Migration Amendment Regulations 2003 (No. 9) (Cth)

Migration Amendment Regulations 2003 (No. 9)1
Statutory Rules 2003 No. 2962

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 20 November 2003
P. M. JEFFERY
Governor-General
By His Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs

1Name of Regulations

These Regulations are the Migration Amendment Regulations 2003 (No. 9).

2Commencement

These Regulations commence on 1 December 2003.

3Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

4Transitional

The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 December 2003.

Schedule 1Amendments

(regulation 3)

[1]Regulation 1.03, definition of education sector, paragraphs (e) and (f)
substitute
(e)
Postgraduate Research sector;
(f)
Non-Award sector;
[2]Regulation 1.03, definition of exchange student
omit
[3]Regulation 1.03, after definition of school-age dependant
insert
secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by:
(a)
the State or Territory education authority that administers the program; and
(b)
the Education Minister.

[4]Subregulation 1.12 (1)

after
subregulations (2),
insert
(2A),

[5]After subregulation 1.12 (2)

insert
(2A)
A person is a member of the family unit of a holder of a Student (Temporary) (Class TU) visa if the person is:
(a)
a spouse of the holder; or
(b)
a dependent child of the holder, or of that spouse, who is unmarried and has not turned 18.

[6]Paragraph 1.15A (2) (d)

after
a permanent visa,
insert
a Student (Temporary) (Class TU) visa,

[7]Subregulation 1.44 (2)

substitute
(2)
For Parts 573 and 574 of Schedule 2, the Minister may specify by Gazette Notice a course of study that is not conducted in English as a course:
(a)
in relation to which the applicant need not give evidence of his or her English language proficiency; and
(b)
that is relevant to an application for:
(i)
a Subclass 573 (Higher Education Sector) visa, in circumstances in which the applicant is enrolled in a masters degree by coursework; or
(ii)
a Subclass 574 (Postgraduate Research Sector) visa.

[8]Schedule 1, subparagraph 1128BA (3) (e) (ii)

omit
574 (Masters and Doctorate Sector) visa
insert
574 (Postgraduate Research Sector) visa

[9]Schedule 1, subparagraph 1128BA (3) (e) (v)

substitute
(v)
a Subclass 575 (Non-Award Sector) visa; or

[10]Schedule 1, subparagraph 1128CA (3) (f) (ii)

omit
574 (Masters and Doctorate Sector) visa
insert
574 (Postgraduate Research Sector) visa

[11]Schedule 1, subparagraph 1128CA (3) (f) (v)

substitute
(v)
a Subclass 575 (Non-Award Sector) visa; or

[12]Schedule 1, subparagraph 1212A (3) (d) (iii)

omit
574 (Masters and Doctorate Sector) visa
insert
574 (Postgraduate Research Sector) visa

[13]Schedule 1, subparagraph 1212A (3) (d) (vi)

substitute
(vi)
a Subclass 575 (Non-Award Sector) visa; or

[14]Schedule 1, paragraph 1222 (1) (b)

after
that is subject to condition 8101
insert
or 8104

[15]Schedule 1, paragraph 1222 (1) (ba)

after
that is subject to condition 8101
insert
or 8104

[16]Schedule 1, paragraph 1222 (3) (d)

substitute
(d)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a student visa may be made at the same time and place as, and combined with, the application by that person.

[17]Schedule 1, subitem 1222 (4)

omit
574 Masters and Doctorate Sector
575 Non-award Foundation/Other Sector
insert
574 Postgraduate Research Sector
575 Non-Award Sector

[18]Schedule 2, Division 570.1

substitute

570.1Interpretation

570.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[19]Schedule 2, clause 570.229

substitute
570.229 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

[20]Schedule 2, clause 570.232

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[21]Schedule 2, subclause 570.321 (1)

omit
570.331.
insert
570.332.
[22]Schedule 2, subparagraph 570.321 (2) (b) (ii)
omit
570.331.
insert
570.332.

[23]Schedule 2, after clause 570.331

insert

570.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

[24]Schedule 2, paragraph 570.611 (1) (a)

after
8501,
insert
8516,

[25]Schedule 2, subparagraph 570.616 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[26]Schedule 2, Division 571.1

substitute

571.1Interpretation

571.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[27]Schedule 2, subclause 571.221 (1)

omit
571.234.
insert
571.236.
[28]Schedule 2, subparagraph 571.221 (2) (b) (ii)
omit
571.234.
insert
571.236.
[29]Schedule 2, subparagraph 571.221 (3) (b) (ii)

omit
571.234.
insert
571.236.

[30]Schedule 2, clause 571.231

omit
, 4 or 5

[31]Schedule 2, clause 571.232

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[32]Schedule 2, after clause 571.234

insert
571.235 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.
571.236 If the applicant is not a secondary exchange student, the year or level of school study that the applicant intends to undertake must not be a year or level that is more than 18 months below a year or level that the applicant has previously undertaken in Australia or another country.

[33]Schedule 2, subclause 571.321 (1)

omit
571.331.
insert
571.332.
[34]Schedule 2, subparagraph 571.321 (2) (b) (ii)
omit
571.331.
insert
571.332.

[35]Schedule 2, after clause 571.331

insert

571.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.
(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

[36]Schedule 2, paragraph 571.611 (1) (a)

after
8501,
insert
8516,

[37]Schedule 2, subparagraph 571.613 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[38]Schedule 2, Division 572.1

substitute

572.1Interpretation

572.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[39]Schedule 2, subclause 572.221 (1)

omit
572.233.
insert
572.234.
[40]Schedule 2, subparagraph 572.221 (2) (b) (ii)
omit
572.233.
insert
572.234.
[41]Schedule 2, subparagraph 572.221 (3) (b) (ii)
omit
572.233.
insert
572.234.

[42]Schedule 2, clause 572.231

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[43]Schedule 2, after clause 572.233

insert
572.234 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

[44]Schedule 2, subclause 572.321 (1)

omit
572.331.
insert
572.332.
[45]Schedule 2, subparagraph 572.321 (2) (b) (ii)
omit
572.331.
insert
572.332.

[46]Schedule 2, after clause 572.331

insert

572.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.
(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

[47]Schedule 2, paragraph 572.611 (1) (a)

after
8501,
insert
8516,

[48]Schedule 2, subparagraph 572.616 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[49]Schedule 2, Division 573.1

substitute

573.1Interpretation

573.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[50]Schedule 2, paragraph 573.211 (4) (a)

substitute
(a)
the applicant is the holder of:
(i)
a Subclass 560, 562 or 573 visa that is subject to condition 8101; or
(ii)
a Subclass 574 visa that is subject to condition 8101 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

[51]Schedule 2, paragraph 573.211 (5) (a)

substitute
(a)
the applicant is the holder of:
(i)
a Subclass 560, 562 or 573 visa that is subject to condition 8206; or
(ii)
a Subclass 574 visa that is subject to condition 8206 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

[52]Schedule 2, subclause 573.221 (1)

omit
573.233.
insert
573.234.
[53]Schedule 2, subparagraph 573.221 (2) (b) (ii)
omit
573.233.
insert
573.234.
[54]Schedule 2, subparagraph 573.221 (3) (b) (ii)
omit
573.233.
insert
573.234.

