedures about witnesses summoned by a Commissioner appointed under subsection 57 (4) of the Migration Act.
Part 5 - Assurances of Support:
This Part is about the form and effect of Assurances of Support. Assurances of Support may be required for the grant of some Classes of visas and entry permits. This Part does not say whether an Assurance of Support will be required in a specific application for a visa or entry permit. That is found in the appropriate part of Schedule 2 or 3.
Part 6 - Migrant Centres:
A Part not about visas and entry permits. It sets out regulations relating to the control of migrant centres.
Part 7 - Miscellaneous:
As the name suggests, this Part contains a variety of provisions, some of which - such as fees - are relevant in a general way to visas and entry permits.
Part 8 - Repeal and Saving Provisions:
This Part repeals the Migration Regulations made in December 1989 and includes a saving provision to deal with applications already made under the repealed Regulations.
Schedule 1 - Classification of Visas and Entry Permits:
This Schedule lists every Class of visa and entry permit, dividing them, first, into those allowing for permanent entry or stay, followed by those allowing for temporary entry or stay.
There are no visa or entry permit Classes other than those in this list. Unless a person qualifies for one of these Classes, there is no other provision under which they can apply.
The two parts of the Schedule are each broken down further - into four Groups in the permanent part, and eight Groups in the temporary part. (See below for a further description of the twelve Groups.)
For each Class of visa and entry permit, the Schedule gives the Class title and the Class number for that visa or entry permit Class. It also shows whether secondary persons (mainly, family unit members) can be joined with the primary person's application (see Schedule 3 for more about secondary persons).
Schedule 1 serves mainly as a linkage between Part 2 and Schedules 2 and 3.
The twelve Groups of visas and entry permits
1.1 Migrant Group
This Group comprises the visa and entry permit Classes which may be applied for by people outside Australia wishing to settle in Australia on a permanent basis. It includes the Classes for relatives of Australian citizens and permanent residents and those for people with business and other skills. It does not include the Classes for those people wishing to settle permanently in Australia who are either applying on refugee or humanitarian grounds (see Group 1.3), or who must first pass through a provisional period of stay (see Group 2.7).
1.2 Permanent resident (after entry) Group This Group comprises the visa and entry permit Classes which may be applied for by people already in Australia on a temporary basis who wish to remain as permanent residents.
Before people can be granted any of these, they must hold a temporary entry permit or entry visa valid for the purposes of section 47 of the Migration Act. (See also Group 2.5.)
1.3 Permanent resident (refugee and humanitarian) Group
This Group comprises the visa and entry permit Classes which may be applied for by people outside Australia wishing to settle in Australia on a permanent basis because of refugee or humanitarian grounds.
1.4 Resident return (permanent entry) Group
This Group comprises the visa and entry permit Classes which may be applied for, either in Australia before departure or outside Australia after departure, by former permanent residents of Australia who wish to return and live in Australia as permanent residents again.
2.1 Temporary resident Group
This Group comprises the visa and entry permit Classes which may be applied for by people wishing to enter, re-enter or remain in Australia on a temporary basis for a limited period. These Classes cover a variety of purposes of stay, mainly related to work, cultural or social activities, but not purposes covered by the student or visitor Groups (see Groups 2.2, 2.3 and 2.4).
2.2 Student Group This Group comprises the visa and entry permit Classes which may be applied for by people wishing to enter, re-enter or remain in Australia on a temporary basis for a limited period for the purpose of study in Australia.
2.3 Visitor Group
This Group comprises the visa and entry permit Classes which may be applied for by people wishing to enter, re-enter or remain in Australia on a temporary basis for a limited period of more than 3 months for purposes of tourism, visiting friends or relatives, conducting business of a limited nature or for medical treatment.
2.4 Visitor (short stay) Group
This Group comprises the visa and entry permit Classes that may be applied for by people wishing to enter, re-enter or remain in Australia on a temporary basis for a limited period of 3 months or less for purposes of tourism, visiting friends or relatives, conducting business of a limited nature or for medical treatment.
2.5 Extended eligibility Group
This Group comprises the visa and entry permit Classes that must be applied for by people wishing to be granted permanent residence in Australia on the grounds of either being the spouse of, or in an interdependent relationship with, an Australian citizen or permanent resident but who do not already hold an entry permit valid for the purposes of section 47 of the Migration Act.
2.6 Refugee and humanitarian (temporary entry) Group
This Group comprises the visa and entry permit Classes that may be applied for by people already in Australia who wish to continue their stay on refugee or humanitarian grounds. These Classes provide for temporary residence.
2.7 Provisional Group
This Group comprises the visa and entry permit Classes that may be applied for by people outside Australia seeking to settle in Australia on a permanent basis but who can only meet certain requirements after entering Australia. These Classes provide for temporary residence at first, with permanent residence being granted by means of a confirmatory entry permit in Group 1.2 after satisfying the requirements to be met in Australia.
Failure to satisfy these requirements means that the person must leave Australia.
2.8 Miscellaneous Group
This Group comprises the visa and entry permit Classes that may be applied for under special conditions by people:
. seeking entry at the Australian border who do not hold a visa (border visa and entry permit);
. needing to pass through Australia to another country (transit visa and entry permit);
. whose current entry permit or entry visa may expire while an application for another remains undecided (processing visa and entry permit).
Schedule 2 - Provisions about the grant of individual Classes of visas and entry permits (primary persons):
This Schedule is the core of the Regulations as far as visas and entry permits are concerned. It sets down the criteria which must be satisfied in each visa and entry permit Class before a primary person (see below) can be granted that visa or entry permit. The Schedule contains all the Classes of visas and entry permits available. If an applicant cannot satisfy all the criteria for any Class applied for, then the application for that Class must be refused. (However, certain decisions to refuse an application may be appealed under the Migration (Review) Regulations.)
The Regulations distinguish between two types of applicant: primary persons, who must satisfy the criteria in this Schedule; and secondary persons, who must satisfy the criteria in Schedule 3.
Primary persons are those who are granted a visa or entry permit in their own right, and secondary persons are those who are granted the visa or entry permit on the "coat-tails" of the primary person . Secondary persons broadly correspond to dependants or other family unit members of the primary person and need to satisfy fewer requirements.
