Migration Amendment Regulations 2004 (No. 2) (Cth)

Migration Amendment Regulations 2004 (No. 2)1
Statutory Rules 2004 No. 932

I, JOHN SANDERSON, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 13 May 2004
JOHN SANDERSON
Administrator
By His Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs

Contents

1Name of Regulations

These Regulations are the Migration Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence, or are taken to have commenced, as follows:
(a)
on 1 November 2003 — regulations 1 to 4 and Schedule 6;
(b)
on 1 July 2004 — the remainder.

3Amendment of Migration Regulations 1994

Schedules 1 to 12 amend the Migration Regulations 1994.

4Transitional – amendments made by Schedule 6

The amendments made by Schedule 6 apply in relation to a nomination made on or after 1 November 2003.

5Transitional – amendments made by other Schedules

(1)
The amendments made by Schedule 1 apply to persons who enter Australia on or after 1 July 2004.
(2)
The amendments made by Part 1 of Schedule 2 apply in relation to an application for a visa made on or after 1 July 2004.
(3)
The amendments made by Part 2 of Schedule 2 apply in relation to an application for a visa:
(a)
made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2004; or
(b)
made on or after 1 July 2004.
(4)
The amendment made by Schedule 3 applies in relation to an application for a visa in the following circumstances:
(a)
the application is made on or after 1 July 2004;
(b)
at the time of the application, the applicant holds or has held a visa that is cancelled on or after 1 July 2004 under section 116 or 128 of the Migration Act 1958 on the ground mentioned in paragraph 2.43 (1) (o) of the Migration Regulations 1994.
(5)
The amendments made by Schedule 4 apply in relation to an application for a visa made on or after 1 July 2004.
(6)
The amendment made by item [1] of Schedule 5 applies in relation to an application for approval as a standard business sponsor made on or after 1 July 2004.
(7)
The amendment made by item [2] of Schedule 5 applies in relation to a nomination made on or after 1 July 2004.
(8)
The amendments made by items [1] and [3] of Schedule 8 apply to a person who enters Australia on or after 1 July 2004.
(9)
The amendment made by item [2] of Schedule 8 applies in relation to an application for a visa:
(a)
made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2004; or
(b)
made on or after 1 July 2004.
(10)
The amendments made by Schedule 9 apply in relation to an application for:
(a)
a Contributory Parent (Temporary) (Class UT) visa; or
(b)
a Contributory Aged Parent (Temporary) (Class UU) visa; or
(c)
a Contributory Parent (Migrant) (Class CA) visa; or
(d)
a Contributory Aged Parent (Residence) (Class DG) visa;
made on or after 1 July 2004.
(11)
The amendments made by Schedule 10 apply in relation to an application for a visa made on or after 1 July 2004.
(12)
The amendments made by Schedule 12 (other than items [8], [9] and [32]) apply in relation to an application for a visa made on or after 1 July 2004.
(13)
The amendments made by items [8], [9] and [32] of Schedule 12 apply to a person who enters Australia on or after 1 July 2004.

Schedule 1Amendments relating to special purpose visas

(regulation 3)

[1]Subregulation 2.40 (6), including the heading

substitute
Crew members of visiting non-military ships
(6)
A person included in a class of persons specified in paragraph (1) (k) has a prescribed status if, and only if:
(a)
the ship of whose crew he or she is a member:
(i)
enters Australia at:
(A)
a proclaimed port; or
(B)
if permission for it to do so has been given in advance by the Australian Customs Service under section 58 of the Customs Act 1901 — a port other than a proclaimed port; and
(ii)
will leave Australia for a place outside Australia during the course of the voyage; and
(b)
the person has been issued with:
(i)
a passport that is in force; and
(ii)
a document that identifies the person as a seafarer employed on that ship; and
(c)
the passport and the document are located on the ship at the time the ship enters Australia in accordance with subparagraph (a) (i).

[2]Subregulation 2.40 (8), including the heading

substitute
Crew members of imported ships
(8)
A person included in a class of persons specified in paragraph (1) (ka) has a prescribed status:
(a)
if, and only if:
(i)
the ship of whose crew he or she is a member enters Australia at:
(A)
a proclaimed port; or
(B)
if permission for it to do so has been given in advance by the Australian Customs Service under section 58 of the Customs Act 1901 — a port other than a proclaimed port; and
(ii)
the person has been issued with:
(A)
a passport that is in force; and
(B)
a document that identifies the person as a seafarer employed on that ship; and
(iii)
the passport and the document are located on the ship at the time the ship enters Australia in accordance with subparagraph (i); and
(b)
for 5 working days after an agreement is made between the person and the ship’s master under section 46 of the Navigation Act 1912.

[3]Schedule 9, Part 1, item 16, column 3

substitute
Passport that is in force, and a document that identifies the person as a seafarer employed on that ship

Schedule 2Amendments relating to assurance of support requirements

(regulation 3)

Part1Amendments of Division 2.7 and Schedule 1

[1]Subdivision 2.7.2, heading

substitute
Subdivision 2.7.2Assurances of support given in relation to applications lodged after 19 December 1991 and accepted by the Minister before 1 July 2004
[2]Regulation 2.35, definition of assurance of support
omit
1991.
insert
1991 and accepted by the Minister before 1 July 2004.