[55]Schedule 2, clause 573.231

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[56]Schedule 2, after clause 573.233

insert
573.234 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

[57]Schedule 2, paragraph 573.312 (4) (a)

substitute
(a)
the applicant is the holder of a Subclass 560, 563, 573 or 574 visa that:
(i)
for a holder of a Subclass 574 visa — was granted on the basis that:
(A)
the applicant was a member of the family unit of a person (the primary person) who satisfied the primary criteria in Division 574.2; and
(B)
the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(ii)
for all holders — is subject to condition 8101 or 8104; and

[58]Schedule 2, paragraph 573.312 (4) (c)

omit
or 573
insert
, 573 or 574

[59]Schedule 2, paragraph 573.312 (4) (d)

omit
or 573
insert
, 573 or 574

[60]Schedule 2, paragraph 573.312 (5) (b)

substitute
(b)
the applicant is a member of the family unit of a person (the primary person) who:
(i)
holds a Subclass 560, 562 or 573 visa, having satisfied the primary criteria for that visa; or
(ii)
holds a Subclass 574 visa that was granted on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework.

[61]Schedule 2, subclause 573.321 (1)

omit
573.331.
insert
573.332.
[62]Schedule 2, subparagraph 573.321 (2) (b) (ii)
omit
573.331.
insert
573.332.

[63]Schedule 2, after clause 573.331

insert

573.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is:
(i)
the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or

(ii)
the holder of a Subclass 574 visa, granted:
(A)
on or after 1 December 2003; and
(B)
on the basis of satisfying the primary criteria in Division 574.2; and
(C)
on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.
(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is:
(i)
the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or
(ii)
the holder of a Subclass 574 visa, granted:
(A)
on or after 1 December 2003; and
(B)
on the basis of satisfying the primary criteria in Division 574.2; and
(C)
on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

[64]Schedule 2, paragraph 573.611 (1) (a)

after
8501,
insert
8516,

[65]Schedule 2, subparagraph 573.616 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[66]Schedule 2, subclause 573.617 (1)

omit
If the applicant
insert
Subject to subclause (3), if the applicant

[67]Schedule 2, subparagraph 573.617 (1) (b) (i)

omit
or 573
insert
, 573 or 574

[68]Schedule 2, subclause 573.617 (2)

omit
If the applicant
insert
Subject to subclause (3), if the applicant

[69]Schedule 2, after subclause 573.617 (2)

insert
(3) Conditions 8101 and 8104 are not imposed on a visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of an applicant (the primary applicant) who satisfies the primary criteria for a Subclass 560, 562, 573 or 574 visa:
(a)
if:
(i)
the application was made in Australia; and
(ii)
at the time of application, the secondary applicant was the holder of a Subclass 560, 563, 573 or 574 visa that was not subject to condition 8101, 8104 or 8105; and
(iii)
the primary applicant has commenced a course of study for the award of a masters degree by coursework; and
(iv)
the primary applicant is continuing that course of study; or
(b)
if:
(i)
the application was made in Australia; and
(ii)
the secondary applicant meets the requirements of subclause 573.312 (4); and
(iii)
the primary applicant has commenced a course of study for the award of a masters degree by coursework; and
(iv)
the primary applicant is continuing that course of study.

[70]Schedule 2, Part 574, heading

substitute

Subclass 574Postgraduate Research Sector

[71]Schedule 2, Division 574.1

substitute

574.1Interpretation

574.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[72]Schedule 2, subclause 574.221 (1)

omit
574.233.
insert
574.234.
[73]Schedule 2, subparagraph 574.221 (2) (b) (ii)
omit
574.233.
insert
574.234.
[74]Schedule 2, subparagraph 574.221 (3) (b) (ii)
omit
574.233.
insert
574.234.

[75]Schedule 2, clause 574.231

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[76]Schedule 2, after clause 574.233

insert
574.234 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

[77]Schedule 2, paragraph 574.312 (4) (a)

after
8101
insert
or 8104

[78]Schedule 2, subclause 574.321 (1)

omit
574.331.
insert
574.332.
[79]Schedule 2, subparagraph 574.321 (2) (b) (ii)
omit
574.331.
insert
574.332.

[80]Schedule 2, after clause 574.331

insert

574.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(iii)
the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.
(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(iii)
the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.

[81]Schedule 2, paragraph 574.611 (1) (a)

after
8501,
insert
8516,

[82]Schedule 2, subparagraph 574.616 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[83]Schedule 2, paragraph 574.616 (1) (d)

omit
clause 574.617,
insert
clauses 574.617 and 574.618,

[84]Schedule 2, clause 574.617

substitute
574.617 Conditions 8101 and 8104 are not imposed on a student visa granted to a person (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of a person (the primary person) who satisfies the primary criteria for a Subclass 574 visa:
(a)
if the application was made in Australia, and the secondary applicant is the holder of a Subclass 560, 563 or 574 visa that is not subject to condition 8101, 8104 or 8105; or
(b)
if:
(i)
the application was made in Australia, and the secondary applicant meets the requirements of subclause 574.312 (4); and
(ii)
the primary person has commenced a course of study for the award of a masters or a doctorate degree.
574.618 Subject to clause 574.617, condition 8104 is imposed on a student visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of another person (the primary person) if:
(a)
the application was made in Australia and, at the time of application, the secondary applicant was the holder of a student visa that was subject to condition 8104; or
(b)
the application was made in Australia and:
(i)
at the time of application, the secondary applicant was the holder of a Subclass 560, 563 or 574 visa; and
(ii)
the secondary applicant meets the requirements of subclause 574.312 (4).

[85]Schedule 2, Part 575, heading

substitute

Subclass 575Non-Award Sector

[86]Schedule 2, Division 575.1

substitute

575.1Interpretation

575.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[87]Schedule 2, subclause 575.221 (1)

omit
575.233.
insert
575.234.
[88]Schedule 2, subparagraph 575.221 (2) (b) (ii)
omit
575.233.
insert
575.234.
[89]Schedule 2, subparagraph 575.221 (3) (b) (ii)
omit
575.233.
insert
575.234.

[90]Schedule 2, clause 575.231

omit
has been offered a place in,
insert
is the subject of a current offer of enrolment in,

[91]Schedule 2, after clause 575.233

insert
575.234 If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
(a)
for an applicant who is subject to assessment level 3 — 60 weeks; or
(b)
for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

[92]Schedule 2, subclause 575.321 (1)

omit
575.331.
insert
575.332.
[93]Schedule 2, subparagraph 575.321 (2) (b) (ii)
omit
575.331.
insert
575.332.