Schedule 2 is divided into Parts. Each Part sets out the criteria which must be met by a person applying as a primary person for the grant of the particular Class of visa or entry permit. The Parts are arranged in numerical order within each Group, according to each visa and entry permit Class number. Each provision in each Part shows the particular Class number for easy reference.
The following table shows the way each of the Parts in Schedule 2 is set out. The left column shows the divisions in general terms, with Y instead of the title of a visa or entry permit and xxx instead of the number. The right column shows a specific example, i.e., the Exchange visa and entry permit, which has the Class number 411.
PART xxx - CLASS xxx (Y) VISA AND
ENTRY PERMIT PART 411 - CLASS 411 (EXCHANGE)
VISA AND ENTRY PERMIT
xxx. 1 - Introduction 411.1 - Introduction
xxx. 2 - Y Visa - Preliminary 411.2 - Exchange Visa - Preliminary
xxx. 3 - Y Visa - deals with the
grant of visa before
entry ie applicant is
overseas 411.3 - Exchange Visa - deals with
the grant of visa before
entry i.e., applicant is
overseas
xxx. 4 - Y Visa - deals with the
grant of visa after entry
into Australia 411.4 - Exchange Visa - deals with
the grant of visa after
entry into Australia
xxx. 5 - Y Entry Permit -
Preliminary 411.5 - Exchange Entry Permit -
Preliminary
xxx. 6 - Y Entry Permit - deals
with the grant of entry
permit before entry i.e.,
on arrival in Australia 411.6 - Exchange Entry Permit -
deals with the grant of
entry permit before entry
i.e., on arrival in
Australia
xxx. 7 - Y Entry Permit - deals
with the grant of entry
permit after entry 411.7 - Exchange Entry Permit -
deals with the grant of
entry permit after entry
xxx. 8 - Fees 411.8 - Fees
Schedule 3 - Provisions about the grant of individual Classes of visas and entry permits (secondary persons):
The criteria for secondary persons are generally the same across whole Groups of Classes. Therefore, unlike Schedule 2, each Part of Schedule 3 deals with a Group of Classes rather than just one Class. Otherwise, each Part of Schedule 3 is set out in the same manner as those in Schedule 2.
Note that not all Classes of visas and entry permits have provision for secondary persons. In some Groups, such as visitors, all applicants, whether adult or child, are required to meet all the Class criteria set out in Schedule 2.
Schedule 4 - Public Interest Criteria:
The public interest criteria include matters such as character, health and overstay potential. These criteria have been set so that any non- citizen wishing to enter Australia must meet certain general standards in accord with the national interest of the Australian community. These criteria apply whether the non-citizen wishes to enter Australia for a long or short stay.
Each criterion in the Schedule has a clause number. In the individual Parts of Schedules 2 and 3 any public interest criterion that applies to the visa or entry permit in question is identified by reference to its clause number in this Schedule.
Schedule 5 - Special Re-entry Criteria:
This Schedule sets out the additional requirements to be met by certain persons (mainly those who were deported from Australia or who before they left Australia were illegal entrants or had contravened a condition of their temporary entry permit) before they can be granted an entry permit.
Each criterion in the Schedule has a clause number. In the individual Parts of Schedules 2 and 3 any special re-entry criterion that applies to the visa or entry permit in question is identified by reference to its clause number in this Schedule.
Schedule 6 - Illegal Entrant Criteria:
This Schedule sets out the general criteria which must be met by an illegal entrant for the grant of an entry permit. Each criterion in the Schedule is given a clause number.
In the individual parts of Schedules 2 and 3 any illegal entrant criterion that applies to the visa or entry permit in question is identified by reference to its clause number in this Schedule.
Schedule 7 - General Points Test - Qualifications and Points:
A Class 105 (Concessional Family) or a Class 126 (Independent) visa cannot be granted to a primary person unless they score a certain number of points when assessed against a points test. This Schedule sets out the details of that points test.
Schedule 8 - Business Skills Points Test - Attributes and Points:
A Class 127 (Business Skills) or a Class 128 (Business Skills (Senior Executive)) visa cannot be granted to a primary person unless they score a certain number of points when assessed against a points test. This Schedule sets out the details of that points test.
Schedule 9 - Visa and Entry Permit Conditions:
This Schedule sets out all the conditions which may be imposed on visas and entry permits. (See also 5.3 below for further information on conditions.) The Schedule sets out the conditions in two Parts, the first listing those which are terminating and the second those which are not terminating.
If a person fails to comply with a terminating condition on their visa or entry permit, the visa or entry permit will, under certain conditions, automatically cease to be in force and they become an illegal entrant. (See 5.3.3 below for an explanation of terminating conditions.) If a person fails to comply with a non-terminating condition, this could be grounds for cancellation of the visa or entry permit.
Each condition in the Schedule is identified by a clause number. In the individual Parts of Schedules 2 and 3 any condition that applies to the visa or entry permit in question is identified by reference to its clause number in this Schedule.
Schedule 10 - Amounts of Fees in Certain Currencies:
Wherever fees are mentioned elsewhere in the Regulations, the amounts are stated in Australian currency. Regulation 7.25 in Part 8 (Miscellaneous) provides for payment in currency of certain foreign countries to be made in amounts found from this Schedule.
Schedule 11 - Prescribed Forms:
This Schedule contains forms of notices, warrants, etc., used under the Regulations (generally in Part 8 (Miscellaneous)). It is not concerned with the forms for application for visas or entry permits.
Schedule 12 - Repealed Statutory Rules:
This Schedule specifies the Statutory Rules that have been repealed.
3: "ENTERING" AUSTRALIA AND "ARRIVING IN" AUSTRALIA
3.1 It is essential in using the Regulations to understand that there is a difference between "arriving in" and "entering" Australia. "Arriving" occurs first. A person "arrives in" Australia when they actually become physically present on Australian soil, e.g., when they step off an aircraft or disembark from a boat, but before they have been cleared by immigration authorities.