[3]Schedule 1, paragraphs 1128BA (3) (n) and (o)

omit

Part2Amendments of Schedule 2

[4]Amendments relating to mandatory assurance provisions — primary criteria
(1)
The clauses mentioned in subitem (2) are amended by omitting the entire text of the clause (except the clause number) and inserting the following text:
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.
(2)
The clauses amended are:

· 103.226
· 114.225
· 115.225
· 116.225
· 118.226
· 138.222

· 139.223

· 143.228

· 804.224

· 835.222

· 836.222

· 838.222

· 859.224

· 862.222

· 863.223

· 864.226

· 881.222

· 882.223.

[5]Amendments relating to mandatory assurance provisions — secondary criteria
(1)
The clauses mentioned in subitem (2) are amended by omitting the entire text of the clause (except the clause number) and inserting the following text:
The Minister is satisfied that:
(a)
the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or
(b)
an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.
(2)
The clauses amended are:

· 103.325

· 114.325

· 115.325

· 116.325

· 118.325

· 138.323

· 139.323

· 143.327

· 804.323

· 835.323

· 836.323

· 838.323

· 859.323

· 862.323

· 863.323

· 864.327

· 881.323

· 882.323.

[6]Amendments relating to discretionary assurance provisions — primary criteria
(1)
The clauses mentioned in subitem (2) are amended by omitting the entire text of the clause (except the clause number) and inserting the following text:
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.
(2)
The clauses amended are:

· 100.223

· 101.225

· 102.225

· 105.227

· 106.226

· 110.223

· 117.224

· 119.224

· 120.223

· 121.225

· 124.223

· 126.225

· 134.225

· 135.226

· 136.228

· 137.227

· 151.223

· 300.225

· 309.227

· 310.226

· 801.222

· 802.222

· 814.222

· 820.222

· 826.222

· 831.222

· 832.224

· 837.222

· 855.224

· 856.224

· 857.224

· 858.222

· 861.228

· 880.226.

[7]Amendments relating to discretionary assurance provisions — secondary criteria
(1)
The clauses mentioned in subitem (2) are amended by omitting the entire text of the clause (except the clause number) and inserting the following text:
If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:
(a)
the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or
(b)
an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.
(2)
The clauses amended are:

· 100.323

· 101.325

· 102.325

· 105.325

· 106.325

· 110.323

· 117.324

· 119.324

· 120.324

· 121.324

· 124.324

· 126.324

· 134.324

· 135.324

· 136.324

· 137.324

· 151.324

· 300.325

· 309.325

· 310.325

· 801.322

· 802.323

· 814.322

· 820.322

· 826.323

· 831.322

· 832.323

· 837.323

· 855.323

· 856.323

· 857.323

· 858.323

· 861.324

· 880.323.

[8]Subdivision 881.21, including the note

substitute
881.21[No criteria to be satisfied at time of application]

[9]Subdivision 882.21, including the note

substitute
882.21[No criteria to be satisfied at time of application]

[10]Further amendments — omissions

Clauses 138.213, 138.313, 139.214, 139.313, 826.322, 862.213, 862.313, 863.214, 863.313, 881.312 and 882.312 are omitted.

Schedule 3Amendment relating to public interest criterion 4013

(regulation 3)

[1]Schedule 4, Part 1, paragraph 4013 (2) (d)

omit
(k) or (m)
insert
(k), (m) or (o)

Schedule 4Amendments relating to students offshore Internet lodgement

(regulation 3)

[1]Schedule 1, subparagraph 1222 (1) (a) (ii)

omit

[2]Schedule 1, subparagraph 1222 (1) (a) (iii)

renumber as subparagraph 1222 (1) (a) (ii)
[3]Schedule 5A, clause 5A212, excluding the heading
substitute
The applicant must give evidence that he or she has the educational qualifications required by his or her education provider.

[4]Schedule 5A, paragraph 5A312 (b)

substitute
(b)
give evidence that he or she has the educational qualifications required by his or her education provider.

[5]Schedule 5A, paragraph 5A315 (b)

substitute
(b)
give evidence that he or she has the educational qualifications required by his or her education provider.
[6]Schedule 9, Part 1, item 24, column 2, paragraph (b)
substitute
(b)
are included in a class of persons specified by Gazette Notice for subparagraph 1222 (1) (a) (ii) of Schedule 1

Schedule 5Amendments relating to Subclass 457 (Business (Long Stay)) visas

(regulation 3)

[1]Subregulation 1.20C (2)

substitute
(2)
The application must be made:
(a)
if the application is made by an applicant for approval as a standard business sponsor who is actively and lawfully operating a business outside Australia — in accordance with approved form 1067 or 1196; or
(b)
in any other case — in accordance with approved form 1067, 1196 or 1196 (internet).