[94]Schedule 2, after clause 575.331

insert

575.332 (1) If the applicant:

(a)
is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(2) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and
(b)
was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.
(3) If the applicant:
(a)
is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and
(b)
was not included in the application for a student visa made by the primary person;
the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(4) This subclause applies to a primary person who:
(a)
is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
was, at the time of the decision to grant the visa:
(i)
fully funded; or
(ii)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:
(A)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(B)
an organisation specified by the Minister in a Gazette Notice for this paragraph.

[95]Schedule 2, paragraph 575.611 (1) (a)

after
8501,
insert
8516,

[96]Schedule 2, subparagraph 575.616 (1) (a) (i)

substitute
(i)
conditions 8501 and 8516; and

[97]Schedule 2, Division 576.1

substitute

576.1Interpretation

576.111 In this Part:

course fees has the same meaning as in Schedule 5A.
fully funded has the same meaning as in Schedule 5A.
living costs has the same meaning as in Schedule 5A.
travel costs has the same meaning as in Schedule 5A.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

[98]Schedule 2, subclause 576.221 (1)

omit
576.231.
insert
576.232.
[99]Schedule 2, subparagraph 576.221 (2) (b) (ii)
omit
576.231.
insert
576.232.
[100]Schedule 2, subparagraph 576.221 (3) (b) (ii)
omit
576.231.
insert
576.232.

[101]Schedule 2, after clause 576.231

insert
576.232 If the applicant is subject to assessment level 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 40 weeks.

[102]Schedule 2, paragraph 576.312 (4) (a)

after
8101
insert
or 8104

[103]Schedule 2, subclause 576.321 (1)

omit
576.332.
insert
576.333.
[104]Schedule 2, subparagraph 576.321 (2) (b) (ii)
omit
576.332.
insert
576.333.

[105]Schedule 2, clause 576.326

omit

[106]Schedule 2, after clause 576.332

insert

576.333 (1) If:

(a)
the applicant is a member of the family unit of a person (the primary person) who is the holder of a Subclass 576 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Subdivision 576.21; and
(b)
the primary person was subject to assessment level 2 at the time of the decision to grant the visa; and
(c)
the applicant was not included in the application for a student visa made by the primary person;
the applicant must give evidence in accordance with Schedule 5B for assessment level 2.
(2) If the applicant meets subclause (1), the Minister must also be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

[107]Schedule 2, paragraph 576.611 (1) (a)

after
8501,
insert
8516,
[108]Schedule 2, subparagraph 576.613 (1) (a) (i)
substitute
(i)
conditions 8501 and 8516; and

[109]Schedule 2, subclause 576.614 (1)

omit
If the applicant
insert
Subject to subclause (3), if the applicant

[110]Schedule 2, subclause 576.614 (2)

omit
If the applicant
insert
Subject to subclause (3), if the applicant

[111]Schedule 2, after subclause 576.614 (2)

insert
(3) Conditions 8101 and 8104 are not imposed on a visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of another person (the primary person) who satisfies the primary criteria for a Subclass 576 visa:
(a)
if:
(i)
the application is made in Australia; and
(ii)
at the time of application, the secondary applicant was the holder of a Subclass 560, 563 or 576 visa that was not subject to condition 8101, 8104 or 8105; and
(iii)
the primary person has commenced a course of study for the award of a masters or doctorate degree; and
(iv)
the primary person is continuing that course of study; or
(b)
if:
(i)
the application is made in Australia; and
(ii)
the secondary applicant meets the requirements of subclause 576.312 (4); and
(iii)
the primary person has commenced a course of study for the award of a masters or doctorate degree; and
(iv)
the primary person is continuing that course of study.
[112]Schedule 5A, clause 5A101, definition of first 12 months, subparagraph (a) (i)
omit
Australia; and
insert
Australia; or
[113]Schedule 5A, clause 5A101, after definition of first 12 months
insert
first 24 months, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 24 months after the beginning of the period;
(ii)
the last day of the applicant’s proposed stay in Australia.
first 36 months, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 36 months after the beginning of the period;
(ii)
the last day of the applicant’s proposed stay in Australia.
[114]Schedule 5A, clause 5A101, after definition of fully funded
insert
foundation course means a course that is registered at the level of foundation studies.
[115]Schedule 5A, clause 5A101, definition of value
omit

[116]Schedule 5A, paragraph 5A103 (1) (b)

omit
a government
insert
the government

[117]Schedule 5A, clause 5A104

substitute

5A104Meaning of living costs and school costs

(1)
An applicant’s living costs for a period are taken to accrue at the sum of the rates set out in the following table:

Item	Description of applicant	Rate
1	Applicant who is subject to assessment level 2, 3 or 4, and who is: (a) fully funded; or (b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by: (i) a provincial or state government in a foreign country, with the written support of the government of that country; or (ii) an organisation specified by the Minister in a Gazette Notice for this clause; or (c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government	(a) $12 000 per year (the basic rate); and (b) if the applicant has a spouse who is a family applicant — 35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant — 20% of the basic rate; and (d) if the applicant has any further dependent children who are family applicants — 15% of the basic rate for each such child

Item

Description of applicant

Rate

Applicant who is subject to assessment level 2, 3 or 4, and who is:

(a)
fully funded; or
(b)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
1. (i)
  a provincial or state government in a foreign country, with the written support of the government of that country; or
2. (ii)
  an organisation specified by the Minister in a Gazette Notice for this clause; or
(c)
the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government

(a)
$12 000 per year (the basic rate); and
(b)
if the applicant has a spouse who is a family applicant — 35% of the basic rate; and
(c)
if the applicant has a dependent child who is a family applicant — 20% of the basic rate; and
(d)
if the applicant has any further dependent children who are family applicants — 15% of the basic rate for each such child

2	Applicant: (a) who is subject to assessment level 3 or 4; and (b) who is not funded, wholly or partly, by: (i) the Commonwealth Government, or the government of a State or Territory; or (ii) the government of a foreign country; or (iii) a multilateral agency; and (c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and (d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months	(a) $12 000 per year (the basic rate); and (b) if the applicant has a spouse who is a family applicant — 35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant — 20% of the basic rate; and (d) if the applicant has any further dependent children who are family applicants — 15% of the basic rate for each such child
3	Applicant who: (a) is subject to assessment level 2; and (b) has the support of the AusAID Minister or the Defence Minister	(a) $12 000 per year (the basic rate); and (b) if the applicant has a spouse who is a family applicant — 35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant — 20% of the basic rate; and
(d) if the applicant has any further dependent children who are family applicants — 15% of the basic rate for each such child
4	Applicant to whom items 1, 2 and 3 do not apply	(a) $12 000 per year (the basic rate); and (b) if the applicant has a spouse — 35% of the basic rate; and (c) if the applicant has a dependent child — 20% of the basic rate; and (d) if the applicant has any further dependent children — 15% of the basic rate for each such child

(2)
An applicant’s school costs are taken to accrue at the sum of the rates set out in the following table:

Item	Description of applicant	Rate
1	Applicant who is subject to assessment level 2, 3 or 4, and who is: (a) fully funded; or (b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by: (i) a provincial or state government in a foreign country, with the written support of the government of that country; or (ii) an organisation specified by the Minister in a Gazette Notice for this clause; or (c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government	$8 000 per year for each child who is: (a) a school-age dependant at the time; and (b) a family applicant
2	Applicant: (a) who is subject to assessment level 3 or 4; and (b) who is not funded, wholly or partly, by: (i) the Commonwealth Government, or the government of a State or Territory; or (ii) the government of a foreign country; or (iii) a multilateral agency; and (c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and	$8 000 per year for each child who is: (a) a school-age dependant at the time; and (b) a family applicant
(d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months
3	Applicant who: (a) is subject to assessment level 2; and (b) has the support of the AusAID Minister or the Defence Minister	$8 000 per year for each child who is: (a) a school-age dependant at the time; and (b) a family applicant
4	Applicant to whom items 1, 2 and 3 do not apply	$8 000 per year for each child who is a school-age dependant at the time (whether or not the child is a family applicant)

[118]Schedule 5A, clause 5A105

omit

[119]Schedule 5A, subclause 5A205 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[120]Schedule 5A, paragraph 5A205 (1) (a)

omit
the full period:
insert
the first 36 months:

[121]Schedule 5A, after paragraph 5A205 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 36 months; and

[122]Schedule 5A, after subclause 5A205 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[123]Schedule 5A, subclause 5A205 (2), definition of acceptable individual, paragraph (e)
omit
sisters.
insert
sisters;
[124]Schedule 5A, subclause 5A205 (2), definition of acceptable individual, after paragraph (e)
insert
(f)
an uncle or aunt of the applicant who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.

[125]Schedule 5A, subclause 5A205 (2), after definition of acceptable individual
insert
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

[126]Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, paragraph (b)
omit
(such as a scholarship)
[127]Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, subparagraph (b) (iii)
omit
agency.
insert
agency; or
[128]Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, after subparagraph (b) (iii)
insert
(iv)
the applicant’s proposed education provider; or
(v)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi)
an organisation specified by the Minister in a Gazette Notice for this subparagraph;

[129]Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, after paragraph (b)
insert
(c)
a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d)
a loan from the government of the applicant’s home country.

[130]Schedule 5A, subclause 5A208 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[131]Schedule 5A, paragraph 5A208 (1) (a)

omit
the full period:
insert
the first 24 months:

[132]Schedule 5A, after paragraph 5A208 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

[133]Schedule 5A, after subclause 5A208 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[134]Schedule 5A, subclause 5A208 (2), definition of acceptable individual
substitute
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

[135]Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (a)
omit
an acceptable individual
insert
the applicant, or an individual who is providing support to the applicant,
[136]Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (b)
omit
an acceptable individual;
insert
the applicant or an individual who is providing support to the applicant;
[137]Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (d)
omit
(such as a scholarship)
[138]Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, subparagraph (d) (iv)
omit
agency.
insert
agency; or
[139]Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, after subparagraph (d) (iv)
insert
(v)
the applicant’s proposed education provider; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[140]Schedule 5A, subclause 5A211 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[141]Schedule 5A, paragraph 5A211 (1) (c)

substitute
(c)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

[142]Schedule 5A, subclause 5A211 (2)

substitute
(1A)
If the applicant is:
(a)
fully funded; or
(b)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2)
In this clause, funds from an acceptable source does not include the value of an item of property.

[143]Schedule 5A, clause 5A303

omit
If the applicant
insert
(1)
If the applicant

[144]Schedule 5A, paragraph 5A303 (d)

substitute
(d)
he or she was, or will be:
(i)
if proposing to undertake year 9 studies — less than 17 years old when commencing Year 9; and
(ii)
if proposing to undertake year 10 studies — less than 18 years old when commencing Year 10; and
(iii)
if proposing to undertake year 11 studies — less than 19 years old when commencing Year 11; and
(iv)
if proposing to undertake year 12 studies — less than 20 years old when commencing Year 12.

[145]Schedule 5A, clause 5A303

insert
(2)
The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.

[146]Schedule 5A, clause 5A304

substitute

5A304English language proficiency

(1)
An applicant:
(a)
who is a secondary exchange student; or
(b)
who is in Australia at time of application; or
(c)
who is:
(i)
outside Australia at time of application; and
(ii)
less that 16 years old at time of application; or
(d)
who:
(i)
applies before 1 April 2004; and
(ii)
is outside Australia at time of application; and
(iii)
is at least 16 years old at time of application; or
(e)
who has undertaken at least 5 years of study in English in 1 or more of the following countries:
(i)
Australia;
(ii)
Canada;
(iii)
New Zealand;
(iv)
South Africa;
(v)
the Republic of Ireland;
(vi)
the United Kingdom;
(vii)
the United States of America;
must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

(2)
An applicant who:
(a)
is not a secondary exchange student; and
(b)
will undertake an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 30 weeks.
(3)
An applicant:
(a)
to whom subclause (1) does not apply; and

(b)
who is not undertaking an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the time of making the decision on the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102.
(4)
An applicant:
(a)
to whom subclause (1) does not apply; and
(b)
is undertaking an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the time of making the decision on the application, an Overall Band Score of at least 4.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102.
(5)
The Minister may waive the requirements of subclause (3) or (4).
(6)
If the Minister proposes to waive the requirements of subclause (3) or (4) in relation to an application made by a PRC applicant, the Minister must be satisfied of the matters in subclause (7) or (8).
(7)
For subclause (6), the Minister:
(a)
must be satisfied that:

(i)
the PRC applicant has achieved satisfactory results in an English language proficiency test conducted under appropriate test conditions, other than:
(A)
an IELTS test; or
(B)
an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii)
the PRC applicant has a written statement from the education provider of the PRC applicant’s proposed principal course, supporting the waiver of the requirements of the subclause; or
(b)
must be satisfied that:
(i)
the PRC applicant has been accepted into the academic stream in the senior secondary school system of the PRC; and
(ii)
the PRC applicant has achieved a result of at least 75% in English language studies for the PRC applicant’s Certificate of Graduation from Junior Secondary School; and
(iii)
the PRC applicant has a written statement from the education provider of the PRC applicant’s proposed principal course, supporting the waiver of the requirements of the subclause.
(8)
For subclause (6), the Minister:
(a)
must be satisfied that:
(i)
the PRC applicant has achieved satisfactory results in an English language proficiency test conducted under appropriate test conditions, other than:
(A)
an IELTS test; or
(B)
an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii)
the application was made by a PRC applicant, and lodged by an agent of the education provider; and
(iii)
the education provider has nominated the agent to represent the provider; and
(iv)
the agent and the education provider have a written agreement under which the agent represents the provider; and
(v)
the agent has lodged at least 10 applications made by PRC applicants in the financial year ending before the start of the designated period in which the current application is made; and
(vi)
at least 70% of the applications that were lodged by the agent for PRC applicants, and decided in the financial year ending before the start of the designated period in which the current application is made, resulted in the grant of Subclass 571 visas; and
(vii)
the agent agrees to give the education provider information, each month, about:
(A)
the number of applications that the agent lodges that were made by PRC students who have been offered a place in a principal course provided by the provider; and
(B)
the results of those applications; and

