Migration Amendment Regulations 2005 (No. 9) (Cth)

Migration Amendment Regulations 2005 (No. 9)¹

Select Legislative Instrument 2005 No. 240

I, JOHN LANDY, 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 20 October 2005

JOHN LANDY

Administrator

By the Administrator’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

Contents

1Name of Regulations                                            3

2Commencement                                                 3

3Amendment of Migration Regulations 1994                  3

4Transitional — Schedule 1                                     3

5Transitional — Schedule 2                                     3

6Transitional — Schedule 3                                     4

7Transitional — Schedule 4                                     4

8Transitional — Schedule 6                                     4

9Transitional — Schedule 8                                     5

10Transitional — Schedule 9                                     6

11Transitional — Schedule 10                                    6

12Transitional — Schedule 12                                    6

Schedule 1Amendments relating to temporary residence visas     7

Schedule 2Amendments relating to Skilled Migration visas        9

Schedule 3Amendments relating to the general skilled migration program   23

Schedule 4Amendments relating to occupational trainee visas   60

Schedule 5Amendments relating to sponsored family visitor visas 64

Schedule 6Amendments relating to Working Holiday Maker visas 65

Schedule 7Amendments relating to Subclass 471 (Trade Skills Training) visa       71

Schedule 8Amendments relating to professional development visas         95

Schedule 9Amendments relating to student career relevance    106

Schedule 10           Amendments relating to student visas                 108

Schedule 11Technical amendments                                     121

Schedule 12Amendments relating to Subclass 151 and 832 visas 127

1. Name of Regulations

These Regulations are the Migration Amendment Regulations 2005 (No. 9).

1. Commencement

These Regulations commence on 1 November 2005.

1. Amendment of Migration Regulations 1994

Schedules 1 to 12 amend the Migration Regulations 1994.

1. Transitional — Schedule 1

(1)The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 1, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

1. Transitional — Schedule 2

(1)The amendments made by Part 1 of Schedule 2 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Part 1 of Schedule 2, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

(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 November 2005; or

(b)made on or after 1 November 2005.

1. Transitional — Schedule 3

(1)The amendments made by Schedule 3 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 3, the Migration Regulations 1994, as amended by items [1] and [71] of that Schedule, are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments (other than the amendment made by items [1] and [71]) had not been made.

1. Transitional — Schedule 4

(1)The amendments made by Schedule 4 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 4, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

Note   There are no transitional provisions for Schedule 5.

1. Transitional — Schedule 6

The amendments made by Schedule 6 apply in relation to an application for a visa made on or after 1 November 2005.

Note   There are no transitional provisions for Schedule 7.

1. Transitional — Schedule 8

Applications for approval as approved professional development sponsor

(1)If an application for approval as an approved professional development sponsor is made on or after 1 November 2005, the Migration Regulations 1994, as amended by Schedule 8 (the new law), apply in relation to the application.

(2)If:

(a)an application for approval as an approved professional development sponsor is made before 1 November 2005; and

(b)the application is not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 November 2005;

despite the amendments of the Migration Regulations 1994 made by Schedule 8, the Migration Regulations 1994, as in force immediately before the commencement of this item (the old law), are taken to apply in relation to the application, as if those amendments had not been made.

Applications for visas

(3)If:

(a)an application for a visa is made on or after 1 November 2005; and

(b)the application is made in respect of a professional development program being conducted by an approved professional development sponsor; and

(c)the sponsor is approved under the new law;

the new law applies in relation to the application for a visa.

(4)Despite the amendments of the Migration Regulations 1994 made by Schedule 8, if:

(a)the application is made in respect of a professional development program being conducted by an approved professional development sponsor; and

(b)the sponsor is approved under the old law;

the old law is taken to apply in relation to the application for a visa, as if those amendments had not been made.

1. Transitional — Schedule 9

(1)The amendments made by Schedule 9 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 9, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

1. Transitional — Schedule 10

(1)The amendments made by Schedule 10 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 10, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

Note   There are no transitional provisions for Schedule 11.

1. Transitional — Schedule 12

(1)The amendments made by Schedule 12 apply in relation to an application for a visa made on or after 1 November 2005.