[2]Subregulation 1.20G (3)

substitute
(3)
A nomination must be made:
(a)
if the nomination is made by a standard business sponsor who is actively and lawfully operating a business outside Australia (or by an applicant for approval as a standard business sponsor who is actively and lawfully operating a business outside Australia) — in accordance with approved form 1068 or 1196; or
(b)
in any other case — in accordance with approved form 1068, 1196 or 1196 (internet).

Schedule 6Amendments relating to IASS agreements

(regulation 3)

[1]Subparagraph 1.20G (1) (d) (iii)

omit
sponsor;
insert
sponsor; or

[2]After paragraph 1.20G (1) (d)

insert
(e)
is a party to an IASS agreement;

[3]Subregulations 1.20G (2) and (4)

omit
(c) or (d),
insert
(c), (d) or (e),

[4]Paragraph 1.20G (6) (b)

omit
sponsor.
insert
sponsor; or

[5]After paragraph 1.20G (6) (b)

insert
(c)
the person is a party to an IASS agreement.

[6]Paragraph 1.20H (5) (c)

after
labour agreement
insert
or an IASS agreement

Schedule 7Amendment relating to models and mannequins

(regulation 3)

[1]Schedule 1, paragraph 1205 (3) (c), note

omit

Schedule 8Amendments relating to Subclass 420 (Entertainment) visas

(regulation 3)

[1]Subregulation 3.03 (3), at the foot

insert
(k)
if the non-citizen holds a Subclass 420 (Entertainment) visa, and is the holder of a valid passport issued by a foreign country specified in a Gazette Notice for clause 420.711 of Schedule 2:
(i)
show a clearance officer evidence of the person’s identity, as specified in Part 1 of Schedule 9; and
(ii)
give the clearance officer a completed passenger card.

[2]Schedule 2, clause 420.711

substitute
420.711 No evidence need be given if the holder holds a valid passport issued by a foreign country specified in a Gazette Notice for this clause.
420.712 If evidence is given, to be given by a visa label affixed to a valid passport.

[3]Schedule 9, Part 1, before the note

insert

Persons who hold:

(a)
a Subclass 420 (Entertainment) visa; and
(b)
a valid passport issued by a foreign country specified in a Gazette Notice for clause 420.711 of Schedule 2

Passport

Yes

Schedule 9Amendments relating to contributory parent newborn children

(regulation 3)

[1]Regulation 1.03, after definition of contact hours
insert
contributory parent newborn child means:
(a)
a natural child of a parent, born at a time when that parent holds:
(i)
a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii)
a bridging visa if the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b)
a natural child of a parent, born at a time when that parent holds:
(i)
a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(ii)
a bridging visa if the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.

[2]After regulation 2.07AK

insert
2.07ALApplications for certain visas by contributory parent newborn children
(1)
For section 46 of the Act, an application by a contributory parent newborn child for a Subclass 173 (Contributory Parent (Temporary)) visa is a valid application only if the parent holds or held:
(a)
a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b)
a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa.
(2)
For section 46 of the Act, an application by a contributory parent newborn child for a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a valid application only if the parent holds or held:
(a)
a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(b)
a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.

[3]Paragraph 2.08 (1) (b)

substitute
(b)
after the application is made, but before it is decided, a child, other than a contributory parent newborn child, is born to the non-citizen;

[4]Regulation 2.08, at the foot

insert
Note Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.

[5]After regulation 2.08

insert
2.08AAApplication by contributory parent newborn child
(1)
Despite any provision in Schedule 2, a contributory parent newborn child who applies for a Contributory Parent (Temporary) (Class UT) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:
(a)
does not have to satisfy the secondary criteria in Schedule 2 that would, but for this subregulation, need to be satisfied at the time of application; and
(b)
must satisfy the applicable secondary criteria to be satisfied at the time of decision.
(2)
Despite any provision in Schedule 1, a contributory parent newborn child:
(a)
who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(b)
whose parent has applied for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, and either:
(i)
that application has not been finally determined; or
(ii)
the parent has been granted the permanent visa;
is taken to have made a combined application for the permanent visa, mentioned in paragraph (b), with the parent.
(3)
For subregulation (2), the contributory parent newborn child is taken to have made the application:
(a)
if the child was in Australia when the temporary visa was granted — on the grant of the temporary visa to the child; or
(b)
if the child was outside Australia when the temporary visa was granted — immediately after the child is immigration cleared.

[6]Subregulation 2.08A (2A), at the foot

insert
Note Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.

[7]Paragraph 4.02 (4) (i)

omit
sponsor.
insert
sponsor;

[8]After paragraph 4.02 (4) (i)

insert
(j)
a decision to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a contributory parent newborn child;
(k)
a decision to refuse to grant a Subclass 884 (Contributory Aged Parent (Temporary)) visa to a contributory parent newborn child.

[9]Paragraph 4.02 (5) (g)

omit
sponsor.
insert
sponsor;

[10]After paragraph 4.02 (5) (g)

insert
(h)
in the case of a decision to which paragraph (4) (j) applies — the sponsor of the contributory parent newborn child;
(i)
in the case of a decision to which paragraph (4) (k) applies — the applicant.

