Migration Amendment Regulations 2003 (No. 7) (Cth)

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Migration Amendment Regulations 2003 (No. 7)1

Statutory Rules 2003 No. 2392

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 11 September 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Minister for Immigration and Multicultural and Indigenous Affairs

Contents

1Name of Regulations

These Regulations are the Migration Amendment Regulations 2003 (No. 7).

2Commencement

These Regulations commence on 1 November 2003.

3Amendment of Migration Regulations 1994

Schedules 1, 2, 3, 4, 5 and 6 amend the Migration Regulations 1994.

4Transitional
  1. (1)

    The amendments made by:

    1. (a)

      items [3], [4], [5], [8], [9], [10], [11], [12], [13], [14] and [15] of Schedule 1; and

    2. (b)

      Schedule 2; and

    3. (c)

      items [1], [2], [3], [4], [5], [7], [8], [9], [10], [11], [12], [13], [14], [15], [16], [17], [19], [20], [21], [22], [23], [24], [25], [26], [27], [28] and [29] of Schedule 3; and

    4. (d)

      Schedule 6;

apply in relation to an application for a visa made on or after 1 November 2003.

  1. (2)

    The amendments made by item [18] of Schedule 3 and Schedule 4 apply in relation to an application for a visa:

    1. (a)

      made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2003; or

    2. (b)

      made on or after 1 November 2003.

  2. (3)

    The amendments made by items [1], [2] and [16] of Schedule 1 apply to an airline crew member who is in Australia, or enters Australia, on or after 1 November 2003.

  3. (4)

    The amendment made by item [2] of Schedule 5 applies to an airline crew member who enters Australia on or after 1 November 2003.

  4. (5)

    The amendment made by item [3] of Schedule 5 applies to a member of the crew of a non-military ship who enters Australia on or after 1 November 2003.

Schedule 1Amendments of Parts 1, 2 and 3

(regulation 3)

  

[1]Regulation 1.03, after definition of aged parent

insert

aircraft safety inspector means a person who:

  1. (a)

    is employed by a foreign government to inspect the safety procedures of international air carriers or the safety of aircraft; and

  2. (b)

    travels to Australia on an aircraft in the course of that employment; and

  3. (c)

    will depart Australia on an aircraft in the course of that employment or as a passenger.

[2]Regulation 1.03, definition of airline crew member

substitute

airline crew member means:

  1. (a)

    a person who:

    1. (i)

      is employed by an international air carrier as an aircrew member; and

    2. (ii)

      travels to Australia in the course of his or her employment as a member of the crew of an aircraft; and

    3. (iii)

      will depart Australia in the course of his or her employment as a member of the crew of, or a passenger on, an aircraft; or

  2. (b)

    an aircraft safety inspector.

[3]Regulation 1.03, definition of airline positioning crew member, paragraph (c)

omit

who

[4]Regulation 1.03, after definition of Hong Kong

insert

IASS agreement means an agreement mentioned in regulation 1.16B.

[5]Regulation 1.03, definition of RHQ agreement

substitute

RHQ agreement means an agreement mentioned in regulation 1.16A and made before 1 November 2003.

[6]Regulation 1.03, definition of SOFA forces civilian component member, paragraph (a)

substitute

  1. (a)

    is, for the purposes of a Status of Forces Agreement between Australia and France, Malaysia, New Zealand, Papua New Guinea, Singapore, Turkey or the United States of America, a member of the civilian component of the armed forces of one of those countries; and

[7]Regulation 1.03, definition of SOFA forces member, paragraph (a)

substitute

  1. (a)

    is, for the purposes of a Status of Forces Agreement between Australia and France, Malaysia, New Zealand, Papua New Guinea, Singapore, Turkey or the United States of America, a member of the armed forces of one of those countries; and

[8]Subregulation 1.12 (1)

omit

subregulation (2),

insert

subregulations (2), (6) and (7),

[9]After subregulation 1.12 (5)

insert

  1. (6)

    In addition to subregulation (1), a person is a member of the family unit of an applicant for a Distinguished Talent (Migrant) (Class AL) visa who has not turned 18 at the time of application if:

    1. (a)

      a parent of the applicant has made a combined application with the applicant for the Distinguished Talent (Migrant) (Class AL) visa; and

    2. (b)

      the person is:

      1. (i)

        that parent; or

      2. (ii)

        a spouse of that parent; or

      3. (iii)

        a dependent child of that parent; or

      4. (iv)

        a dependent child of a spouse of that parent; or

      5. (v)

        a dependent child of a dependent child of that parent; or

      6. (vi)

        a dependent child of a dependent child of a spouse of that parent; or

      7. (vii)

        a relative of that parent who:

        1. (A)

          does not have a surviving spouse or any other relative (other than that parent) able to care for that relative in the relevant country; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      8. (viii)

        a relative of a spouse of that parent who:

        1. (A)

          does not have a surviving spouse or any other relative (other than that parent) able to care for that relative in the relevant country; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      9. (ix)

        a relative of that parent who:

        1. (A)

          has never married or is widowed, divorced or separated; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      10. (x)

        a relative of a spouse of that parent who:

        1. (A)

          has never married or is widowed, divorced or separated; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; and

    3. (c)

      no person is being treated as a member of the family unit of the applicant, in relation to the applicant’s application for the Distinguished Talent (Migrant) (Class AL) visa, in accordance with subregulation (1); and

    4. (d)

      no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.

Note Paragraph 1.12 (6) (c) ensures that if one person, or a group of persons, is being treated as a member or members of the family unit of the applicant under subregulation 1.12 (1), another person or group of persons cannot be treated as a member or members of the family unit of an applicant under subregulation 1.12 (6) in relation to that same application.

Paragraph 1.12 (6) (d) ensures that only one parent of the applicant, and the family unit of that one parent (which may include the other parent of the applicant), can be treated as members of the family unit of the applicant under subregulation 1.12 (6).

  1. (7)

    In addition to subregulation (1), a person is a member of the family unit of an applicant for a Distinguished Talent (Residence) (Class BX) visa who has not turned 18 at the time of application if:

    1. (a)

      a parent of the applicant has made a combined application with the applicant for the Distinguished Talent (Residence) (Class BX) visa; and

    2. (b)

      the person is:

      1. (i)

        that parent; or

      2. (ii)

        a spouse of that parent; or

      3. (iii)

        a dependent child of that parent; or

      4. (iv)

        a dependent child of a spouse of that parent; or

      5. (v)

        a dependent child of a dependent child of that parent; or

      6. (vi)

        a dependent child of a dependent child of a spouse of that parent; or

      7. (vii)

        a relative of that parent who:

        1. (A)

          does not have a surviving spouse or any other relative (other than that parent) able to care for that relative in the relevant country; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      8. (viii)

        a relative of a spouse of that parent who:

        1. (A)

          does not have a surviving spouse or any other relative (other than that parent) able to care for that relative in the relevant country; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      9. (ix)

        a relative of that parent who:

        1. (A)

          has never married or is widowed, divorced or separated; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; or

      10. (x)

        a relative of a spouse of that parent who:

        1. (A)

          has never married or is widowed, divorced or separated; and

        2. (B)

          is usually resident in that parent’s household; and

        3. (C)

          is dependent on that parent; and

    3. (c)

      no person is being treated as a member of the family unit of the applicant, in relation to the applicant’s application for the Distinguished Talent (Residence) (Class BX) visa, in accordance with subregulation (1); and

    4. (d)

      no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.

Note Paragraph 1.12 (7) (c) ensures that if one person, or a group of persons, is being treated as a member or members of the family unit of the applicant under subregulation 1.12 (1), another person or group of persons cannot be treated as a member or members of the family unit of an applicant under subregulation 1.12 (7) in relation to that same application.

Paragraph 1.12 (7) (d) ensures that only one parent of the applicant, and the family unit of that one parent (which may include the other parent of the applicant), can be treated as members of the family unit of the applicant under subregulation 1.12 (7).