3.2 "Entering" happens once the person has been cleared by the immigration authorities at the Entry Control Point to leave the airport, or the point of disembarkation, for another place in Australia and they leave for this place.
3.3 Most people arrive and then enter. It can be seen, however, that it is possible for a person to arrive in Australia but not to enter Australia, if not given clearance to enter.
4: "DEPARTING FROM" OR "LEAVING" AUSTRALIA
4.1 In general, a person is deemed to have left (or departed from (either term may be used)) Australia only when they have gone outside Australia's territorial waters. (See subsection 4 (8) of the Migration Act.)
4.2 Once a person has left (or departed from) Australia then any entry permit stops being in force and no longer exists. (See 5.2 below for more details.)
5: A SIMPLIFIED OVERVIEW OF AUSTRALIA'S SYSTEM OF VISAS AND ENTRY PERMITS
5.1: VISAS
5.1.1 Every person who is not an Australian citizen (i.e., a "non-citizen") must have a visa to travel to Australia. (There are a few exceptions to this rule relating in the main to New Zealand citizens, and to very specialised forms of entry to Australia, determined by governmental arrangements.)
5.1.2 A visa is an indication to the carrier (e.g., an airline) bringing the holder of that visa to Australia, that, most probably, the holder will be allowed to enter Australia on arrival. The visa is necessary irrespective of whether that person has been in Australia previously, even as a permanent resident. So for all journeys to Australia, including return journeys, a non-citizen needs a valid visa.
5.1.3 A guarantee of entry is not given because, when the non-citizen
arrives in Australia, the visa they are holding could be cancelled and they could be refused entry to Australia. This could happen if, for example, it was discovered during routine questioning at the Entry Control Point that the holder of the visa had concealed a serious matter that, if known about earlier, would have resulted in refusal to grant the visa (say, a serious criminal record).
5.1.4 There are many Classes of visas, and people apply for the Class which best suits their purpose in coming, or returning, to Australia.
5.1.5 To be granted a visa, of whatever Class, the applicant must meet the criteria prescribed in the Migration Regulations for that visa. (These criteria are set out in Schedules 2 and 3 of these Regulations.)
5.1.6 If the applicant meets those criteria the visa is granted and the evidence, i.e., the physical visa document, is usually placed in the applicant's passport or other travel document. Records are made of all visas issued.
5.1.7 That visa may be either:
. a travel-only visa; or
. an entry visa.
5.1.8 As noted earlier, it is important to understand that neither form of visa guarantees that the holder will be allowed to enter Australia. Both simply indicate that entry will most probably be allowed.
(i) TRAVEL-ONLY VISA
On arrival in Australia the holder of a travel-only visa shows it to the officer at the Entry Control Point. Then, if allowed to enter, the holder will be granted an entry permit which authorises the holder to stay in Australia either for an unlimited period (if it is a permanent entry permit), or for a limited period (if it is a temporary entry permit). (For more about entry permits, see 5.2 below.)
A travel-only visa is valid for a certain period of time within which the proposed travel to Australia must take place (its "travel validity"), and can allow for only one or a number of journeys to Australia. (The number will be shown on the visa label in the passport.) Though a travel-only visa does not authorise entry into Australia, it will generally indicate the period of stay which will be authorised, which will be either for a limited or an unlimited period.
Travel-only visas are granted to persons who are in Australia and who wish to leave and re-enter. They are now only rarely granted outside Australia. Visas granted outside Australia are now almost always granted as entry visas.
(ii) ENTRY VISA
An entry visa has two functions: first, like a travel-only visa, it tells the carrier that the holder will, most probably, be allowed to enter Australia; second, if the person is allowed to enter Australia on arrival, it operates as an entry permit authorising the holder to stay in Australia. That is, unlike the travel-only visa, no entry permit is granted to the holder of an entry visa at time of entry.
An entry visa is valid for a certain period within which it must be used for travel to Australia (its "travel validity" - shown on the visa label). It may authorise one or more entries into Australia (number shown on the visa label), and authorises a period of stay in Australia (also shown on the visa label) after each entry. This period of stay may be indefinite or for a limited period.
Entry visas are granted outside Australia, but not in Australia. A person who is in Australia, and holds an entry visa and wishes to leave Australia and return, can do so without obtaining another visa if the return to Australia is within the period of travel validity of the entry visa.
If the return to Australia will take place after the travel validity period of the entry visa held has expired, then the holder must obtain a visa to return to Australia even if the entry visa held authorises indefinite stay in Australia. (See Section 6.2 below.)
5.1.9 Whether a successful applicant is granted the visa in the form of a travel-only visa or an entry visa is a reflection of Departmental systems and legal technicalities as at November 1992. Legislation is to be introduced to provide for the deletion of the travel-only form of visa, and of entry permits. That is, only entry visas will be issued to applicants wishing to travel to, to enter and to remain in Australia. This system is expected to come into operation towards the end of 1993.
5.1.10 There is no particular advantage or disadvantage to the holder in the form in which the visa is granted. The decisions concerning visa validity and number of journeys and period of stay taken by the officer granting the visa are not affected by the form in which the visa will be issued. Both forms are capable of expressing those decisions.
5.2 ENTRY PERMITS
5.2.1 Unlike a visa, an entry permit can only be granted to a person who is physically present in Australia (section 46 of the Migration Act); i.e., an entry permit cannot be granted to a person outside Australia. Nor can an entry permit be granted to a person who has been deported, and still owes the Commonwealth money as a result of the costs to the Commonwealth of deporting that person (section 45 of the Migration Act). Furthermore, an entry permit can usually only be granted to a person who holds a visa (section 43 of the Migration Act).
5.2.2 An entry permit gives permission to enter or remain in Australia either:
. for an indefinite period in the case of a permanent entry permit ; or
. for a limited period in the case of a temporary entry permit.
5.2.3 An entry permit is granted in two ways:
. at the Entry Control Point to a person who presents a travel-only visa; or
. after entry to a person seeking either a further period of stay on a temporary basis (see 6.3 below) or permanent residence in Australia (see 6.1 below).
5.2.4 An entry permit, regardless of the period of stay it authorises, automatically stops being in force when the holder leaves Australia (see section 49 of the Migration Act). It does not give any right to re-enter Australia once the holder has left.