(2)Despite the amendments made by Schedule 12, the Migration Regulations 1994 are taken to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2005, as if those amendments had not been made.

Schedule 1          Amendments relating to temporary residence visas

(regulation 3)

Part 1                         General amendments

[1]          Paragraph 2.07AO (3) (h)

omit

[2]          Paragraph 2.12BF (1) (h)

omit

Part 2                         Amendments of Schedule 1

[3]          Item 1204

omit

[4]          Subitem 1205 (4)

omit

424   (Public Lecturer)

[5]          Item 1210

omit

[6]          Item 1212

omit

[7]          Item 1223

omit

Part 3                         Amendments of Schedule 2

[8]          Part 424, including heading

omit

[9]          Part 425, including heading

omit

[10]        Part 430, including heading

omit

[11]        Part 432, including heading

omit

[12]        Part 446, including heading

omit

Part 4                         Amendments of Schedule 4

[13]        Part 2, table, item 4053

omit

[14]        Part 2, table, item 4054

omit

Schedule 2          Amendments relating to Skilled Migration visas

(regulation 3)

Part 1                         Amendments applying to applications made on or after 1 November 2005

Division 1General amendments

[1]          Regulation 2.11, heading

substitute

2.11Special provisions for certain visa applications that are refused

[2]          Subregulations 2.11 (1) and (2)

substitute

(1)If:

(a)any of the following applications for a visa (a first application) has been made:

(i)an application for a visa by a non-citizen made outside Australia;

(ii)an application for any of the following visas made by a non-citizen in Australia:

(A)a Skilled — Independent Overseas Student (Residence) (Class DD) visa;

(B)a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa;

(C)a Skilled — Independent Regional (Provisional) (Class UX) visa;

(D)a Skilled — Independent (Migrant) (Class BN) visa;

(E)a Skill Matching (Migrant) (Class BR) visa;

(F)a Skilled — Australian-sponsored (Migrant) (Class BQ) visa;

(G)a Skilled — New Zealand Citizen (Residence) (Class DB) visa; and

(b)the first application has been refused; and

(c)it appears to the Minister, on the basis of the information available to the Minister, that, if the non-citizen had applied for a visa of a different class, the visa would be likely to have been granted;

the Minister may invite the non-citizen to make an application (a further application) for a visa of the different class.

(2)An invitation made under subregulation (1) is to be an invitation:

(a)if subparagraph (a) (i) applies, and the first application was for a permanent visa — to make an application for a permanent visa; or

(b)if subparagraph (a) (i) applies, and the first application was for a temporary visa — to make an application for a temporary visa; or

(c)if subparagraph (a) (ii) applies — to make an application for a visa of a class mentioned in that subparagraph.

(2A)However:

(a)if the first application was for a Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for both a Spouse (Provisional) (Class UF) visa and a Spouse (Migrant) (Class BC) visa; and

(b)if the first application was for both a Spouse (Provisional) (Class UF) visa and a Spouse (Migrant) (Class BC) visa, the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa; and

(c)if the first application was for a Return (Residence) (Class BB) visa, the Minister may invite the applicant to make a further application for a Resident Return (Temporary) (Class TP) visa.

[3]          Subregulation 2.12 (1)

omit

(which limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused)

[4]          Subregulation 2.12 (1), at the foot

insert

Note Section 48 of the Act limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused.

[5]          After subregulation 2.12 (3)

insert

(4)For section 48 of the Act the following classes of visas are prescribed if, and only if, the person has received an invitation under regulation 2.11 to apply for a visa of that class:

(a)a Skilled — Independent Overseas Student (Residence) (Class DD) visa;

(b)a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa;

(c)a Skilled — Independent Regional (Provisional) (Class UX) visa;

(d)a Skilled — Independent (Migrant) (Class BN) visa;

(e)a Skill Matching (Migrant) (Class BR) visa;

(f)a Skilled — Australian-sponsored (Migrant) (Class BQ) visa;

(g)a Skilled — New Zealand Citizen (Residence) (Class DB) visa.