[10]After regulation 1.16A

insert

1.16BInvest Australia Supported Skills agreements

If an organisation that has its head office outside Australia wishes to make a significant investment in Australia, the Minister and the Industry Minister may enter into an agreement with the organisation to provide for the entry to, and stay in, Australia of staff members of the organisation for the purposes of the investment.

[11]Subregulations 2.07AG (3) and (4)

omit

[12]After regulation 2.07AH

insert

2.07AIApplications for certain substantive visas by persons holding Subclass 173 or 884 visas

  1. (1)

    For section 46 of the Act, an application for a substantive visa by a person who has, at any time since last entering Australia, held a Subclass 173 (Contributory Parent (Temporary)) visa is a valid application only if the application is for:

    1. (a)

      a Contributory Parent (Migrant) (Class CA) visa; or

    2. (b)

      a Medical Treatment (Visitor) (Class UB) visa; or

    3. (c)

      a protection visa.

  2. (2)

    For section 46 of the Act, an application for a substantive visa by a person who has, at any time since last entering Australia, held a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a valid application only if the application is for:

    1. (a)

      a Contributory Aged Parent (Residence) (Class DG) visa; or

    2. (b)

      a Medical Treatment (Visitor) (Class UB) visa; or

    3. (c)

      a protection visa.

[13]Subregulation 2.08C (6)

substitute

  1. (6)

    Subregulation (7) applies to an applicant who seeks to enter Australia in accordance with a labour agreement, an RHQ agreement or an IASS agreement, if Immigration has received evidence of the applicant’s appointment by an employer authorised under the labour agreement, RHQ agreement or IASS agreement to recruit persons.

[14]Subregulation 2.40 (9), subheading

substitute

Airline positioning crew members

[15]Subregulation 2.40 (10), subheading

substitute

Airline crew members

[16]Paragraphs 2.40 (10) (b) and (c)

substitute

  1. (b)

    holds:

    1. (i)

      a valid airline identity card issued by his or her employer; or

    2. (ii)

      for a person who is an aircraft safety inspector:

      1. (A)

        a valid government identity document showing that he or she is employed by a foreign government; or

      2. (B)

        an ICAO Safety Inspector Certificate; and

  2. (c)

    is included in a list of members of the crew of the aircraft provided to Immigration by or for the international air carrier that operates the aircraft.

[17]After paragraph 3.10 (4) (c)

insert

  1. (ca)

    sex;

  2. (cb)

    class and subclass of visa;

  3. (cc)

    when the visa ceases to be in effect;

[18]After subregulation 3.10 (4)

insert

Note Under the Act, a visa is an Australian visa issued in accordance with the Act.

Schedule 2Amendments of Schedule 1

(regulation 3)

[1]Paragraph 1112 (3) (a)

substitute

  1. (a)

    Application must be made by:

    1. (i)

      posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

    2. (ii)

      having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

[2]After paragraph 1113 (3) (a)

insert

  1. (aa)

    Application must be made by:

    1. (i)

      posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

    2. (ii)

      having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

[3]After paragraph 1115 (3) (a)

insert

  1. (aa)

    Application by a person seeking to satisfy the criteria for the grant of a Subclass 832 (Close Ties) visa must be made by:

    1. (i)

      posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

    2. (ii)

      having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

[4]Paragraph 1118 (3) (a)

substitute

  1. (a)

    Application must be made by:

    1. (i)

      posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

    2. (ii)

      having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

Schedule 3Amendments of Schedule 2

(regulation 3)

[1]Subdivision 120.21

substitute

120.21Criteria to be satisfied at time of application

120.211 (1) For an applicant, other than an applicant mentioned in subclause (5), the applicant meets the requirements of subclause (2), (3) or (4).

(2) An applicant meets the requirements of this subclause if the applicant:

  1. (a)

    seeks to enter Australia to work in accordance with a labour agreement; and

  2. (b)

    has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

  3. (c)

    unless exceptional circumstances apply, has not turned 45.

(3) An applicant meets the requirements of this subclause if the applicant seeks to enter Australia in accordance with an RHQ agreement.

(4) An applicant meets the requirements of this subclause if the applicant:

  1. (a)

    has been nominated by an employer for a permanent position in a business in Australia for which there is an IASS agreement; and

  2. (b)

    is a highly skilled person in relation to the position (within the meaning of subregulation 5.19 (3)).