5.2.5 Like visas, the evidence that an entry permit has been granted is usually shown in the applicant's passport by a label. This label states the period of stay authorised.
5.3 CONDITIONS IMPOSED ON VISAS AND ENTRY PERMITS
5.3.1 Under subparagraph 23 (1) (a) (i), subsection 23 (4), subparagraph 33 (1) (a) (i) and subsection 33 (4) of the Migration Act, the Minister may impose conditions on a visa or an entry permit. These conditions are set out in Schedule 9.
5.3.2 There are two basic types of condition - mandatory and discretionary.
. A mandatory condition is imposed by law on the visa or entry permit at the time of grant.
. A discretionary condition may be imposed at the discretion of the officer granting the visa or entry permit.
Any mandatory conditions to be imposed on a visa or entry permit are specified in the relevant Parts of Schedule 2 or Schedule 3 for that visa or entry permit.
5.3.3 A mandatory or a discretionary condition will also be terminating if it is listed as such in Part 1 of Schedule 9. A terminating condition, if breached, terminates the visa or entry permit. The termination occurs if an officer of the Department determines that the condition has been breached, and gives the holder a notice of that determination.
5.3.4 Termination is not cancellation of the visa or entry permit, nor does it mean that the visa or entry permit stops being in force. When termination occurs the visa or entry permit simply ceases, as a matter of law, to have effect. The holder then becomes an illegal entrant and should leave Australia immediately.
6: HOW THE REGULATORY SCHEME WORKS IN CERTAIN SITUATIONS
6.1 APPLYING IN AUSTRALIA FOR PERMANENT RESIDENCE
6.1.1 A person who is in Australia on a temporary basis (or who is an illegal entrant) may be able to be granted a permanent entry permit in Australia to allow them to remain in Australia as a permanent resident.
6.1.2 The ways for obtaining a permanent entry permit are set out in 6.1.3 below. Before the permanent entry permit can be granted, the applicant must be able to satisfy section 47 of the Migration Act which reads:
47. (1) A permanent entry permit must not be granted to a non-citizen after entry into Australia unless the non-citizen is the holder of a valid temporary entry permit.
(2) In this section: "valid temporary entry permit" does not include:
(a) a temporary entry permit granted subject to a condition set out in paragraph 33 (4) (a) or (b); or
(b) an entry visa granted subject to a condition set out in paragraph 23 (4) (a) or (b).
(NOTE : For the conditions referred to in paragraphs (2) (a) and (b) see paragraphs 23 (4) (a) and (b), and 33 (4) (a) and (b) in the Migration Act.)
6.1.3 A person in Australia may obtain permanent residence as follows:
. if the person holds a provisional Group (2.7) visa or entry permit:
. by satisfying any requirements which have to be met in Australia and then applying for a confirmatory entry permit (Class 808 - Group 1.2); or in the case of a person who holds a prospective marriage visa or entry permit (Class 300 - Group 2.7), by applying for a spouse (after entry) entry permit (Class 806 - Group 1.2).
. if the person is in a spouse or de facto relationship with an Australian citizen or permanent resident:
by applying for a Class 820 entry permit (Group 2.5) - the extended eligibility (spouse) entry permit - and a Class 801 entry permit (Group 1.2). These are applied for on the same form (887).
An application for these entry permits is also an application for a processing (residence) entry permit - Class 828 in Group 2.7 - which, if granted, will enable the applicant to remain lawfully in Australia until their application for the Class 820 entry permit is decided. The application for the Class 828 is also covered by the applications for the Class 801 and Class 820 on form 887.
. if the person is in a relationship of interdependency with an Australian citizen or permanent resident:
by applying for a Class 826 entry permit (Group 2.5) - the extended eligibility (interdependency) entry permit - and a Class 814 (Group 1.2) - the interdependency (permanent) entry permit. These are applied for on the same form 887.
An application for these entry permits is also an application for a processing (residence) entry permit - Class 828 in Group 2.7 - which, if granted, will enable the applicant to remain lawfully in Australia until his or her application for the Class 826 entry permit is decided. The application for the Class 828 is also covered by the applications for the Class 814 and Class 826 on form 887.
. if a person is not eligible on any of the above grounds:
by applying, if eligible, for the grant of some other permanent entry permit in Group 1.2.
The person should apply for that Class of entry permit in Group 1.2 using form 887. That application is also an application for a processing (residence) entry permit (Group 2.8) and is covered by form 887.
NOTES: (1) Because the grant of permanent residence in Australia takes the form of grant of an entry permit, the criteria for the grant of permanent residence are found in the section of the relevant parts in Schedules 2 and 3 under "entry permit after entry", namely xxx.7 (where xxx represents the visa or entry permit Class number).
(2) A person who is in Australia as a permanent resident, is not an Australian citizen, and wishes to depart and return to Australia, must have a visa to re-enter. A permanent entry permit, or an entry visa the travel validity of which has expired, does not provide any authority to re-enter Australia. See 6.2 below for a general summary of the procedures and criteria governing the grant of such a visa.
6.2 NON-CITIZENS LEAVING AND RETURNING TO AUSTRALIA
6.2.1 Under section 49 of the Migration Act 1958, an entry permit stops being in force when the holder leaves Australia, and has no further force regardless of whether it was a permanent or temporary entry permit. Once the holder of an entry permit has left Australia, the entry permit provides no authority to re-enter Australia.
6.2.2 Under section 17 of the Migration Act the holder of an entry visa that is in force may enter Australia. (As noted earlier, a travel-only visa does not provide any authority to enter Australia.)
6.2.3 Accordingly a person in Australia who wishes to leave Australia and then return and who holds either:
. an entry permit; or
. an entry visa the travel validity of which has already ceased to be in force or which will cease to be in force before the holder's intended return to Australia, should apply for a further visa before leaving Australia so that they may return to Australia. (Provision does exist, in certain specified circumstances, for the grant overseas of visas to re-enter Australia. It is, however, far preferable and easier to apply for re-entry before leaving.)