(viii)
the agent agrees to the Minister giving the education provider information about:
(A)
the number of applications that the agent lodges that were made by PRC students (including PRC students who were offered a place in a principal course provided by the provider); and
(B)
the results of those applications; or
(b)
must be satisfied that:
(i)
the PRC applicant has been accepted into the academic stream in the senior secondary school system of the PRC; and
(ii)
the PRC applicant has achieved a result of at least 75% in English language studies for the PRC applicant’s Certificate of Graduation from Junior Secondary School; and
(iii)
the application was made by a PRC applicant, and lodged by an agent of the education provider; and
(iv)
the education provider has nominated the agent to represent the provider; and
(v)
the agent and the education provider have a written agreement under which the agent represents the provider; and
(vi)
the agent has lodged at least 10 applications made by PRC applicants in the financial year ending before the start of the designated period in which the current application is made; and
(vii)
at least 70% of the applications that were lodged by the agent for PRC applicants, and decided in the financial year ending before the start of the designated period in which the current application is made, resulted in the grant of Subclass 571 visas; and
(viii)
the agent agrees to give the education provider information, each month, about:
(A)
the number of applications that the agent lodges that were made by PRC students who have been offered a place in a principal course provided by the provider; and
(B)
the results of those applications; and
(ix)
the agent agrees to the Minister giving the education provider information about:
(A)
the number of applications that the agent lodges that were made by PRC students (including PRC students who were offered a place in a principal course provided by the provider); and

(B)
the results of those applications.
(9)
In this clause:
designated period means:
(a)
the period of 12 months starting on 1 April in a year; or
(b)
another period determined by the Minister in writing for this paragraph.
education provider means the education provider of the PRC applicant’s proposed principal course.
PRC applicant means a PRC citizen who:
(a)
is in the PRC; and
(b)
is not in the Hong Kong Special Administrative Region or the Macau Special Administrative Region; and
(c)
has applied to undertake, as a principal course, a course gazetted under regulation 1.40A for Subclass 571 visas.

[147]Schedule 5A, subclause 5A305 (1)

omit
the applicant must give evidence that:
insert
the applicant must give evidence, in accordance with this clause, that:

[148]Schedule 5A, paragraph 5A305 (1) (a)

omit
the full period:
insert
the first 36 months:
[149]Schedule 5A, paragraphs 5A305 (1) (b) and (c)
substitute
(b)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 36 months; and

[150]Schedule 5A, after subclause 5A305 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[151]Schedule 5A, subclause 5A305 (2), definition of acceptable individual, paragraph (e)
omit
sisters.
insert
sisters;
[152]Schedule 5A, subclause 5A305 (2), definition of acceptable individual, after paragraph (e)
insert
(f)
an uncle or aunt of the applicant who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.

[153]Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, paragraph (a)
substitute
(a)
if the applicant:
(i)
has successfully completed at least 75% of the requirements for his or her principal course; and
(ii)
has applied for the visa in order to complete the course; and
(iii)
does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa)
if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[154]Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, subparagraph (d) (iv)
omit
agency.
insert
agency; or
[155]Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, after subparagraph (d) (iv)
insert
(v)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[156]Schedule 5A, clause 5A306

omit
If the applicant
insert
(1)
If the applicant

[157]Schedule 5A, subparagraph 5A306 (a) (iii)

substitute
(iii)
he or she was, or will be:
(A)
if proposing to undertake year 9 studies — less than 17 years old when commencing Year 9; and
(B)
if proposing to undertake year 10 studies — less than 18 years old when commencing Year 10; and
(C)
if proposing to undertake year 11 studies — less than 19 years old when commencing Year 11; and
(D)
if proposing to undertake year 12 studies — less than 20 years old when commencing Year 12; or

[158]Schedule 5A, clause 5A306

insert
(2)
The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.

[159]Schedule 5A, subclause 5A308 (1)

omit
the applicant must give evidence that:
insert
the applicant must give, in accordance with this clause, evidence that:

[160]Schedule 5A, paragraph 5A308 (1) (a)

omit
the full period:
insert
the first 24 months:

[161]Schedule 5A, after paragraph 5A308 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

[162]Schedule 5A, after subclause 5A308 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

[163]Schedule 5A, paragraph 5A308 (2) (a)

substitute
(a)
if the applicant:
(i)
has successfully completed at least 75% of the requirements for his or her principal course; and
(ii)
has applied for the visa in order to complete the course; and
(iii)
does not propose to undertake any further course;
a money deposit held by the applicant or a person providing support to the applicant;
(aa)
if paragraph (a) does not apply — a money deposit that the applicant, or a person providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

[164]Schedule 5A, subparagraph 5A308 (2) (d) (v)

omit
agency.
insert
agency; or
[165]Schedule 5A, after subparagraph 5A308 (2) (d) (v)
insert
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[166]Schedule 5A, subparagraph 5A309 (a) (iii)

substitute
(iii)
he or she was, or will be:
(A)
if proposing to undertake year 9 studies — less than 17 years old when commencing Year 9; and
(B)
if proposing to undertake year 10 studies — less than 18 years old when commencing Year 10; and
(C)
if proposing to undertake year 11 studies — less than 19 years old when commencing Year 11; and
(D)
if proposing to undertake year 12 studies — less than 20 years old when commencing Year 12; or

[167]Schedule 5A, subclause 5A311 (1)

omit
the applicant must give:
insert
the applicant must give, in accordance with this clause:

[168]Schedule 5A, paragraph 5A311 (1) (c)

omit
his or her expected stay in Australia.
insert
the applicant’s proposed stay in Australia after the first 12 months.

[169]Schedule 5A, subclause 5A311 (2)

substitute
(1A)
If the applicant is:
(a)
fully funded; or
(b)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2)
In this clause, funds from an acceptable source does not include the value of an item of property.

[170]Schedule 5A, paragraph 5A404 (e)

omit
clause 5A102.
insert
clause 5A102;

[171]Schedule 5A, after paragraph 5A404 (e)

insert
(f)
the applicant has:
(i)
a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii)
at least 5 years of study in English undertaken in 1 or more of the following countries:
(A)
Australia;
(B)
Canada;
(C)
New Zealand;
(D)
South Africa;
(E)
the Republic of Ireland;
(F)
the United Kingdom;
(G)
the United States of America.