[11]Schedule 1, subitem 1221 (1)

substitute
(1)
Form:
(a)
If the applicant is a contributory parent newborn child: Nil
(b)
In any other case: 47PA.

[12]Schedule 1, subparagraph 1221 (2) (a) (ii)

substitute
(ii)
For an applicant who is a contributory parent newborn child: Nil
(iii)
In any other case: $1 210.

[13]Schedule 1, subparagraph 1221 (2) (b) (ii)

substitute
(ii)
For an applicant who is a contributory parent newborn child: Nil
(iii)
In any other case: $15 000.
[14]Schedule 1, subparagraphs 1221 (3) (c) (i) and (ii)
omit each mention of
has
insert
must have

[15]Schedule 1, after paragraph 1221 (3) (c)

insert
(d)
Application by a contributory parent newborn child must be made by notifying Immigration, in writing, of the birth of the applicant.

[16]Schedule 1, subitem 1221A (1)

substitute
(1)
Form:
(a)
If the applicant is a contributory parent newborn child: Nil
(b)
In any other case: 47PA.

[17]Schedule 1, subparagraph 1221A (2) (a) (ii)

substitute
(ii)
For an applicant who is a contributory parent newborn child: Nil
(iii)
In any other case: $1 795.

[18]Schedule 1, subparagraph 1221A (2) (b) (ii)

substitute
(ii)
For an applicant who is a contributory parent newborn child: Nil
(iii)
In any other case: $15 000.

[19]Schedule 1, paragraph 1221A (3) (b)

substitute
(b)
Applicant, other than a contributory parent newborn child, must be in Australia but not in immigration clearance.
[20]Schedule 1, subparagraphs 1221A (3) (c) (i) and (ii)
omit each mention of
has
insert
must have

[21]Schedule 1, after paragraph 1221A (3) (d)

insert
(e)
Application by a contributory parent newborn child must be made by notifying Immigration, in writing, of the birth of the applicant.

[22]Schedule 2, clause 143.312

substitute

143.312 One of the following applies:

(a)
the sponsorship mentioned in subclause 143.212 (2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;
(b)
the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 143.212 (4);
(c)
the applicant is a contributory parent newborn child who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application and:
(i)
the contributory parent newborn child’s parent was granted a Subclass 143 (Contributory Parent) visa on the basis of meeting paragraph 143.222 (b); or
(ii)
the person who sponsored the contributory parent newborn child’s parent for the Subclass 143 (Contributory Parent) visa died after that visa was granted.

[23]Schedule 2, clause 143.322

omit
Either:
insert
One of the following applies:

[24]Schedule 2, subparagraph 143.322 (a) (ii)

omit
or

[25]Schedule 2, paragraph 143.322 (b)

omit
decision.
insert

decision;

[26]Schedule 2, after paragraph 143.322 (b)

insert
(c)
the applicant is a contributory parent newborn child who meets the requirements of paragraph 143.312 (c).

[27]Schedule 2, clause 173.321

substitute
173.321 Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa.

[28]Schedule 2, clauses 173.322 and 173.323

substitute

173.322 One of the following applies:

(a)
sponsorship in accordance with clause 173.312 has been approved by the Minister and is still in force;
(b)
the applicant is a contributory parent newborn child who is sponsored by the person who sponsored the contributory parent newborn child’s parent for a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 143 (Contributory Parent) visa, and the contributory parent newborn child’s sponsorship has been approved by the Minister;
(c)
the applicant is a contributory parent newborn child who is taken to be sponsored in accordance with clause 173.322A.
173.322A A contributory parent newborn child is taken to be sponsored if:
(a)
the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 143.212 (4); or
(b)
the following criteria apply in relation to the contributory parent newborn child’s parent:
(i)
the parent is the holder of a Subclass 143 (Contributory Parent) visa at the time of the contributory parent newborn child’s application;
(ii)
the person who sponsored the parent for the Subclass 143 (Contributory Parent) visa has died; or
(c)
the following criteria apply in relation to the contributory parent newborn child’s parent:
(i)
at the time of the contributory parent newborn child’s application, the parent is the holder of:
(A)
a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B)
a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa;
(ii)
the person who sponsored the parent for the Subclass 173 (Contributory Parent (Temporary)) visa has died.
173.323 If the applicant is not a contributory parent newborn child, the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

[29]Schedule 2, clause 173.324

substitute

173.324 If the applicant:

(a)
is not a contributory parent newborn child; and
(b)
has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.

[30]Schedule 2, after clause 173.326

insert
173.327 If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.

[31]Schedule 2, clause 173.411

omit
The applicant
insert
If the applicant is not a contributory parent newborn child, the applicant
[32]Schedule 2, after clause 173.411, including the note
insert
173.412 If the applicant is a contributory parent newborn child, the applicant may be in or outside Australia when the visa is granted.