6.2.4 At the time they apply for this visa to return to Australia, the applicant's entry permit or entry visa must also be one which authorises them to remain in Australia after the date on which they intend to return to Australia. If it does not do this they will first have to apply for and be granted an entry permit which would authorise that period of stay and then apply for the visa to return.
6.2.5 To summarise:
If a person holds an entry visa for which both the period of stay authorised, and travel validity, extend to after the intended date of return to Australia - no other visa is required.
If a person holds an entry visa whose travel validity will not cover their intended date of return to Australia, they should apply for a visa to return. They must also apply for an entry permit if the period of stay authorised by the entry visa they hold will end before the date of intended return to Australia.
If a person holds an entry permit - they should apply for a visa to return to Australia. They should also apply first for a further entry permit if the current entry permit they hold will stop being in force before the date of intended return to Australia.
6.2.6 The visa to be applied for depends on whether the entry permit or entry visa held is a temporary or permanent one.
6.2.7 If the entry visa or entry permit is a permanent one the holder must apply for a visa in the Resident Return Group (1.4 in Schedule 1). The specific visa granted will depend on the applicant's circumstances.
(c) is an occupation in respect of which the
applicant has:
(i) a diploma or associate diploma that is assessed
by the relevant Australian authority as meeting
Australian educational or training standards for that
occupation; or
(ii) experience assessed by the relevant Australian
authority to be equivalent to the Australian standards
for that occupation; and
(d) is an occupation in respect of which the
applicant has qualifications or experience (or both)
required for the purpose of holding any Australian
occupational licence or registration (or both); and
(e) is an occupation in respect of which the
applicant has worked or (on any occasion when not
working in the usual occupation) that is closely
related to the occupation in which the applicant has
worked:
(i) for not less than 3 years (except for periods of
absence that, in total duration, have not exceeded
12 months) immediately before making the application;
and
(ii) in the case of an applicant to whom subparagraph
(c) (i) applies, after acquiring the qualification
referred to in that subparagraph
7105 The applicant: 50
(a) has the attributes referred to in paragraphs 7104
(a), (b), (c) and (d); and
(b) has, immediately before making the application,
worked in the applicant's usual occupation, or a closely
related occupation:
(i) for a period of less than 3 years; and
(ii) in the case of a person who has a qualification
referred to in subparagraph 7104 (c) (i) - after
acquiring that qualification.
7106 The applicant: 30
(a) applies to enter Australia on the basis of an
occupation which is the applicant's usual occupation,
being an occupation:
(i) for which, in Australia, a degree, diploma,
associate diploma or trade certificate is required; and
(ii) in respect of which the applicant has a degree,
diploma, associate diploma or trade certificate that
qualifies the applicant to enter that occupation in
the foreign country that is the applicant's usual
country of residence; and
(iii) in respect of which the qualifications of the
applicant are assessed by the relevant Australian
authority as requiring upgrading by a course of
training lasting not more than 6 months before being
equivalent to Australian standards for that occupation;
and
(b) has, in relation to such an occupation, the
attributes referred to in paragraph 7101 (c)
7107 The applicant: 25
(a) applies to enter Australia:
(i) on the basis of an occupation that is the
applicant's usual occupation, being an occupation entry
to which in Australia requires a post-secondary
educational qualification other than a degree, diploma,
associate diploma or trade certificate; and
(ii) as a person who has educational qualifications
equivalent to completion of 4, 5 or 6 years of
secondary education in Australia; and
(iii) as a person who has a post-secondary
educational qualification, other than a degree, diploma,
associate diploma or trade certificate, that meets
Australian standards for that occupation, or has work
experience that is assessed by the relevant Australian
authority to be equivalent to such a post-secondary
qualification; or
(b) has an occupation:
(i) that is the applicant's usual occupation; and
(ii) entry to which in Australia requires a degree,
diploma, associate diploma or trade certificate; and
(iii) in respect of which the applicant has a degree,
diploma, associate diploma or trade certificate,
or possesses work experience, assessed by the relevant
Australian authority as not equivalent to Australian
Standards for that occupation
7108 The applicant has: 20
(a) an occupation that is the applicant's usual
occupation; and
(b) has educational qualifications equivalent to 12
years of primary and secondary education in Australia
7109 The applicant has: 10
(a) an occupation that is the applicant's usual
occupation; and
(b) educational qualifications equivalent to 10 years
of primary and secondary education in Australia
(NOTE: If the applicant's usual occupation is as a medical practitioner
(including a specialist medical practitioner), 10 points is to be
deducted: see paragraph 2.4 (3) (c).)
