Migration Act 1958 Specification Substantive Visa Classes IMMI 07/031 (Cth)

Commonwealth of Australia

Migration Act 1958

SUBSTANTIVE VISA CLASSES

(PARAGRAPHS 82(2AA)(a) and (b))

I, KEVIN ANDREWS, Minister for Immigration and Citizenship, acting under subsection 82(2AA) of the Migration Act 1958 (“the Act”):

1. SPECIFY for the purposes of paragraph 82(2AA)(a) of the Act any substantive visa class EXCEPT FOR a Special Purpose visa granted to a person on the grounds that they are a member of the crew on a non-military ship; AND

1. SPECIFY for the purposes of paragraph 82(2AA)(b) of the Act any substantive visa class EXCEPT FOR a Special Purpose visa granted to a person on the grounds that they are a member of the crew on a non-military ship.

For the purposes of this Instrument:

“substantive visa” means a substantive visa as defined by the Act.

This Instrument, IMMI 07/031, commences on 1 July 2007.

Dated               29 June 2007  

KEVIN ANDREWS

Minister for Immigration and Citizenship

[NOTE 1:         Subsection 82(2AA) states:

(a) a maritime crew visa held by a non-citizen does not cease to be in effect if a substantive visa for the non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection comes into effect; and

(b) a substantive visa held by a non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection does not cease to be in effect if a maritime crew visa for the non-citizen comes into effect.

NOTE 2:                 The Act, at section 5, defines a “substantive visa” as a visa other than:

(a)a bridging visa; or

(b)a criminal justice visa; or

(c)an enforcement visa.              

NOTE 3:                 The Migration Regulations 1994, at 1.03, provides that a “member of the crew”, in relation to a non-military ship,

(a)            means any of the following persons:

(i)            a person who is involved in the usual day to day routine maintenance or business of the ship while it is at sea;

(ii)           a supernumerary member of the crew, including:

(A)          a person who performs specialist repair or maintenance work on the ship while it is at sea (for example, an electrical engineer); and

(B)           an entertainer who works on the ship while it is at sea;

(C)           a chef who works on the ship while it is at sea;

(D)          a hairdresser who works on the ship while it is at sea;

(iii)          for a ship described in paragraph (b) of the definition of non-military ship – a person who is employed in scientific research conducted on or from the ship;

whether the person works as an employee, a contractor or in another capacity; but

(b)           does not include a person who:

(i)            is engaged only to perform work on a ship while it is in port or dry dock; and

(ii)           does not travel with the ship in that capacity after completing the work in port or dry dock.]