[172]Schedule 5A, subclause 5A405 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[173]Schedule 5A, paragraph 5A405 (1) (a)

omit
the full period:
insert
the first 36 months:

[174]Schedule 5A, after paragraph 5A405 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 36 months; and

[175]Schedule 5A, after subclause 5A405 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[176]Schedule 5A, subclause 5A405 (2), definition of acceptable individual, paragraph (e)
omit
sisters.
insert
sisters;
[177]Schedule 5A, subclause 5A405 (2), definition of acceptable individual, after paragraph (e)
insert
(f)
an uncle or aunt of the applicant who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.
[178]Schedule 5A, subclause 5A405 (2), after definition of acceptable individual
insert
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[179]Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, paragraph (a)
substitute
(a)
if the applicant:
(i)
has successfully completed at least 75% of the requirements for his or her principal course; and
(ii)
has applied for the visa in order to complete the course; and
(iii)
does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa)
if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[180]Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, paragraph (b)
omit
(such as a scholarship)
[181]Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, subparagraph (b) (v)
omit
agency.
insert
agency; or
[182]Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, after subparagraph (b) (v)
insert
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph;
[183]Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, after paragraph (b)
insert
(c)
a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d)
a loan from the government of the applicant’s home country.

[184]Schedule 5A, subclause 5A406 (2)

substitute
(2)
In this clause, vocational education and training course means a vocational education and training course that:
(a)
leads to the award of a qualification from the Australian Qualification Framework at the diploma level; or
(b)
leads to the award of a qualification from the Australian Qualification Framework at the advanced diploma level; or
(c)
is a course of at least 1 year’s duration that leads to the award of a qualification from the Australian Qualification Framework at the Certificate IV level.

[185]Schedule 5A, paragraph 5A407 (e)

omit
clause 5A102.
insert
clause 5A102;

[186]Schedule 5A, after paragraph 5A407 (e)

insert
(f)
the applicant has:
(i)
a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii)
at least 5 years of study in English undertaken in 1 or more of the following countries:
(A)
Australia;
(B)
Canada;
(C)
New Zealand;
(D)
South Africa;
(E)
the Republic of Ireland;
(F)
the United Kingdom;
(G)
the United States of America.

[187]Schedule 5A, subclause 5A408 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[188]Schedule 5A, paragraph 5A408 (1) (a)

omit
the full period:
insert
the first 24 months:

[189]Schedule 5A, after paragraph 5A408 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

[190]Schedule 5A, after subclause 5A408 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[191]Schedule 5A, subclause 5A408 (2), definition of acceptable individual
substitute
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[192]Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (a)
substitute
(a)
if the applicant:
(i)
has successfully completed at least 75% of the requirements for his or her principal course; and
(ii)
has applied for the visa in order to complete the course; and
(iii)
does not propose to undertake any further course;
a money deposit held by the applicant or an individual who is providing support to the applicant;
(aa)
if paragraph (a) does not apply — a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
[193]Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (b)
omit
an acceptable individual;
insert
the applicant or an individual who is providing support to the applicant;
[194]Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (d)
omit
(such as a scholarship)
[195]Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
agency.
insert
agency; or
[196]Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
insert
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[197]Schedule 5A, subclause 5A411 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[198]Schedule 5A, paragraph 5A411 (1) (c)

omit
his or her expected stay in Australia.
insert
the applicant’s proposed stay in Australia after the first 12 months.

[199]Schedule 5A, subclause 5A411 (2)

substitute
(1A)
If the applicant is:
(a)
fully funded; or
(b)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2)
In this clause, funds from an acceptable source does not include the value of an item of property.

a money deposit held by an acceptable individual;
(aa)
if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[231]Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, paragraph (d)
omit
(such as a scholarship)
[232]Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
agency.
insert
agency; or
[233]Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
insert
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[234]Schedule 5A, paragraph 5A607 (2) (e)

omit
clause 5A102.
insert
clause 5A102;

[235]Schedule 5A, after paragraph 5A607 (2) (e)

insert
(f)
the applicant has:
(i)
a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii)
at least 5 years of study in English undertaken in 1 or more of the following countries:
(A)
Australia;
(B)
Canada;
(C)
New Zealand;
(D)
South Africa;
(E)
the Republic of Ireland;
(F)
the United Kingdom;
(G)
the United States of America.

[236]Schedule 5A, subclause 5A608 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[237]Schedule 5A, after subclause 5A608 (1)

insert
(1A)
If the applicant:
(a)
is fully funded; or
(b)
is an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(d)
holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

[238]Schedule 5A, subclause 5A608 (2)

substitute
(2)
In this clause:
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a)
a money deposit held by the applicant or by an individual who is providing support to the applicant;
(b)
a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c)
a loan from the government of the applicant’s home country;
(d)
financial support from:
(i)
the applicant’s proposed education provider; or
(ii)
the Commonwealth Government, or the government of a State or Territory; or
(iii)
the government of a foreign country; or
(iv)
a corporation that:
(A)
conducts commercial activities outside the country in which it is based; and
(B)
employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v)
a multilateral agency; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[239]Schedule 5A, subclause 5A611 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[240]Schedule 5A, paragraph 5A611 (1) (c)

omit
his or her expected stay in Australia.
insert
the applicant’s proposed stay in Australia after the first 12 months.

[241]Schedule 5A, subclause 5A611 (2)

substitute
(1A)
If the applicant:
(a)
is fully funded; or
(b)
is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(c)
holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2)
In this clause, funds from an acceptable source does not include the value of an item of property.

[242]Schedule 5A, paragraph 5A704 (e)

omit
clause 5A102.
insert
clause 5A102;

[243]Schedule 5A, after paragraph 5A704 (e)

insert
(f)
the applicant has:
(i)
a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii)
at least 5 years of study in English undertaken in 1 or more of the following countries:
(A)
Australia;
(B)
Canada;
(C)
New Zealand;
(D)
South Africa;
(E)
the Republic of Ireland;
(F)
the United Kingdom;
(G)
the United States of America.

[244]Schedule 5A, subclause 5A705 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[245]Schedule 5A, paragraph 5A705 (1) (a)

omit
the full period:
insert
the first 36 months:

[246]Schedule 5A, after paragraph 5A705 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 36 months; and

[247]Schedule 5A, after subclause 5A705 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[248]Schedule 5A, subclause 5A705 (2), definition of acceptable individual, paragraph (e)
omit
sisters.
insert
sisters;
[249]Schedule 5A, subclause 5A705 (2), definition of acceptable individual, after paragraph (e)
insert
(f)
an uncle or aunt of the applicant who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.
[250]Schedule 5A, subclause 5A705 (2), after definition of acceptable individual
insert
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[251]Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, paragraph (b)
omit
(such as a scholarship)
[252]Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, subparagraph (b) (iv)
omit
agency.
insert
agency; or
[253]Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, after subparagraph (b) (iv)
insert
(v)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi)
an organisation specified by the Minister in a Gazette Notice for this subparagraph;
[254]Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, after paragraph (b)
insert
(c)
a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d)
a loan from the government of the applicant’s home country.

[255]Schedule 5A, paragraph 5A707 (e)

omit
clause 5A102.
insert
clause 5A102;

[256]Schedule 5A, after paragraph 5A707 (e)

insert
(f)
the applicant has:
(i)
a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii)
at least 5 years of study in English undertaken in 1 or more of the following countries:
(A)
Australia;
(B)
Canada;
(C)
New Zealand;
(D)
South Africa;
(E)
the Republic of Ireland;
(F)
the United Kingdom;
(G)
the United States of America.