PART 2 - AGE QUALIFICATION
7201 The applicant is aged not less than 18 years and under
30 years at time of application 30
7202 The applicant is aged not less than 30 years and under
35 years at time of application 25
7203 The applicant is aged not less than 35 years and under
40 years at time of application 15
7204 The applicant is aged not less than 40 years and under
45 years at the time of application 10
7205 The applicant is aged not less than 45 years and under
50 years at the time of application 5
PART 3 - LANGUAGE SKILL QUALIFICATION
7301 The applicant provides evidence:
(a) that he or she holds an award (being a degree, a
higher degree, a diploma or a trade certificate) that
required at least 3 years of full time study or
training; and
(b) that all instruction (including instruction received
in other courses for which the applicant was allowed
credit) for that award was conducted in English 20
7302 The applicant provides evidence of having passed the
Occupational English Test:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 20
7303 The applicant provides evidence of having achieved
an ACCESS test score of at least 5 on each of the 4
test components of listening, reading, writing and
oral interaction in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 20
7304 The applicant provides evidence of having achieved
an IELTS test score of at least 6.0 on each of the 4
test components of speaking, reading, writing and
listening in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 20
7305 The applicant provides evidence:
(a) that he or she holds an award (being a degree,
a higher degree, a diploma or a trade certificate)
that required at least 2 years of full time study or
training; and
(b) that all instruction (including instruction
received in other courses for which the applicant
was allowed credit) for that award was conducted in
English 15
7306 The applicant provides evidence of having achieved an
ACCESS test score of at least 15 taking into account
the 3 best of the applicant's scores based on the 4
test components of listening, reading, writing and
oral interaction in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 15
7307 The applicant provides evidence of having achieved
an IELTS average band score of at least 6.0 on the
3 best of the applicant's scores based on the 4 test
components of speaking, reading, writing and listening
in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 15
7308 The applicant provides evidence of having completed
all years of primary education and at least 3 years
of secondary education at educational institutions in
which all instruction was conducted in English 10
7309 The applicant provides evidence of having completed at
least 5 years of secondary education at educational
institutions in which all instruction was conducted
in English 10
7310 The applicant provides evidence of having achieved
an ACCESS test score of at least 15 with a minimum of
3 for each of the 4 test components of listening,
reading, writing and oral interaction in a test
conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 10
7311 The applicant provides evidence of having achieved
an IELTS average band score of at least 5.0 based on
the 4 test components of speaking, reading, writing
and listening in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 10
7312 The applicant provides evidence of having completed
all years of primary education and at least 2 years of
secondary education at educational institutions in
which all instruction was conducted in English 5
7313 The applicant provides evidence of having completed at
least 3 years of secondary education at educational
institutions in which all instruction was conducted
in English 5
7314 The applicant provides evidence of having achieved
an ACCESS test score of at least 12 based on the 4
test components of listening, reading, writing and
oral interaction in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 5
7315 The applicant provides evidence of having achieved
an IELTS average band score of at least 4.0 based
on the 4 test components of speaking, reading,
writing and listening in a test conducted:
(a) not more than 12 months before lodging the relevant
application to migrate; or
(b) at the time of the processing of the relevant
application to migrate 5
7316 The applicant satisfies the Minister that the applicant
is fluent in 2 languages other than English 5
PART 4 - RELATIONSHIP QUALIFICATION
7401 The sponsor is a son or daughter, an adopted son or
adopted daughter or a stepson or stepdaughter of the
applicant 15
7402 The sponsor is a brother or sister, an adoptive brother
or sister, a stepbrother or stepsister, a parent, an
adoptive parent or a step-parent of the applicant 10
7403 The sponsor is an aunt or uncle, an adoptive aunt
or uncle or a step-aunt or step-uncle of the applicant 5
PART 5 - CITIZENSHIP QUALIFICATION
7501 The sponsor has been an Australian citizen for not
less than 5 years at the time Immigration receives
the relevant sponsorship 10
7502 The sponsor has been an Australian citizen for less
than 5 years at the time Immigration receives the
relevant sponsorship 5
PART 6 - SETTLEMENT OF SPONSOR QUALIFICATION
7601 The sponsor: 10
(a) has been resident in Australia (except for short
absences for the purposes of recreation or business)
throughout the period of 2 years immediately before
Immigration receives the relevant sponsorship; and
(b) is not, at the time Immigration receives the
relevant sponsorship, receiving a benefit under the
Student Assistance Act 1973 or any form of Australian
social security benefit, allowance or pension, other
than:
(i) an age pension under the Social Security Act
1947 or the Social Security Act 1991; or
(ii) a family allowance, or family allowance
supplement, under either of those Acts; or
(iii) a pension under the Seamen's War Pensions
and Allowances Act 1940 or the Veterans' Entitlements
Act 1986; and
(c) is either:
(i) a person who:
(A) is financially independent, engaged in paid
employment or receiving a pension referred to in
subparagraph (b) (i) or (iii); and
(B) has not received, in respect of a period or
periods amounting to more than 4 weeks during that
period of 2 years, one or more of the following
benefits and allowances:
(I) an unemployment benefit under the Social
Security Act 1947;
(II) a special benefit under that Act;
(III) a jobsearch allowance under the Social
Security Act 1991;
(IV) a newstart allowance under that Act; or
(ii) a person who:
(A) is not financially independent, engaged in paid
employment or receiving a pension referred to in
subparagraph (b) (i) or (iii) and
(B) does not have a spouse who has received, in
respect of a period or periods amounting to more
than 4 weeks during that period of 2 years, one
or more of the following benefits and allowances:
(I) an unemployment benefit under the Social
Security Act 1947;
(II) a special benefit under that Act;
(III) a jobsearch allowance under the Social
Security Act 1991;
(IV) a newstart allowance under that Act
PART 7 - LOCATION OF SPONSOR QUALIFICATION
7701 Throughout the period of 2 years immediately before
Immigration receives the relevant sponsorship (except
for short absences for the purposes of recreation or
business), the sponsor has been resident in one or
more of the areas specified by Gazette Notice as
designated areas for the purpose of this item 5
MIGRATION (1993) REGULATIONS - SCHEDULE 8 SCH
SCHEDULE 8 Regulation 1.3
BUSINESS SKILLS POINTS TEST - ATTRIBUTES AND POINTS
Column 1 Column 2 Column 3
Item No. Prescribed qualification Number
of points
PART 1 - BUSINESS ATTRIBUTES
Division 1.1 - Applicant's main business or main businesses
(Class 127 and 129 visas)
Subdivision 1.1.1 - Annual turnover and employee levels
8101 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together: 60
(a) had an annual turnover equivalent to not less
than AUD 5,000,000; and
(b) employed not fewer than:
(i) in the case of an applicant for a Class 127 visa
or entry permit - 5 full-time employees; and
(ii) in the case of an applicant for a Class 129 visa
or entry permit - 3 full-time employees
8102 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together: 55
(a) had an annual turnover equivalent to not less
than AUD 3,000,000; and
(b) employed not fewer than:
(i) in the case of an applicant for a Class 127 visa
or entry permit - 5 full-time employees; and
(ii) in the case of an applicant for a Class 129 visa
or entry permit - 3 full-time employees
8103 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together: 50
(a) had an annual turnover equivalent to not less
than AUD 1,500,000; and
(b) employed not fewer than:
(i) in the case of an applicant for a Class 127 visa
or entry permit - 5 full-time employees; and
(ii) in the case of an applicant for a Class 129 visa
or entry permit - 3 full-time employees
8104 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together: 40
(a) had an annual turnover equivalent to not less
than AUD 750,000; and
(b) employed not fewer than:
(i) in the case of an applicant for a Class 127 visa
or entry permit - 5 full-time employees; and
(ii) in the case of an applicant for a Class 129 visa
or entry permit - 3 full-time employees
8105 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together: 35
(a) had an annual turnover equivalent to not less
than AUD 500,000; and
(b) employed not fewer than:
(i) in the case of an applicant for a Class 127 visa
or entry permit - 5 full-time employees; and
(ii) in the case of an applicant for a Class 129 visa
or entry permit - 3 full-time employees
Subdivision 1.1.2 - Labour costs
8121 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together, had labour costs equivalent to
not less than AUD 250,000 but less than AUD 500,000 5
8122 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together, had labour costs equivalent to
not less than AUD 500,000 10
Subdivision 1.1.3 - Total assets
8131 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together, had total assets of a value
equivalent to not less than AUD 750,000 but less
than AUD 1,500,000 5
8132 In each of any 2 of the 4 fiscal years immediately
preceding the making of the application, the
applicant's main business, or the applicant's main
businesses together, had total assets of a value
equivalent to not less than AUD 1,500,000 10
Division 1.2 - Business employing the applicant
(Class 128 and 130 visas)
8151 The applicant was employed in a major business
(within the meaning of clause 128.131 or 130.131,
as the case requires, of Chapter 1.1 of Schedule 2)
in each of any 2 of the 4 fiscal years immediately
preceding the making of the application 65
PART 2 - AGE OF APPLICANT AT TIME OF APPLICATION
8201 Not less than 30 years but less than 45 years 30
8202 Not less than 45 years but less than 50 years 25
8203 Not less than 25 years but less than 30 years 20
8204 Not less than 50 years but less than 55 years 10
8205 Less than 25 years or 55 years or more 0
PART 3 - LANGUAGE ABILITY OF APPLICANT
8301 Better than functional ability in English 30
8302 Functional ability in English 20
8303 Bilingual in languages other than English 10
8304 Limited ability in English 10
8305 No ability in English 0
PART 4 - NET ASSETS OF THE APPLICANT OR OF THE APPLICANT AND THE
APPLICANT'S SPOUSE TOGETHER
8401 Not less than the equivalent of AUD 2,500,000 15
8402 Not less than the equivalent of AUD 1,500,000 but
less than the equivalent of AUD 2,500,000 10
8403 Not less than the equivalent of AUD 500,000 but
less than the equivalent of AUD 1,500,000 5
8404 Less than the equivalent of AUD 500,000 0
PART 5 - SPONSORSHIP
8501 Sponsorship by the appropriate regional authority 15
MIGRATION (1993) REGULATIONS - SCHEDULE 9 SCH
SCHEDULE 9 Subregulations 2.2 (3) and (5)
VISA AND ENTRY PERMIT CONDITIONS
(NOTE: 1. Whether a visa or entry permit of a particular class may be
made subject to any of these conditions depends on the relevant
provision in Schedule 2 or 3.
2. As to breaches of conditions, see rr. 2.25, 2.36 and 2.38.)
PART 1 - TERMINATING CONDITIONS
9101. The holder must not perform work in Australia without the
permission in writing of the Secretary.
9102. The holder must not engage in work in Australia (other than in
relation to the holder's course of study or training) without the
approval in writing of the Secretary.
9103. The holder must not receive salary in Australia without the
permission in writing of the Secretary.
9104. The holder must not engage in work for more than 20 hours a week
during the holder's stay in Australia.
9105. The holder must not engage in work in Australia (other than in
relation to the holder's course of study or training) for more than 20
hours a week during any week when the institution at which the holder is
studying is in session.
9106. While in Australia the holder must not engage in:
(a) any course:
(i) leading to the completion of a primary or secondary education
program; or
(ii) leading to a degree, diploma, trade certificate or other formal
award; or
(iii) preliminary to a course leading to a degree, diploma, trade
certificate or other formal award; or
(b) any other course (other than a language training program) completion
of which may be unconditionally credited towards, or accepted as a
prerequisite for, a course of studies at a higher educational
institution (including a post-secondary educational institution) within
or outside Australia; or
(c) any studies or training of more than 3 months' duration.
9107. The holder must satisfy course requirements.
9108. The holder must satisfy course requirements, and maintain a valid
enrolment, at the institution where the holder is following a course of
study.
9109. The holder must maintain adequate arrangements for health
insurance during the period of stay in Australia.
9110. The holder must maintain adequate arrangements for the education
of any school-age dependant of the holder who is in Australia for more
than 3 months as the holder (as a secondary person) of Class 560 or
Class 561 entry permit, as the case requires.
9111. Adequate arrangements for the education of the holder while the
holder is in Australia must be maintained.
9112. The holder must leave Australia by specified transportation on a
specified day or within a specified period.
9113. During the period of validity of the visa or entry permit, there
must be no material change in the circumstances on the basis of which it
was granted.
9114. If the holder is shown by records kept by Immigration to have
entered Australia on or before 20 June 1989 and to have been in
Australia on that day, the holder must not travel to PRC during the
currency of the visa or entry permit.
PART 2 - OTHER CONDITIONS
9201. If the visa is granted as an entry visa, it will be taken, despite
section 18 of the Act, not to be a valid temporary entry permit for the
purposes of section 47 of the Act.
9202. If the visa is granted as a travel-only visa, an entry permit of
the same class granted to the holder of the visa is not to be taken to
be a valid temporary entry permit for the purposes of section 47 of the
Act.
9203. The entry permit will be taken not to be a valid temporary entry
permit for the purposes of section 47 of the Act.
9204. The holder of the visa must not marry before entering Australia.
9205. The holder of the visa must not arrive in Australia, or enter
Australia, before the arrival in Australia, or entry to Australia, of a
person specified in the visa.
9206. After entry to Australia, the holder must satisfy relevant public
interest criteria within such period as is specified in the visa or
entry permit.
9207. The holder must enter into the marriage in relation to which the
visa was granted within 6 months of the date of the holder's initial
arrival in Australia as the holder of the Class 300 entry permit granted
at an Entry Control Point in relation to the visa.