[33]Schedule 2, clause 173.511

omit
Temporary
insert
If the applicant is not a contributory parent newborn child: temporary

[34]Schedule 2, after clause 173.511

insert
173.512 If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

[35]Schedule 2, clause 864.312

substitute

864.312 One of the following applies:

(a)
the sponsorship mentioned in subclause 864.213 (2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;
(b)
the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 864.213 (4);
(c)
the applicant is a contributory parent newborn child who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application and:
(i) the contributory parent newborn child’s parent was granted a Subclass 864 (Contributory Aged Parent) visa on the basis of meeting paragraph 864.222 (b); or
(ii)
the person who sponsored the contributory parent newborn child’s parent for the Subclass 864 (Contributory Aged Parent) visa died after that visa was granted.

[36]Schedule 2, clause 864.322

omit
Either:
insert
One of the following applies:

[37]Schedule 2, subparagraph 864.322 (a) (ii)

omit
or

[38]Schedule 2, paragraph 864.322 (b)

omit
decision.
insert
decision;

[39]Schedule 2, after paragraph 864.322 (b)

insert
(c)
the applicant is a contributory parent newborn child who meets the requirements of paragraph 864.312 (c).

[40]Schedule 2, clause 884.321

substitute
884.321 Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa.

[41]Schedule 2, clauses 884.322 and 884.323

substitute

884.322 One of the following applies:

(a)
sponsorship in accordance with clause 884.312 has been approved by the Minister and is still in force;
(b)
the applicant is a contributory parent newborn child who is sponsored by the person who sponsored the contributory parent newborn child’s parent for a Subclass 884 (Contributory Aged Parent (Temporary)) visa or a Subclass 864 (Contributory Aged Parent) visa, and the contributory parent newborn child’s sponsorship has been approved by the Minister;
(c)
the applicant is a contributory parent newborn child who is taken to be sponsored in accordance with clause 884.322A.
884.322A A contributory parent newborn child is taken to be sponsored if:
(a)
the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 864.213 (4); or
(b)
the following criteria apply in relation to the contributory parent newborn child’s parent:
(i)
the parent is the holder of a Subclass 864 (Contributory Aged Parent) visa at the time of the contributory parent newborn child’s application;
(ii)
the person who sponsored the parent for the Subclass 864 (Contributory Aged Parent) visa has died; or
(c)
the following criteria apply in relation to the contributory parent newborn child’s parent:
(i)
at the time of the contributory parent newborn child’s application, the parent is the holder of:
(A)
a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(B)
a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa;
(ii)
the person who sponsored the parent for the Subclass 884 (Contributory Aged Parent (Temporary)) visa has died.
884.323 If the applicant is not a contributory parent newborn child, the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

[42]Schedule 2, clause 884.326

substitute

884.326 If the applicant:

(a)
is not a contributory parent newborn child; and
(b)
has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.

[43]Schedule 2, after clause 884.326

insert
884.327 If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.

[44]Schedule 2, clause 884.411

omit
The applicant
insert
If the applicant is not a contributory parent newborn child, the applicant
[45]Schedule 2, after clause 884.411, including the note
insert
884.412 If the applicant is a contributory parent newborn child, the applicant may be in Australia or outside Australia when the visa is granted.

[46]Schedule 2, clause 884.511

omit
Temporary
insert
If the applicant is not a contributory parent newborn child: temporary

[47]Schedule 2, after clause 884.511

insert
884.512 If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

Schedule 10Amendments relating to student visas

(regulation 3)

[1]Subregulation 1.04A (2)

substitute
(2)
A person is an AusAID recipient if:
(a)
either:
(i)
the person is the holder of an AusAID student visa and has ceased:
(A)
the full-time course of study or training to which that visa relates; or
(B)
another course approved by the AusAID Minister in substitution for that course; or
(ii)
if the person is not the holder of an AusAID student visa — the person has in the past been the holder of an AusAID student visa and has ceased:
(A)
the full-time course of study or training to which the last AusAID student visa held by the person related; or
(B)
another course approved by the AusAID Minister in substitution for that course; and
(b)
the person has not spent at least 2 years outside Australia since ceasing the course.

[2]Schedule 1, subparagraph 1222 (3) (c) (iv)

omit each mention of
post-graduate
insert
postgraduate
[3]Schedule 2, clause 570.111, after definition of course fees
insert
full period has the same meaning as in Schedule 5A.

[4]Schedule 2, paragraph 570.211 (4) (a)

substitute
(a)
the applicant:
(i)
is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8101; or
(ii)
is the holder of a Subclass 572 visa:
(A)
granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and
(B)
that is subject to condition 8101; and

[5]Schedule 2, paragraph 570.211 (5) (a)

substitute
(a)
the applicant:
(i)
is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8206; or
(ii)
is the holder of a Subclass 572 visa:
(A)
granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and
(B)
that is subject to condition 8206; and

[6]Schedule 2, subclause 570.312 (4)

substitute
(4) An applicant meets the requirements of this subclause if:
(a)
the applicant is the holder of a Subclass 560, 563, 570 or 572 visa that is subject to condition 8101; and
(b)
for an applicant who is the holder of a Subclass 560, 563 or 570 visa, the applicant:
(i)
is a member of the family unit of a person (the primary person) who holds a Subclass 560, 562 or 570 visa; and
(ii)
gives to the Minister evidence that the primary person has commenced an ELICOS; and
(c)
for an applicant who is the holder of a Subclass 572 visa:
(i)
the visa was granted on the basis that the applicant was a member of the family unit of a person (the primary person) who was the holder of a student visa granted on the basis that the primary person proposed to commence, or had commenced, an ELICOS as a principal course; and
(ii)
the applicant gives to the Minister evidence that the primary person has commenced an ELICOS; and
(d)
the application was made on form 157P or 157P (Internet).