Note Section 48 of the Act limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused.

Division 2Amendments of Schedule 1

[6]          Subitem 1128AA (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[7]          Subitem 1128B (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[8]          Subitem 1128BA (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[9]          Subitem 1128BA (5), definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[10]        Subitem 1128C (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[11]        Subitem 1128CA (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[12]        Subitem 1128CA (5), definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[13]        Subitem 1128D (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

[14]        Subitem 1212A (5), definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[15]        Subitem 1218A (2), at the foot

insert

Note   Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

Division 3Amendments of Schedule 2

[16]        Clause 134.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[17]        Clause 136.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[18]        Clause 137.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[19]        Clause 138.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[20]        Clause 139.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[21]        Clause 495.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[22]        Clauses 495.227 and 495.228

substitute

495.227The applicant is sponsored by a State or Territory government agency, the sponsorship has been accepted by the Minister, and the sponsorship is still in force.

[23]        Clause 495.324

omit

[24]        Clause 861.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[25]        Clause 862.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

[26]        Clause 863.111, definition of completed

substitute

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

Part 2                         Further amendments

Division 1General amendment

[27]        After subregulation 2.26A (5)

insert

(5A)For Part 8 of Schedule 6A, if:

(a)an application for a visa was made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 November 2005; and

(b)the Minister made an assessment under subsection 93 (1) of the Act in relation to the application before 1 November 2005;

the prescribed number of points for the purposes of that assessment is taken to be the sum of the number of points included in the assessment and the number of points (if any) to which the applicant would have been entitled, under item 6A82 of Part 8 of Schedule 6A, if that item had been in force at the time of the assessment.

Note   Item 6A82 of Part 8 of Schedule 6A commenced on 1 November 2005.

Division 2Amendments of Schedule 2

[28]        After clause 136.232

insert

136.233If the applicant’s qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act included (or, under subregulation 2.26A (5A), was taken to have included) the bonus points relating to a designated security mentioned in paragraph (a) of item 6A82 of Part 8 of Schedule 6A, the applicant has deposited at least AUD100 000 in a designated security for a term of not less than 12 months.

[29]        After clause 137.231

insert

137.232If the applicant’s qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act included (or, under subregulation 2.26A (5A), was taken to have included) the bonus points relating to a designated security mentioned in paragraph (a) of item 6A82 of Part 8 of Schedule 6A, the applicant has deposited at least AUD100 000 in a designated security for a term of not less than 12 months.

[30]        Clause 495.222, including the note

substitute

495.222(1)   If the applicant:

(a)was an applicant for a Skilled — Independent (Migrant) (Class BN) visa; and

(b)was invited by the Minister, under regulation 2.08DA, to apply for a Skilled — Independent Regional (Provisional) (Class UX) visa; and

(c)made the application for the Skilled — Independent Regional (Provisional) (Class UX) visa not later than 6 months after the day when the applicant received the invitation;

the applicant’s assessed score for the Skilled — Independent (Migrant) (Class BN) visa is equal to or greater than the applicable pass mark for the Skilled — Independent Regional (Provisional) (Class UX) visa.

(2)   If subclause (1) does not apply, the applicant has the qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act.

Note Subdivision B of Division 3 of Part 2 of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2 (see regulation 2.26A), and Schedule 6A, of these Regulations. Pool marks and pass marks are set from time to time by the Minister (Act, section 96).

[31]        After clause 495.234

insert

495.235If the applicant’s qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act included (or, under subregulation 2.26A (5A), was taken to have included) the bonus points relating to a designated security mentioned in paragraph (a) of item 6A82 of Part 8 of Schedule 6A, the applicant has deposited at least AUD100 000 in a designated security for a term of not less than 12 months.