[257]Schedule 5A, subclause 5A708 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[258]Schedule 5A, paragraph 5A708 (1) (a)

omit
the full period:
insert
the first 24 months:

[259]Schedule 5A, after paragraph 5A708 (1) (a)

insert
(aa)
a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

[260]Schedule 5A, after subclause 5A708 (1)

insert
(1A)
If the applicant is:
(a)
fully funded; or
(b)
an applicant:
(i)
who is not funded, wholly or partly, by:
(A)
the Commonwealth Government, or the government of a State or Territory; or
(B)
the government of a foreign country; or
(C)
a multilateral agency; and
(ii)
who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii)
for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
[261]Schedule 5A, subclause 5A708 (2), definition of acceptable individual
substitute
financial support, from an applicant’s proposed education provider, means:
(a)
a scholarship that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the applicant’s course fees carried out in the following circumstances:
(i)
the applicant is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the applicant proposes to study full-time;
(iii)
the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[262]Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (a)
omit
an acceptable individual
insert
the applicant, or an individual who is providing support to the applicant,
[263]Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (b)
omit
an acceptable individual;
insert
the applicant or an individual who is providing support to the applicant;
[264]Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (d)
omit
(such as a scholarship)
[265]Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
agency.
insert
agency; or
[266]Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
insert
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.

[267]Schedule 5A, subclause 5A711 (1)

omit
The applicant must give:
insert
The applicant must give, in accordance with this clause:

[268]Schedule 5A, paragraph 5A711 (1) (c)

omit
his or her expected stay in Australia.
insert
the applicant’s proposed stay in Australia after the first 12 months.

[269]Schedule 5A, subclause 5A711 (2)

substitute
(1A)
If the applicant is:
(a)
fully funded; or
(b)
the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i)
a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii)
an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2)
In this clause, funds from an acceptable source does not include the value of an item of property.

[270]Schedule 5A, clause 5A802

omit
The applicant must give evidence that:
insert
The applicant must give evidence, in accordance with this clause, that:

[271]Schedule 5A, subclause 5A805 (2)

omit
the applicant must also give:
insert
the applicant must also give, in accordance with this clause:

[272]Schedule 5A, paragraph 5A805 (2) (c)

omit
his or her expected stay in Australia.
insert
the applicant’s proposed stay in Australia after the first 12 months; and

[273]Schedule 5A, after paragraph 5A805 (2) (c)

insert
(d)
the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

[274]After Schedule 5A

insert
Schedule 5BEvidentiary requirements for student visas — secondary applicants
(Schedule 2, clauses 570.332, 571.332, 572.332, 573.332, 574.332, 575.332 and 576.333)

Part 1Preliminary

5B101Definitions

In this Schedule:
course fees, for an applicant in relation to a period, means the fees for each course proposed to be undertaken by the primary person in the period, as indicated by the proposed education provider in a letter or other document.
family applicant means a member of the primary person’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the primary person.
financial institution means a body corporate that, as part of its normal activities:
(a)
takes money on deposit and makes advances of money; and
(b)
does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.
financial support, from the education provider or proposed education provider of a primary person who is the holder of a Subclass 570, 572, 573, 574 or 575 visa, means:
(a)
a scholarship awarded to the primary person that:
(i)
is awarded on the basis of merit and an open selection process; and
(ii)
is awarded to the primary person as a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii)
is awarded to the greater of:
(A)
not more than 10% of overseas students in a course intake; and
(B)
not more than 3 overseas students in a course intake; or
(b)
a waiver of the primary person’s course fees carried out in the following circumstances:
(i)
the primary person is part of an exchange program that involves:
(A)
a formal agreement between an education provider and an education institution in a foreign country; and
(B)
the reciprocal waiver of course fees as part of that agreement;
(ii)
the primary person is studying, or proposes to study, full-time;
(iii)
the primary person’s proposed studies will be credited to a course undertaken by the primary person in the primary person’s home country.
first 12 months, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 12 months after the beginning of the period;
(ii)
the last day of the applicant’s proposed stay in Australia.
first 24 months, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 24 months after the beginning of the period;
(ii)
the last day of the applicant’s proposed stay in Australia.
first 36 months, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 36 months after the beginning of the period;
(ii)
the last day of the applicant’s proposed stay in Australia.
initial period, for an applicant, means the period that:
(a)
begins:
(i)
if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or

(ii)
if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b)
ends on the earlier of the following:
(i)
the day 12 months after the expected commencement date of the applicant’s principal course;
(ii)
the last day of the applicant’s proposed stay in Australia.
living costs has the meaning given by subclause 5B102 (1).
money deposit means a money deposit with a financial institution.
primary person means the holder of a student visa that was granted on the basis of the holder meeting the primary criteria for the student visa.
school costs has the meaning given by subclause 5B102 (2).
travel costs, for an applicant, means the sum of costs for each of the applicant, any family applicant, the primary person and any member of the primary person’s family unit who is the holder of a student visa:
(a)
if the applicant, family applicant, primary person or member of the primary person’s family unit is not in Australia when the application is made — of travelling to Australia; and
(b)
of returning to that person’s home country at the end of his or her stay.
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

5B102Meaning of living costs and school costs

(1)
An applicant’s living costs for a period are taken to accrue at the sum of the following rates:
(a)
for the primary person — $12 000 per year (the basic rate);
(b)
if the primary person has a spouse who is a family applicant or the holder of a student visa — 35% of the basic rate;
(c)
if the primary person has a dependent child who is a family applicant or the holder of a student visa — 20% of the basic rate;
(d)
if the primary person has any further dependent child who is a family applicant or the holder of a student visa — 15% of the basic rate for each such child.

(2)
An applicant’s school costs are taken to accrue at the sum of the following rates:
(a)
if the applicant is a school-age dependant — $8 000 per year;
(b)
for each child who is:
(i)
a school-age dependant at the time; and
(ii)
a family applicant or the holder of a student visa;
$8 000 per year.