[7]Schedule 2, paragraph 570.312 (5) (b)

substitute
(b)
the applicant is a member of the family unit of a person:
(i)
who is the holder of a Subclass 560, 562 or 570 visa, having satisfied the primary criteria for that visa; or
(ii)
who is the holder of a Subclass 572 visa granted on the basis that the person proposed to commence, or had commenced, an ELICOS as a principal course.

[8]Schedule 2, clause 570.314

omit
Subclass 570 visa
insert
Subclass 570 or 572 visa
[9]Schedule 2, subclause 570.613 (6), definition of full period
omit

[10]Schedule 2, clause 570.617

substitute

570.617 (1) Condition 8104, if:

(a)
the application was made in Australia; and
(b)
the applicant satisfies the secondary criteria; and
(c)
at the time of application:
(i)
the applicant was the holder of a student visa that was subject to condition 8104; or
(ii)
the applicant was a member of the family unit of a person who was the holder of a Subclass 560, 562, 570 or 572 visa and met the requirements of subclause 570.312 (4).
(2) Condition 8101, if the applicant satisfies the secondary criteria and subclause (1) does not apply.
[11]Schedule 2, clause 571.111, after definition of course of study, including the notes
insert
full period has the same meaning as in Schedule 5A.
[12]Schedule 2, clause 572.111, after definition of course of study, including the note
insert
full period has the same meaning as in Schedule 5A.
[13]Schedule 2, subclause 572.613 (6), definition of full period
omit
[14]Schedule 2, clause 573.111, after definition of course of study, including the note
insert
full period has the same meaning as in Schedule 5A.

[15]Schedule 2, clause 573.314

omit
Subclass 573 visa
insert
Subclass 573 or 574 visa
[16]Schedule 2, subclause 573.613 (6), definition of full period
omit

[17]Schedule 2, subclause 573.617 (3)

substitute
(3) Conditions 8101 and 8104 are not imposed on a visa granted to an 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 560, 562, 573 or 574 visa:
(a)
if:
(i)
the application was made in Australia; and
(ii)
at the time of application, the 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 person has commenced a course of study for the award of a masters degree by coursework; and
(iv)
the primary person is continuing that course of study; or
(b)
if:
(i)
the application was made in Australia; and
(ii)
the applicant meets the requirements of subclause 573.312 (4); and
(iii)
the primary person has commenced a course of study for the award of a masters degree by coursework; and
(iv)
the primary person is continuing that course of study.
[18]Schedule 2, clause 574.111, after definition of course of study, including the note
insert
full period has the same meaning as in Schedule 5A.

[19]Schedule 2, subclause 574.222 (1)

omit
subclause (2) or (3)
insert
subclause (2), (3) or (3A)

[20]Schedule 2, subclause 574.222 (3)

substitute
(3) If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 560 or 562 visa, the applicant satisfies the Minister that, in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis.
(3A) If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 574 visa (the current visa):
(a)
the applicant satisfies the Minister that, in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis; and
(b)
either:
(i)
the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for a continuous period of 6 months or less; or
(ii)
the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for more than 6 months and there are exceptional circumstances justifying the grant of the visa.
[21]Schedule 2, subclause 574.613 (6), definition of full period
omit
[22]Schedule 2, clause 575.111, after definition of course of study, including the notes
insert
full period has the same meaning as in Schedule 5A.
[23]Schedule 2, subclause 575.613 (6), definition of full period
omit
[24]Schedule 2, clause 576.111, definition of course fees
omit
[25]Schedule 2, clause 576.111, definitions of fully funded and living costs
omit

[26]Schedule 4, Part 2, item 4058E, column 2

substitute
574 (Postgraduate Research Sector)
574 (Masters and Doctorate Sector)

[27]Schedule 4, Part 2, item 4058F, column 2

substitute
575 (Non-Award Sector)
575 (Non-award Foundation/Other Sector)

[28]Schedule 5A, subclause 5A108 (2)

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

[29]Schedule 5A, paragraph 5A108 (2) (c)

omit
post-graduate
insert
postgraduate
[30]Schedule 5A, subclause 5A304 (9), definition of education provider
omit

[31]Schedule 5A, after subclause 5A304 (9)

insert
(10)
In subclauses (7) and (8):
education provider means the education provider of the PRC applicant’s proposed principal course.