Division 3Amendment of Schedule 6A

[32]        Part 8

substitute

Part 8           Bonus points qualification

Column 1 Item	Column 2 Qualification	Column 3 Number of points
6A81	Application for: ·       Skilled — Australian-sponsored (Migrant) (Class BQ) visa ·       Skilled — New Zealand Citizen (Residence) (Class DB) visa ·       Skilled — Independent Overseas Student (Residence) (Class DD) visa ·       Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa The applicant:	5
(a)    has deposited at least AUD100 000 in a designated security for a term of not less than 12 months; or
(b)   has been employed in Australia in a skilled occupation for a period of, or for periods totalling, at least 6 months in the 48 months immediately before the day on which the application was made while holding a substantive visa authorising him or her to work; or
(c)    is the holder of a qualification (that is of an equivalent standard to a degree awarded by an Australian tertiary educational institution) the tuition for which was conducted in a designated language; or
(d)   is accredited as a professional interpreter or translator (level 3) in a designated language by the National Accreditation Authority for Translators and Interpreters
6A82	Application for: ·       Skilled — Independent (Migrant) (Class BN) visa ·       Skilled — Independent Regional (Provisional) (Class UX) visa The applicant:	5
(a)    has indicated in the application that the applicant is able and willing to deposit at least AUD100 000 in a designated security for a term of not less than 12 months; or
(b)   has been employed in Australia in a skilled occupation for a period of, or for periods totalling, at least 6 months in the 48 months immediately before the day on which the application was made while holding a substantive visa authorising him or her to work; or
(c)    is the holder of a qualification (that is of an equivalent standard to a degree awarded by an Australian tertiary educational institution) the tuition for which was conducted in a designated language; or
(d)   is accredited as a professional interpreter or translator (level 3) in a designated language by the National Accreditation Authority for Translators and Interpreters

Schedule 3          Amendments relating to the general skilled migration program

(regulation 3)

Part 1                         General amendments

[1]          Regulation 1.03, definition of skilled occupation, paragraph (a)

substitute

(a)in relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa whose sponsor has, on the sponsorship form:

(i)stated a residential address the postcode of which is specified in a Gazette Notice for this subparagraph; and

(ii)declared that the address is the place at which the sponsor usually resides;

an occupation:

(iii)that is in the Sydney and Selected Areas Skilled Shortage List specified in that Gazette Notice; and

(iv)for which a number of points specified in that Gazette Notice are available; and

[2]          After subregulation 2.26A (7)

insert

(7A)In Parts 5, 6 and 10 of Schedule 6A:

course of study means a full-time registered course of study.

Note   registered course is defined in regulation 1.03.

[3]          Paragraph 2.27C (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

Part 2                         Amendments of Schedule 1

[4]          Paragraph 1104B (3) (j)

omit

the applicant must have held the Skilled — Independent Regional (Provisional) (Class UX) visa for at least 2 years.

insert

the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

[5]          Paragraph 1114A (3) (ba)

omit

the applicant has held the Skilled — Independent Regional (Provisional) (Class UX) visa for at least 2 years.

insert

the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

[6]          Sub-subparagraph 1128BA (3) (ja) (i) (A)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[7]          Sub-subparagraph 1128BA (3) (ja) (ii) (A)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[8]          Sub-subparagraph 1128BA (3) (ja) (ii) (B)

after

another Australian educational institution,

insert

as a result of a course of study,

[9]          Sub-subparagraph 1128BA (3) (ja) (ii) (C)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[10]        After sub-subparagraph 1128BA (3) (l) (iii) (C)

insert

(CA)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle;

[11]        Subitem 1128BA (5), after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[12]        Paragraph 1128C (3) (d)

omit

the applicant must have held the Skilled — Independent Regional (Provisional) (Class UX) visa for at least 2 years.

insert

the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

[13]        Sub-subparagraph 1128CA (3) (l) (i) (A)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[14]        Sub-subparagraph 1128CA (3) (l) (ii) (A)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[15]        Sub-subparagraph 1128CA (3) (l) (ii) (B)

after

another Australian educational institution,

insert

as a result of a course of study,

[16]        Sub-subparagraph 1128CA (3) (l) (ii) (C)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[17]        Subitem 1128CA (5), after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[18]        Sub-sub-subparagraph 1212A (3) (h) (ii) (A) (I)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[19]        Sub-sub-subparagraph 1212A (3) (h) (ii) (B) (I)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[20]        Sub-sub-subparagraph 1212A (3) (h) (ii) (B) (II)

after

another Australian educational institution,

insert

as a result of a course of study,

[21]        Sub-sub-subparagraph 1212A (3) (h) (ii) (B) (III)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[22]        Subitem 1212A (5), after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[23]        Paragraph 1218A (3) (c)

after

(5)

insert

, (5A), (5B)