(5) For an applicant who, under regulation 2.08C, is taken to have applied for a Labour Agreement (Migrant) (Class AU) visa, and who seeks to enter Australia to work in accordance with a labour agreement, the applicant:

  1. (a)

    has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

  2. (b)

    had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa, a Skilled — Independent (Migrant) (Class BN) visa or a Skill Matching (Migrant) (Class BR) visa.

[2]Subclause 124.211 (1)

omit

subclause (2), (3) or (4).

insert

subclause (2) or (4).

[3]Subclauses 124.211 (2) and (3)

substitute

(2) The applicant:

  1. (a)

    has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:

    1. (i)

      a profession;

    2. (ii)

      a sport;

    3. (iii)

      the arts;

    4. (iv)

      academia and research; and

  2. (b)

    is still prominent in the area; and

  3. (c)

    would be an asset to the Australian community; and

  4. (d)

    would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and

  5. (e)

    produces a nomination testifying to the applicant’s achievement and standing in the area from:

    1. (i)

      an Australian citizen; or

    2. (ii)

      an Australian permanent resident; or

    3. (iii)

      an eligible New Zealand citizen; or

    4. (iv)

      an Australian organisation;

having a national reputation in relation to the area; and

  1. (f)

    if the applicant has not turned 18, or is at least 55 years old, at the time of application — would be of exceptional benefit to the Australian community.

[4]After clause 124.225

insert

124.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

[5]Division 124.3, note after the heading

substitute

Note 1 These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

Note 2 For an applicant for a Distinguished Talent (Migrant) (Class AL) visa who has not turned 18, subregulation 1.12 (6) sets out a specific definition of member of the family unit in addition to the operation of subregulation 1.12 (1). For an applicant who has turned 18, see subregulation 1.12 (1).

[6]Part 173

relocate after Part 165 as Part 173

[7]Subclause 410.111 (1), definition of established applicant

omit

[8]Subclause 410.221 (8)

substitute

(8) If the applicant holds, or has ever held, a Subclass 410 visa or an equivalent visa:

  1. (a)

    the applicant and the applicant’s spouse (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014; and

  2. (b)

    the applicant and the applicant’s spouse (if any) are free from tuberculosis; and

  3. (c)

    the applicant and the applicant’s spouse (if any) are free from a disease or condition that is, or may result in the applicant or the applicant’s spouse being, a threat to public health in Australia or a danger to the Australian community; and

  4. (d)

    if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical assessment — the applicant has provided such an undertaking.

[9]Subclause 410.221 (9)

omit

is not an established applicant:

insert

does not hold, or has never held, a Subclass 410 visa or an equivalent visa:

[10]Subclause 410.321 (3)

substitute

(3) If the applicant is the spouse of a person to whom subclause 410.221 (8) applies:

  1. (a)

    the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014; and

  2. (b)

    the applicant is free from tuberculosis; and

  3. (c)

    the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

  4. (d)

    if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical assessment — the applicant has provided such an undertaking.

[11]Subclause 410.321 (4)

omit

If the applicant is not the spouse of an established applicant,

insert

If the applicant is the spouse of a person to whom subclause 410.221 (9) applies,

[12]Subparagraph 427.222 (b) (iii)

omit

subclause 457.223 (2), (3), (4), (5), (7) or (9).

insert

subclause 457.223 (2), (3), (4), (5), (7), (9) or (10).

[13]Subclause 457.111 (2), note

substitute

Note AUD, Internet application,ownership interest, RHQ agreement and IASS agreement are defined in regulation 1.03.

[14]Subclause 457.212 (2)

omit

subclause 457.223 (3).

insert

subclause 457.223 (3) or (10).

[15]Subclause 457.223 (1)

omit

(8) or (9).

insert

(8), (9) or (10).