9208. The relevant primary person must enter into the marriage in
relation to which the Class 300 visa or entry permit held by the
relevant primary person was granted within 6 months of the date of the
relevant primary person's initial arrival in Australia as the holder of
the Class 300 entry permit granted at an Entry Control Point in relation
to the visa.
9209. After arrival in Australia, the holder must satisfy the
requirement referred to in paragraph 301.321 (b) of Schedule 2 within
such period as is specified in the visa or entry permit.
9210. After arrival in Australia, the relevant primary person must
satisfy the requirement referred to in paragraph 301.321 (b) of Schedule
2 within such period as is specified in the Class 301 visa or entry
permit granted to the relevant primary person.
9211. After entry to Australia, all relevant members of the family unit
must satisfy the relevant public interest criteria within such periods
as are specified in the Class 302 or Class 303 visas or entry permits
that are granted to those members of the family unit.
9212. The holder must not become involved in activities disruptive to,
or violence threatening harm to, the Australian community or a group
within the Australian community.
9213. The holder must not, in Australia, engage in an activity that in
Australia normally attracts remuneration without the written permission
of the Secretary.
9214. The holder must not, in Australia, engage in an activity that in
Australia normally attracts remuneration, being an activity unrelated to
the training in respect of which the visa was granted, without the
written permission of the Secretary.
9215. Unless the Secretary gives permission in writing to do otherwise,
the holder must only undertake work in Australia that is relevant to the
conduct of the business, or performance of the tasks, specified in the
visa application.
9216. The holder must not change employer or occupation in Australia
without the permission in writing of the Secretary.
9217. The holder must not be employed in Australia by any 1 employer for
more than 3 months without the permission in writing of the Secretary.
9218. The holder must not change details of times and places of
engagements to be undertaken in Australia, as submitted in relation to
the stay in Australia to which the visa or entry permit relates, without
the prior permission in writing of the Secretary.
9219. The holder:
(a) must not undertake employment in Australia except in the household
of the employer in relation to whom the visa or entry permit was
granted; and
(b) except with the permission in writing of the Foreign Minister, must
not remain in Australia after the permanent departure of that employer.
9220. The holder must not:
(a) undertake employment in Australia except in the household of the
employer who is the holder's sponsor in relation to the visa or entry
permit; or
(b) remain in Australia after the permanent departure of that employer.
9222. The holder must not cease to be a person who would be eligible for
the grant of the visa or entry permit.
9223. If the visa was granted on the basis that the holder was the
spouse of, or a dependent child of, another holder of a Class 437 visa
or entry permit, the holder must not cease to be the spouse of, or a
dependent child of, that other holder, as the case requires.
9224. If the visa or entry permit is a Class 428 (religious worker) visa
or entry permit granted for a period of stay not exceeding 6 months, the
holder cannot, after entering Australia, be granted:
(a) an entry permit, or a further entry permit, which would permit the
holder to remain in Australia for a period of more than 6 months from
the date on which the holder entered Australia; or
(b) a Class 805 (skilled occupation) entry permit.
9225. In spite of anything in the Act, the holder will not, after
entering Australia, be entitled to be granted an entry permit, or a
further entry permit, while the holder remains in Australia.
9226. The holder must leave Australia not later than the time of
departure of the primary person.
9227. Each secondary person in relation to the holder (being a spouse of
the holder, an unmarried child of the holder who has not turned 18, or a
person intending to marry the holder not later than 3 months after
entering Australia) who is, on that account, the holder of a Class 560
or 561 entry permit must leave Australia not later than the time of
departure of the holder.
9228. The holder must notify the Secretary, not earlier than 7 days
before, and not later than the day of, the expiry of the visa or entry
permit, of the holder's place of residence in Australia by posting the
notification to the Head Office of Immigration in the Australian Capital
Territory.
9229.The holder must enter into the marriage in relation to which the
visa or entry permit was granted within 3 months of the later of the
following dates:
(a) the date of the holder's initial arrival in Australia as the holder
of a Class 300 (prospective marriage) visa;
(b) the date on which the holder was granted a Class 300 (prospective
marriage) entry permit after entry to Australia.
9230. The relevant primary person must enter into the marriage in
relation to which the visa or entry permit held by the relevant primary
person was granted within 3 months of the later of the following dates:
(a) the date of the relevant primary person's initial arrival in
Australia as the holder of a Class 300 (prospective marriage) visa;
(b) the date on which the relevant primary person was granted a Class
300 (prospective marriage) entry permit after entry to Australia.
9231. The holder must not change his or her course of study, or thesis
or research topic, unless approval is given by the Minister after the
Minister has obtained an assessment from the competent Australian
authorities that the holder is not likely to be directly or indirectly a
risk to Australian national security.
9232. The holder must not undertake or change a course of study or
research, or thesis or research topic, for:
(a) a graduate certificate, a graduate diploma, a master's degree or a
doctorate; or
(b) any bridging course required as a prerequisite to a course of study
or research for a master's degree or a doctorate;
unless approval is given by the Minister after the Minister has obtained
an assessment from the competent Australian authorities that the holder
is not likely to be directly or indirectly a risk to Australian national
security.
9233. During the period of validity of the visa or entry permit, there
must be no material change in the circumstances on the basis of which it
was granted.
9234. If the holder is over 16 and:
(a) is from a country other than a country that is designated, by
Gazette Notice, as a country in relation to which this condition does
not apply; and
(b) intends to study in a class-room environment for a period greater
than 4 weeks;
the holder must pass a chest X-ray examination carried out by a medical
practitioner who is qualified as a radiologist before the holder can
commence that study.
MIGRATION (1993) REGULATIONS - SCHEDULE 11 SCH
SCHEDULE 11 Regulation 7.13
(FORMS OMITTED)
MIGRATION (1993) REGULATIONS - SCHEDULE 12 SCH
SCHEDULE 12 Regulation 8.1
REPEALED STATUTORY RULES
Statutory Rules:
1989 No. 365, 414 and 416;
1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320,
339, 371, 402 and 452;
1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295,
342, 349, 418, 481 and 484;
1992 Nos. 22, 51, 96, 112, 125, 183, 231, 278, 291, 311, 346, 392, 433
and 451; 1993 No. 17.
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Migration (1993) Regulations (Cth)
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