5B103Declarations

In this Schedule, a requirement that an applicant give a declaration of a matter is taken, for a person who is less than 18 years old, to be a requirement that:
(a)
a parent of the applicant; or
(b)
a person having custody of the applicant;
give the declaration on the applicant’s behalf.
Part 2Evidentiary requirements for assessment level 4
5B201Requirements for assessment level 4 (Subclass 570, 571, 572, 573 or 575 visa)
(1)
This clause applies if a primary person:
(a)
is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and
(b)
was subject to assessment level 4 at the time of the decision to grant the visa.
(2)
The applicant must give:
(a)
evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 36 months:
(i)
course fees;
(ii)
living costs;
(iii)
school costs; and
(b)
evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c)
evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d)
a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 36 months.
(3)
In this clause:
acceptable individual means one or more of the following:
(a)
the primary person;
(b)
the primary person’s spouse;
(c)
the primary person’s parents;
(d)
the primary person’s grandparents;
(e)
the primary person’s brothers and sisters;
(f)
an uncle or aunt of the primary person who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.
funds from an acceptable source means one or more of the following:
(a)
a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
(b)
a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(c)
a loan from the government of the primary person’s home country;
(d)
financial support from:
(i)
the primary person’s education provider or proposed education provider; or
(ii)
the Commonwealth Government, or the government of a State or Territory; or
(iii)
the government of a foreign country; or
(iv)
unless the primary person holds a Subclass 570 (Independent ELICOS Sector) visa — a corporation that:
(A)
conducts commercial activities outside the country in which it is based; and
(B)
employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v)
a multilateral agency; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.
5B202Requirements for assessment level 4 (Subclass 574 visa)
(1)
This clause applies if a primary person:
(a)
is the holder of a Subclass 574 visa; and
(b)
was subject to assessment level 4 at the time of the decision to grant the visa.
(2)
The applicant must give:
(a)
evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i)
course fees;
(ii)
living costs;
(iii)
school costs; and
(b)
evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c)
evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d)
a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.
(3)
In this clause:
acceptable individual means one or more of the following:
(a)
the primary person;
(b)
the primary person’s spouse;
(c)
the primary person’s parents;
(d)
the primary person’s grandparents;
(e)
the primary person’s brothers and sisters;
(f)
an uncle or aunt of the primary person who is:
(i)
an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
usually resident in Australia.
funds from an acceptable source means one or more of the following:
(a)
a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
(b)
a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(c)
a loan from the government of the primary person’s home country;
(d)
financial support from:
(i)
the primary person’s education provider or proposed education provider; or
(ii)
the Commonwealth Government, or the government of a State or Territory; or
(iii)
the government of a foreign country; or
(iv)
a corporation that:
(A)
conducts commercial activities outside the country in which it is based; and
(B)
employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v)
a multilateral agency; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.
Part 3Evidentiary requirements for assessment level 3
5B301Requirements for assessment level 3 (Subclass 570, 571, 572, 573 or 575 visa)
(1)
This clause applies if a primary person:
(a)
is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and
(b)
was subject to assessment level 3 at the time of the decision to grant the visa.
(2)
The applicant must give:
(a)
evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i)
course fees;
(ii)
living costs;
(iii)
school costs; and
(b)
evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c)
evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d)
a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months.
(3)
In this clause:
funds from an acceptable source means one or more of the following:
(a)
a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b)
a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c)
a loan from the government of the primary person’s home country;
(d)
financial support from:
(i)
the primary person’s education provider or proposed education provider; or
(ii)
the Commonwealth Government, or the government of a State or Territory; or
(iii)
the government of a foreign country; or
(iv)
a corporation that:
(A)
conducts commercial activities outside the country in which it is based; and
(B)
employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v)
a multilateral agency; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.
5B302Requirements for assessment level 3 (Subclass 574 visa)
(1)
This clause applies if a primary person:
(a)
is the holder of a Subclass 574 visa; and
(b)
was subject to assessment level 3 at the time of the decision to grant the visa.
(2)
The applicant must give:
(a)
evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i)
course fees;
(ii)
living costs;
(iii)
school costs; and
(b)
evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c)
evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d)
a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.
(3)
In this clause:
funds from an acceptable source means one or more of the following:
(a)
a money deposit held by the applicant, or an individual who is providing support to the applicant;
(b)
a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c)
a loan from the government of the primary person’s home country;
(d)
financial support from:
(i)
the primary person’s education provider or proposed education provider; or
(ii)
the Commonwealth Government, or the government of a State or Territory; or
(iii)
the government of a foreign country; or
(iv)
a corporation that:
(A)
conducts commercial activities outside the country in which it is based; and
(B)
employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v)
a multilateral agency; or
(vi)
a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii)
an organisation specified by the Minister in a Gazette Notice for this subparagraph.
Part 4Evidentiary requirements for assessment level 2

5B401Requirements for assessment level 2

(1)
This clause applies if a primary person:
(a)
is the holder of a student visa; and
(b)
was subject to assessment level 2 at the time of the decision to grant the visa.
(2)
The applicant must give:
(a)
evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i)
course fees;
(ii)
living costs;
(iii)
school costs; and
(b)
evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c)
a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(3)
In this clause, funds from an acceptable source does not include the value of an item of property.

[275]Further amendments — Schedule 1

Provision	omit	insert
Sub-subparagraph 1222 (2) (a) (i) (C)	an exchange student;	a secondary exchange student;
Subparagraph 1222 (3) (c) (iii)	an exchange student —	a secondary exchange student —
Sub-subparagraph 1222 (3) (ca) (iv) (B)	an exchange student —	a secondary exchange student —
Sub-sub-subparagraph 1222 (3) (cc) (i) (D) (II)	an exchange student; or	a secondary exchange student; or

[276]Further amendments — Schedule 2

Provision	omit	insert
Clause 570.315	an exchange student.	a secondary exchange student.
Clause 571.111, definition of course of study, paragraph (a)	an exchange student —	a secondary exchange student —
Clause 571.111, note 1	exchange student	secondary exchange student
Paragraph 571.211 (5) (c)	an exchange student,	a secondary exchange student,
Paragraph 571.211 (6) (c)	an exchange student,	a secondary exchange student,
Paragraph 571.222 (1) (c)	an exchange student;	a secondary exchange student;
Subclause 571.222 (4)	an exchange student,	a secondary exchange student,
Clause 572.315	an exchange student.	a secondary exchange student.
Clause 575.315	an exchange student.	a secondary exchange student.

[277]Further amendments — Schedule 5A

Provision	omit	insert
Clause 5A101, definition of AASES (Acceptance Advice of Secondary Exchange Student)	an exchange student,	a secondary exchange student,
Clause 5A107, heading	Exchange student	Secondary exchange student
Clause 5A107	an exchange student	a secondary exchange student
Subclause 5A108 (1)	an exchange student,	a secondary exchange student,
Subclause 5A301 (1)	an exchange student,	a secondary exchange student,
Subclause 5A301 (2)	an exchange student,	a secondary exchange student,
Clause 5A303	an exchange student,	a secondary exchange student,
Paragraph 5A304 (2) (a)	an exchange student; and	a secondary exchange student; and
Subclause 5A305 (1)	an exchange student,	a secondary exchange student,
Clause 5A306	an exchange student,	a secondary exchange student,
Paragraph 5A307 (2) (a)	an exchange student; and	a secondary exchange student; and
Subclause 5A308 (1)	an exchange student,	a secondary exchange student,
Clause 5A309	an exchange student,	a secondary exchange student,
Subclause 5A311 (1)	an exchange student,	a secondary exchange student,
Clause 5A312	an exchange student,	a secondary exchange student,
Clause 5A315	an exchange student,	a secondary exchange student,

[278]Further amendments — Schedule 8

Provision	omit	insert
Paragraph 8202 (2) (b)	an exchange student —	a secondary exchange student —

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, 224 (disallowed by the Senate on 9 October 2003), 239 and 283.
2. Notified in the Commonwealth of Australia Gazette