[32]Schedule 5A, Part 6, heading

substitute
Part 6Subclass 574 (Postgraduate Research Sector)

[33]Schedule 5A, Part 7, heading

substitute

Part 7Subclass 575 (Non-Award Sector)

[34]Schedule 5B, clause 5B101, definition of initial period, subparagraph (b) (i)
omit
applicant’s
insert
primary person’s

Schedule 11Amendments relating to resident return visas

(regulation 3)

[1]After subregulation 2.50 (3)

insert
(4)
For the definition of return visa in subsection 134 (10) of the Act:
return visa means:
(a)
a Return (Residence) (Class BB) visa; or
(b)
a Resident Return (Temporary) (Class TP) visa.

[2]Schedule 1, after paragraph 1128 (3) (c)

insert
(d)
Application by a person is not a valid application if:
(i)
the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135 (1) of the Act, proposing cancellation; and
(ii)
the person has not been notified of a decision not to proceed with the cancellation; and
(iii)
the visa was not the subject of a decision to cancel the visa under section 134 of the Act.
(e)
Application by a person is not a valid application if:
(i)
the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and
(ii)
the decision to cancel the visa has not been set aside by the AAT.

[3]Schedule 1, after paragraph 1216 (3) (b)

insert
(c)
Application by a person is not a valid application if:
(i)
the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135 (1) of the Act, proposing cancellation; and
(ii)
the person has not been notified of a decision not to proceed with the cancellation; and
(iii)
the visa was not the subject of a decision to cancel the visa under section 134 of the Act.
(d)
Application by a person is not a valid application if:
(i)
the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and
(ii)
the decision to cancel the visa has not been set aside by the AAT.

Schedule 12Amendments relating to Subclass 416 (Special Program) visas

(regulation 3)

[1]Paragraph 2.07AA (2) (c)

omit
an office mentioned in subparagraph 2.10 (1) (b) (ii):
insert
an office of Immigration that is approved in writing by the Minister as an office to which an application for a Temporary Business Entry (Class UC) visa may be made:

[2]After subregulation 2.07AA (2)

insert
(3)
If:
(a)
an applicant for a Temporary Business Entry (Class UC) visa is described in paragraphs (2) (a) and (b); and
(b)
the Government of the designated APEC economy or the Government of Hong Kong has sent the material required under paragraph (2) (c) to an office of Immigration that is approved in writing by the Minister as an office to which an application for a Temporary Business Entry (Class UC) visa may be made;
the application for the visa is taken to have been made at that office of Immigration.

[3]Paragraph 2.07AB (1) (g)

substitute
(g)
an office of an agent mentioned in paragraph (3) (b).

[4]After subregulation 2.07AB (2)

insert
(3)
If a person makes an application for an Electronic Travel Authority (Class UD) to:
(a)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(b)
an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made;
by telephone, in writing (including by fax), by electronic transmission using a computer or in any other manner approved in writing by the Minister for this subregulation, the person is taken to have made the application at that office.

[5]Subregulations 2.10 (1), (2) and (2A)

substitute
(1)
For section 46 of the Act, an application for a visa (not being an Internet application) must be made in accordance with this regulation.
(2)
If an application for a visa is made outside Australia, the application must be made:
(a)
in accordance with any requirements in:

(i)
this Division; or
(ii)
the item in Schedule 1 that relates to the visa;
about where to make the application; or
(b)
if there are no requirements of that kind — at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
Note 1 Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.
Note 2 A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.
(2A)
If an application for a visa is made in Australia, the application must be made:
(a)
in accordance with any requirements in:
(i)
this Division; or
(ii)
the item in Schedule 1 that relates to the visa;
about where to make the application; or
(b)
if there are no requirements of that kind — at an office of Immigration in Australia.
Note 1 Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.
Note 2 A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.

[6]Subregulation 2.10 (4)

omit
For the purposes of subregulation (1),
insert
For Division 2.2 (not including regulation 2.09) and Schedule 1,

[7]Subregulation 2.10AA (2)

omit
Despite regulation 2.10 and anything in Schedule 1, the application
insert
The application

[8]Subparagraph 3.03 (3) (i) (ii)

omit
card.
insert
card; and

[9]After paragraph 3.03 (3) (i)

insert
(j)
if the non-citizen holds a Subclass 416 (Special Program) visa, and is the holder of a valid passport issued by a foreign country specified in a Gazette Notice for this paragraph:
(i)
show a clearance officer evidence of the person’s identity, as specified in Part 1 of Schedule 9; and
(ii)
give the clearance officer a completed passenger card; and

[10]Schedule 1, paragraph 1205 (3) (a)

omit
meet the criteria for the grant of
insert
satisfy the criteria for the grant of a Subclass 416 (Special Program) visa or

[11]Schedule 1, paragraph 1205 (3) (b)

omit
meet the criteria for the grant of
insert
satisfy the criteria for the grant of a Subclass 416 (Special Program) visa or

[12]Schedule 1, after paragraph 1205 (3) (b)

insert
(ba)
Application by a person seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa must be made by:
(i)
posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or
(ii)
having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph; or
(iii)
having the application sent by facsimile to the address specified in a Gazette Notice for this subparagraph.