[24]        Paragraph 1218A (3) (e)

omit

subclause (5),

insert

subitem (5),

[25]        Subitem 1218A (4)

substitute

(4)If the applicant is the holder of, or is a member of the family unit of the holder of, a Skilled — Independent Regional (Provisional) (Class UX) visa:

(a)if the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria, the applicant has never held another Skilled — Independent Regional (Provisional) (Class UX) visa; and

(b)application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that each applicant who is at least 16 years old has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

[26]        Subitem 1218A (5)

omit

If the applicant is in Australia and seeks

insert

If the applicant does not meet the requirements of subitem 1218A (4), and is in Australia, and seeks

[27]        Sub-subparagraph 1218A (5) (h) (i) (A)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[28]        Sub-subparagraph 1218A (5) (h) (ii) (A)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[29]        Sub-subparagraph 1218A (5) (h) (ii) (B)

after

another Australian educational institution,

insert

as a result of a course of study,

[30]        Sub-subparagraph 1218A (5) (h) (ii) (C)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[31]        After subitem 1218A (5)

insert

(5A)If the applicant is the holder of a Subclass 417 (Working Holiday) visa:

(a)the applicant seeking to satisfy the primary criteria must be at least 18 years old and less than 45 years old; and

(b)the applicant seeking to satisfy the primary criteria has nominated a skilled occupation in his or her application; and

(c)the application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that:

(i)all persons included in the application have undergone a medical examination for the purpose of the application, carried out by any of the following:

(A)a Medical Officer of the Commonwealth;

(B)a medical practitioner approved by the Minister for this sub-subparagraph;

(C)a medical practitioner employed by an organisation approved by the Minister for this sub-subparagraph; and

(ii)each applicant who is at least 16 years old has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(iii)the applicant seeking to satisfy the primary criteria has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority; and

(iv)the applicant seeking to satisfy the primary criteria is sponsored by a State or Territory government agency; and

(v)the applicant must have been in Australia as the holder of a Working Holiday (Temporary) (Class TZ) visa for a period of at least 6 months immediately before the day when the application is made.

(5B)If the applicant is the holder of a Subclass 442 (Occupational Trainee) visa:

(a)the applicant seeking to satisfy the primary criteria must be at least 18 years old and less than 45 years old; and

(b)the applicant seeking to satisfy the primary criteria has nominated a skilled occupation in his or her application; and

(c)the application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that:

(i)all persons included in the application have undergone a medical examination for the purpose of the application, carried out by any of the following:

(A)a Medical Officer of the Commonwealth;

(B)a medical practitioner approved by the Minister for this sub-subparagraph;

(C)a medical practitioner employed by an organisation approved by the Minister for this sub-subparagraph; and

(ii)each applicant who is at least 16 years old has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(iii)the applicant seeking to satisfy the primary criteria has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority; and

(iv)the applicant seeking to satisfy the primary criteria is sponsored by a State or Territory government agency; and

(v)if the applicant is the holder of a Subclass 442 (Occupational Trainee) visa on the basis of satisfying the primary criteria — the applicant has completed the course, training or work experience for which the applicant was granted the Subclass 442 (Occupational Trainee) visa.

[32]        Subitem 1218A (6)

omit

subclause (4) or (5):

insert

subitem (4), (5), (5A) or (5B):

[33]        After subitem 1218A (7)

insert

(8)In this item:

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred.

course of study has the meaning given by subregulation 2.26A (7A).

degree and diploma have the meanings given in subregulation 2.26A (6).

trade qualification has the meaning given in subregulation 2.26A (6).

