Migration Amendment Regulation 2012 (No. 3) (Cth)

Migration Amendment Regulation 2012 (No. 3)¹

Select Legislative Instrument 2012 No. 105

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.

Dated 14 June 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship

1. Name of regulation

This regulation is the Migration Amendment Regulation 2012 (No. 3).

1. Commencement

This regulation commences on 1 July 2012.

1. Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Schedule 1          Amendments

(section 3)

[1]          Paragraphs 5.17 (a) and (b)

substitute

(a)evidence specified by the Minister in an instrument in writing for this paragraph;

[2]          Schedule 1, paragraph 1228 (3) (aa)

omit

by a person seeking to satisfy the primary criteria

[3]          Schedule 1, paragraph 1228 (3) (aa)

omit

2012

insert

2012.

[4]          Schedule 1, after paragraph 1229 (3) (aaa)

insert

(aab)Application by a person seeking to satisfy the secondary criteria for the grant of a Subclass 487 (Skilled—Regional Sponsored) visa must be made before 1 July 2012.

[5]          Schedule 1, paragraph 1229 (3) (e)

omit

subitem (4), (5), (6) or (7)

insert

subitem (4), (5), (6), (7) or (9)

[6]          Schedule 1, after subitem 1229 (7)

insert

(9)The applicant must claim to be a member of the family unit of an applicant who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying the primary criteria for the grant of the visa.

[7]          Schedule 13, paragraph 101 (1) (b)

omit

2012

insert

2012.

[8]          Schedule 13, after Part 2

insert

Part 3           Amendments made by Migration Amendment Regulation 2012 (No. 3)

1. Operation of Schedule 1

(1)The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.

(2)However, the repeal or amendment of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08 or 2.08B of these Regulations.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See