[13]Schedule 1, paragraph 1205 (3) (c)

omit
meet
insert
satisfy

[14]Schedule 1, after paragraph 1208A (3) (ba)

insert
(bb)
If the application is made outside Australia, application must be made at:
(i)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii)
an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(bc)
If the application is made in Australia, application must be made:
(i)
in immigration clearance; or
(ii)
at an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.

[15]Schedule 1, after paragraph 1214 (3) (c)

insert
(ca)
If the application is made outside Australia, application must be made at:
(i)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii)
an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for Long Stay (Visitor) (Class TN) visas.

[16]Schedule 1, after paragraph 1214A (3) (b)

insert
(ba)
If the application is made outside Australia, application must be made at:
(i)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii)
an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for Medical Treatment (Visitor) (Class UB) visas.

[17]Schedule 1, after paragraph 1218 (3) (bb)

insert
(bc)
If the application (not being an Internet application) is made outside Australia, application must be made at:
(i)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii)
an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for Short Stay (Visitor) (Class TR) visas.

[18]Schedule 1, paragraph 1222 (3) (aa)

omit
Despite regulation 2.10, an
insert
An

[19]Schedule 1, after paragraph 1222 (3) (cd)

insert
(ce)
If the application (not being an Internet application) is made outside Australia, application must be made at:
(i)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii)
an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for Student (Temporary) (Class TU) visas.
(cf)
If the application is made in Australia, using form 157P, application must be made at:
(i)
an office of Immigration in Australia; or
(ii)
if the educational institution at which the applicant is enrolled is approved in writing by the Minister for the purpose of receiving applications for Student (Temporary) (Class TU) visas — that educational institution; or
(iii)
if:
(A)
the applicant holds a Subclass 560, 563, 570, 571, 572, 573, 574, 575 or 576 visa as a member of the family unit of a person who, having satisfied the primary criteria, holds a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa; and
(B)
the educational institution at which that person is enrolled is approved in writing by the Minister for the purpose of receiving applications for Student (Temporary) (Class TU) visas;
that educational institution.

[20]Schedule 1, after paragraph 1223A (3) (d)

insert
(e)
If:
(i)
the application is made outside Australia; and
(ii)
the applicant seeks a visa that will permit him or her to remain in Australia for a period, or periods, of 3 months or less (whether or not the visa would permit the applicant to travel to and enter Australia);
application must be made at:
(iii)
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(iv)
an office of a visa application agency that is approved in writing by the Minister with whom an application for a Temporary Business Entry (Class UC) visa may be made.
(f)
If the application is made in Australia, in accordance with subregulation 2.07AA (2), application must be made at an office of Immigration that is approved in writing by the Minister as an office to which an application for a Temporary Business Entry (Class UC) visa may be made.

[21]Schedule 2, Subdivision 416.21, note

substitute
Note If the applicant is outside Australia at time of application, there are no criteria to be satisfied at time of application.

[22]Schedule 2, clause 416.211

omit
application is made in the migration zone,
insert
applicant is in the migration zone at time of application,

[23]Schedule 2, clause 416.221

substitute

416.221 If:

(a)
the applicant was outside Australia at time of application; or
(b)
the applicant was in the migration zone at time of application and the applicant does not hold a Subclass 416 visa;
the applicant satisfies the criteria in clauses 416.222 to 416.226.

[24]Schedule 2, clause 416.225

substitute
416.225 If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

[25]Schedule 2, clause 416.226

omit
application is made in the migration zone,
insert
applicant was in the migration zone at time of application,

[26]Schedule 2, clause 416.227

substitute
416.227 If, at time of application, the applicant was in the migration zone and was also the holder of a Subclass 416 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a Subclass 416 visa.

[27]Schedule 2, clause 416.312

substitute
416.312 If the applicant is outside Australia at time of application and the application is made separately from that of the person who seeks to satisfy or has satisfied the primary criteria, that person is, or is expected soon to be, in Australia.

[28]Schedule 2, clause 416.324

substitute
416.324 If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

[29]Schedule 2, clause 416.324A

omit
application is made in the migration zone,
insert
applicant was in the migration zone at time of application,

[30]Schedule 2, clauses 416.411 and 416.412

substitute
416.411 If the applicant was in the migration zone at time of application, the applicant must be in the migration zone, but not in immigration clearance, at the time of grant.
416.412 If the applicant was outside Australia at time of application, the applicant must be outside Australia at time of grant.

[31]Schedule 2, clause 416.611

substitute
416.611 If the applicant satisfies the primary criteria, condition 8107.
416.611A If the applicant satisfies the primary criteria or the secondary criteria, condition 8403 may be imposed.

[32]Schedule 9, Part 1, after item 28

insert

Persons who hold:

(a)
a Subclass 416 (Special Program) visa; and
(b)
a valid passport issued by a foreign country specified in a Gazette Notice for paragraph 3.03 (3) (j)

Passport

Yes

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, 283 (disallowed by the Senate on 24 November 2003), 296 (as amended by 2003 No. 363), 362 and 363; 2004 No. 21.
2. Notified in the Commonwealth of Australia Gazette on 20 May 2004.