Part 3                         Amendments of Schedule 2

[34]        Subclause 010.611 (3A)

substitute

(3A)   In the case of a visa granted to a non-citizen who meets the requirements of subclause 010.211 (2) or (3) on the basis of a valid application for:

(a)a Graduate — Skilled (Temporary) (Class UQ) visa; or

(b)a Skilled — Independent Overseas Student (Class DD) visa; or

(c)a Skilled — Australian-sponsored Overseas Student (Class DE) visa; or

(d)a Skilled — Independent Regional (Provisional) (Class UX) visa;

8501.

[35]        Clause 134.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[36]        Subparagraph 134.215 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[37]        Subparagraph 134.215 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[38]        Subparagraph 134.215 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[39]        Subparagraph 134.215 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[40]        Subparagraph 134.222A (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[41]        Subparagraph 134.222A (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[42]        Subparagraph 134.222A (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[43]        Subparagraph 134.222A (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[44]        Paragraph 134.222B (3) (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[45]        Clause 136.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[46]        Subparagraph 136.213 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[47]        Subparagraph 136.213 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[48]        Subparagraph 136.213 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[49]        Subparagraph 136.213 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[50]        Subparagraph 136.223A (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[51]        Subparagraph 136.223A (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[52]        Subparagraph 136.223A (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[53]        Subparagraph 136.223A (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[54]        Paragraph 136.223B (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[55]        Clause 137.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[56]        Subparagraph 137.214 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[57]        Subparagraph 137.214 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[58]        Subparagraph 137.214 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[59]        Subparagraph 137.214 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[60]        Subparagraph 137.221A (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[61]        Subparagraph 137.221A (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[62]        Subparagraph 137.221A (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[63]        Subparagraph 137.221A (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[64]        Paragraph 137.221B (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[65]        Clause 138.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[66]        After paragraph 138.211 (c)

insert

(ca)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle;

[67]        Subparagraph 138.216 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[68]        Subparagraph 138.216 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[69]        Subparagraph 138.216 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[70]        Subparagraph 138.216 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[71]        After clause 138.221

insert

138.221AIf the postcode of the place at which the sponsor usually resides is specified in a Gazette Notice for subparagraph (a) (i) of the definition of skilled occupation in regulation 1.03, the applicant:

(a)has nominated a skilled occupation that is in the Sydney and Selected Areas Skilled Shortage List specified in that Gazette Notice; and

(b)has been assessed for that occupation.

[72]        Subparagraph 138.225A (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[73]        Subparagraph 138.225A (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[74]        Subparagraph 138.225A (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[75]        Subparagraph 138.225A (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[76]        Paragraph 138.225B (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[77]        Clause 139.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[78]        After paragraph 139.211 (c)

insert

(ca)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle;

[79]        Subparagraph 139.217 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[80]        Subparagraph 139.217 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[81]        Subparagraph 139.217 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[82]        Subparagraph 139.217 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[83]        Subparagraph 139.225A (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[84]        Subparagraph 139.225A (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[85]        Subparagraph 139.225A (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[86]        Subparagraph 139.225A (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[87]        Paragraph 139.225B (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[88]        Clause 495.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[89]        Before clause 495.211

insert

495.210For an applicant:

(a)who is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(b)in relation to whom the last substantive visa held by the applicant since last entering Australia was a visa of that kind;

clauses 495.213 and 495.214, paragraph 495.215 (c) and clause 495.219A only must be satisfied.

[90]        Subparagraph 495.211 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[91]        Subparagraph 495.211 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[92]        Subparagraph 495.211 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[93]        Subparagraph 495.211 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[94]        Subparagraph 495.211 (2) (b) (vi)

omit

in English.

insert

in English; or

[95]        After subparagraph 495.211 (2) (b) (vi)

insert

(c)the applicant is the holder of:

(i)a Working Holiday (Temporary) (Class TZ) visa; or

(ii)a Subclass 442 (Occupational Trainee) visa.