[16]After subclause 457.223 (9)

insert

IASS agreements

(10) The applicant meets the requirements of this subclause if:

  1. (a)

    the activity specified in the application is the subject of an IASS agreement; and

  2. (b)

    the activity is the subject of an approved business nomination by a business that is a party to the IASS agreement; and

  3. (c)

    the applicant is nominated by the business mentioned in paragraph (b); and

  4. (d)

    the requirements of the IASS agreement have been met in relation to the application.

[17]Paragraph 457.226 (1) (b)

omit

subclause 457.223 (3);

insert

subclause 457.223 (3) or (10);

[18]Paragraph 470.221 (b)

omit

exceptional circumstances exist to justify considering the application.

insert

exceptional circumstances exist for the grant of the visa.

[19]Subclause 820.211 (2A), note

substitute

Note SOFA forces member and SOFA forces civilian component member are defined in regulation 1.03. Broadly, a SOFA forces member is a member of the armed forces of France, Malaysia, New Zealand, Papua New Guinea, Singapore, Turkey or the United States of America in Australia on official duty. A SOFA forces civilian component member is a person who is a member of the civilian component of one of those armed forces, in Australia on official duty.

[20]Subclause 832.212 (1)

omit

subclause (2), (4) or (5).

insert

subclause (2), (4), (5) or (6).

[21]Subclause 832.212 (5)

substitute

(5) An applicant meets the requirements of this subclause if he or she:

  1. (a)

    meets the requirements of paragraph 832.211 (2) (b); and

  2. (b)

    satisfies the criteria set out in Subdivision 151.21; and

  3. (c)

    satisfies Schedule 3 criterion 3002.

(6) An applicant meets the requirements of this subclause if he or she:

  1. (a)

    meets the requirements of paragraph 832.211 (2) (a); and

  2. (b)

    satisfies the criteria set out in Subdivision 151.21.

[22]Paragraph 832.221 (4) (a)

omit

subclause 832.212 (5); and

insert

subclause 832.212 (5) or (6); and

[23]Clause 855.213

substitute

855.213 (1) The applicant meets the requirements of subclause (2) or (3).

(2) The applicant meets the requirements of this subclause if the applicant:

  1. (a)

    has been nominated by an employer for a permanent position in an industry for which there is a labour agreement; and

  2. (b)

    has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

  3. (c)

    unless exceptional circumstances apply, has not turned 45.

(3) The applicant meets the requirements of this subclause if the applicant:

  1. (a)

    has been nominated by an employer for a permanent position in a business in Australia for which there is an IASS agreement; and

  2. (b)

    is a highly skilled person in relation to the position (within the meaning of subregulation 5.19 (3)).

[24]Clauses 855.221 and 855.222

substitute

855.221 The nomination mentioned in paragraph 855.213 (2) (a) or (3) (a) has been approved by the Minister.

855.222 The Minister is satisfied that the position mentioned in paragraph 855.213 (2) (a) or (3) (a) will provide the employment referred to in the relevant nomination.

[25]Subclause 858.212 (1)

omit

subclause (2), (3) or (4).

insert

subclause (2) or (4).

[26]Subclauses 858.212 (2) and (3)

substitute

(2) The applicant:

  1. (a)

    has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:

    1. (i)

      a profession;

    2. (ii)

      a sport;

    3. (iii)

      the arts;

    4. (iv)

      academia and research; and

  2. (b)

    is still prominent in the area; and

  3. (c)

    would be an asset to the Australian community; and

  4. (d)

    would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and

  5. (e)

    produces a nomination testifying to the applicant’s achievement and standing in the area from:

    1. (i)

      an Australian citizen; or

    2. (ii)

      an Australian permanent resident; or

    3. (iii)

      an eligible New Zealand citizen; or

    4. (iv)

      an Australian organisation;

having a national reputation in relation to the area; and

  1. (f)

    if the applicant has not turned 18, or is at least 55 years old, at the time of application — would be of exceptional benefit to the Australian community.

[27]After clause 858.224

insert

858.225 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

[28]Division 858.3, note after the heading

substitute

Note 1 These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

Note 2 For an applicant for a Distinguished Talent (Residence) (Class BX) visa who has not turned 18, subregulation 1.12 (7) sets out a specific definition of member of the family unit in addition to the operation of subregulation 1.12 (1). For an applicant who has turned 18, see subregulation 1.12 (1).