[96]        Clauses 495.214 to 495.219A

substitute

495.214If the applicant met the requirements of subitem 1218A (4) of Schedule 1 — the Minister is satisfied that the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

495.215For an applicant who met the requirements of subitem 1218A (5) of Schedule 1:

(a)if a declaration was required to be made for paragraph 1218A (5) (i) of Schedule 1 — the Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority; and

(b)if a declaration was required to be made for subparagraph 1218A (5) (e) (i) of Schedule 1 — the Minister is satisfied that the applicant has undergone a medical examination, for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub‑subparagraph 1218A (5) (e) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5) (e) (i) (C) of Schedule 1; and

(c)if a declaration was required to be made for subparagraph 1218A (5) (e) (ii) of Schedule 1 — the Minister is satisfied that the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(d)if a declaration was required to be made for sub-subparagraph 1218A (5) (f) (i) (B) of Schedule 1 — the Minister is satisfied that the applicant meets the requirements for which the declaration was made; and

(e)if a declaration was required to be made for paragraph 1218A (5) (h), (k) or (l) of Schedule 1 — the Minister is satisfied that the applicant meets the requirements of the paragraph for which the declaration was made.

495.216For an applicant who met the requirements of subitem 1218A (5A) of Schedule 1 — the Minister is satisfied that:

(a)the applicant has undergone a medical examination for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub-subparagraph 1218A (5A) (c) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5A) (c) (i) (C) of Schedule 1; and

(b)the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(c)the applicant has applied for a skills assessment for his or her nominated skilled occupation; and

(d)the applicant has held a Working Holiday (Temporary) (Class TZ) visa for a period of at least 6 months immediately before the day when the application is made.

495.217For an applicant who met the requirements of subitem 1218A (5B) of Schedule 1 — the Minister is satisfied that:

(a)the applicant has undergone a medical examination for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub-subparagraph 1218A (5B) (c) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5B) (c) (i) (C) of Schedule 1; and

(b)the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(c)the applicant has applied for a skills assessment for his or her nominated skilled occupation; and

(d)the applicant has completed the course, training or work experience for which the applicant was granted the Subclass 442 (Occupational Trainee) visa.

495.218For an applicant who met the requirements of subitem 1218A (6) of Schedule 1 — the Minister is satisfied that a relevant assessing authority has assessed the skills of the applicant for his or her nominated skilled occupation.

495.219If a declaration was required to be made for subparagraph 1218A (6) (a) (i) of Schedule 1 in relation to the applicant — the Minister is satisfied that the applicant meets the requirements of the paragraph for which the declaration was made.

495.219AThe Minister is satisfied that the applicant is sponsored by a State or Territory government agency.

[97]        Before clause 495.221

insert

495.220For an applicant:

(a)who is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(b)in relation to whom the last substantive visa held by the applicant since last entering Australia was a visa of that kind;

clauses 495.224, 495.225, 495.226, 495.227, 495.229, 495.230, 495.233 and 495.234 only must be satisfied.

[98]        Clause 495.311

substitute

495.311The applicant:

(a)is a member of the family unit of a person who satisfies the primary criteria in Subdivision 495.21, and has made a combined application with that person; or

(b)is a member of the family unit of a holder of a Skilled — Independent Regional (Provisional) (Class UX) visa.

[99]        Clauses 495.313 to 495.315

substitute

495.313If a declaration was required to be made for paragraph 1218A (4) (b) of Schedule 1 in relation to the applicant — the Minister is satisfied that the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

495.314If a declaration was required to be made for subitem 1218A (5) of Schedule 1 in relation to the applicant:

(a)if a declaration was required to be made for subparagraph 1218A (5) (e) (i) of Schedule 1 in relation to the applicant — the Minister is satisfied that the applicant has undergone a medical examination, for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub‑subparagraph 1218A (5) (e) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5) (e) (i) (C) of Schedule 1; and

(b)if a declaration was required to be made for subparagraph 1218A (5) (e) (ii) of Schedule 1 in relation to the applicant — the Minister is satisfied that the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made; and

(c)if a declaration was required to be made for paragraph 1218A (5) (k) or (l) of Schedule 1 in relation to the applicant — the Minister is satisfied that the applicant meets the requirements of the paragraph for which the declaration was made.