Schedule 4Amendment of Schedule 4

(regulation 3)

[1]Part 2, item 4051, column 3

after

8101

insert

or 8104

Schedule 5Amendments of Schedule 9

(regulation 3)

[1]Schedule 9, heading

substitute

Schedule 9Special entry and clearance arrangements

(regulations 3.01, 3.03 and 3.06)

[2]Part 1, item 14

substitute

14

Airline crew members

Passport and either:

  1. (a)

    a valid airline identity card; or

  2. (b)

    for a person who is an aircraft safety inspector:

    1. (i)

      a valid government identity document showing that he or she is employed by a foreign government; or

    2. (ii)

      an ICAO Safety Inspector Certificate

No

[3]Part 1, item 16, column 3

omit

Identity document or passport

insert

Passport and an identity document

Schedule 6Additional amendments of Schedule 2

(regulation 3)

[1]Paragraph 101.211 (1) (a)

substitute

  1. (a)

    is a dependent child of:

    1. (i)

      an Australian citizen; or

    2. (ii)

      the holder of a permanent visa; or

    3. (iii)

      an eligible New Zealand citizen; and

[2]Subparagraph 101.211 (1) (c) (i)

omit

Australian permanent resident

insert

holder of a permanent visa

[3]Subparagraph 101.211 (1) (c) (ii)

omit each mention of

an Australian permanent resident

insert

a holder of a permanent visa

[4]Paragraph 101.212 (b)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[5]Subparagraph 101.212 (c) (i)

omit

Australian permanent resident

insert

holder of a permanent visa

[6]Subparagraph 101.212 (c) (ii)

omit

Australian permanent resident

insert

holder of a permanent visa

[7]Clause 102.111, definition of prospective adoptive parent, paragraph (c)

omit

Australian permanent resident

insert

holder of a permanent visa

[8]Subparagraph 102.211 (2) (b) (i)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[9]Subparagraph 102.211 (3) (c) (i)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[10]Subparagraph 102.211 (3) (c) (ii)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[11]Paragraph 102.211 (4) (c)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[12]Paragraph 102.211 (5) (b)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[13]Paragraph 102.212 (a)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[14]Paragraph 802.211 (d)

substitute

  1. (d)

    has become a dependent child of:

    1. (i)

      an Australian citizen; or

    2. (ii)

      the holder of a permanent visa; or

    3. (iii)

      an eligible New Zealand citizen;

since last applying for an entry permit or substantive visa.

[15]Paragraph 802.212 (1) (a)

omit

Australian permanent resident

insert

holder of a permanent visa

[16]Subclause 802.213 (1)

omit

Australian permanent resident

insert

holder of a permanent visa

[17]Subclause 802.213 (3)

omit each mention of

Australian permanent resident

insert

holder of a permanent visa

[18]Paragraph 802.213 (4) (a)

omit

Australian permanent resident

insert

holder of a permanent visa

[19]Paragraph 802.213 (5) (a)

omit

Australian permanent resident

insert

holder of a permanent visa

[20]Paragraph 802.215 (b)

omit

an Australian permanent resident

insert

a holder of a permanent visa

[21]Subparagraph 802.215 (c) (i)

omit

Australian permanent resident

insert

holder of a permanent visa

[22]Subparagraph 802.215 (c) (ii)

omit

Australian permanent resident

insert

holder of a permanent visa

[23]Paragraph 802.311 (a)

omit

Special Eligibility (Residence) (Class AO) visa; and

insert

Child (Residence) (Class BT) visa; and

Notes

1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259 and 2002 No. 213), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206, 239, 246, 283, 284, 285 and 291; Act No. 128, 2001; Statutory Rules 2001 No. 344; 2002 Nos. 10, 86, 121, 129 (disallowed by the Senate on 19 June 2002), 213, 230, 299, 323, 347, 348 and 354; Act No. 5, 2003; Statutory Rules 2003 Nos. 57, 94, 106, 122, 154 and 224.

2. Notified in the Commonwealth of Australia Gazette on 18 September 2003.

 
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