495.315If a declaration was required to be made for paragraph 1218A (5A) (c) of Schedule 1 in relation to the applicant — the Minister is satisfied that:

(a)the applicant has undergone a medical examination for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub-subparagraph 1218A (5A) (c) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5A) (c) (i) (C) of Schedule 1; and

(b)the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

495.316If a declaration was required to be made for paragraph 1218A (5B) (c) of Schedule 1 in relation to the applicant — the Minister is satisfied that:

(a)the applicant undergone a medical examination for the purpose of the application, carried out by any of the following:

(i)a Medical Officer of the Commonwealth;

(ii)a medical practitioner approved by the Minister for sub-subparagraph 1218A (5B) (c) (i) (B) of Schedule 1;

(iii)a medical practitioner employed by an organisation approved by the Minister for sub-subparagraph 1218A (5B) (c) (i) (C) of Schedule 1; and

(b)the applicant has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

[100]      Paragraphs 495.411 (a) and (b)

substitute

(a)meets the requirements of subitem (4), (5), (5A) or (5B) of item 1218A of Schedule 1; or

(b)is a member of the family unit of a person who meets the requirements of subitem (4), (5), (5A) or (5B) of item 1218A of Schedule 1, and made a combined application with that person;

[101]      Clause 861.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[102]      Subparagraph 861.213 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[103]      Subparagraph 861.213 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[104]      Subparagraph 861.213 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[105]      Subparagraph 861.213 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[106]      Clause 862.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[107]      After paragraph 862.211 (c)

insert

(ca)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle;

[108]      Subparagraph 862.216 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[109]      Subparagraph 862.216 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[110]      Subparagraph 862.216 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[111]      Subparagraph 862.216 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[112]      Clause 863.111, after definition of completed

insert

course of study has the meaning given by subregulation 2.26A (7A).

[113]      After paragraph 863.211 (c)

insert

(ca)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle;

[114]      Subparagraph 863.217 (2) (a) (i)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[115]      Subparagraph 863.217 (2) (b) (i)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[116]      Subparagraph 863.217 (2) (b) (ii)

after

another Australian educational institution,

insert

as a result of a course of study,

[117]      Subparagraph 863.217 (2) (b) (iii)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[118]      Paragraph 880.222A (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

[119]      Paragraph 881.224A (a)

substitute

(a)held:

(i)a substantive visa; or

(ii)a Subclass 010 Bridging A visa; or

(iii)a Subclass 020 Bridging B visa;

authorising him or her to work during that period; and

Part 4                         Amendments of Schedule 6A

[120]      Item 6A51, sub-subparagraph (e) (i) (A)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[121]      Item 6A51, sub-subparagraph (e) (ii) (A)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[122]      Item 6A51, sub-subparagraph (e) (ii) (B)

after

another Australian educational institution,

insert

as a result of a course of study,

[123]      Item 6A51, sub-subparagraph (e) (ii) (C)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[124]      Item 6A61

omit

as a result of at least 2 years full-time study

insert

as a result of a course of study of at least 2 years

[125]      Item 6A61A

omit each mention of

as a result of at least 1 year of full-time study,

insert

as a result of a course of study of at least 1 year,

[126]      Item 6A63, paragraph (a)

omit

as a result of at least 2 years full-time study

insert

as a result of a course of study of at least 2 years

[127]      Item 6A64, paragraph (a)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[128]      Item 6A64, paragraph (b)

after

another Australian educational institution,

insert

as a result of a course of study,

[129]      Item 6A64, paragraph (c)

omit

as a result of a total of at least 2 years of full-time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

[130]      Item 6A1001, paragraph (a)

omit

as a result of at least 2 years of full-time study

insert

as a result of a course of study of at least 2 years

[131]      Item 6A1001, paragraph (c)

omit

the 2 years of study;

insert

the course of study;

[132]      Item 6A1002, paragraph (a)

omit

as a result of less than 2 years of full-time study

insert

as a result of a course of study of less than 2 years

[133]      Item 6A1002, paragraph (c)

after

another Australian educational institution,

insert

as a result of a course of study,

[134]      Item 6A1002, paragraph (d)

omit

as a result of a total of at least 2 years of full‑time study

insert

as a result of 1 or more courses of study undertaken over a total of at least 2 years

Schedule 4          Amendments relating to occupational trainee visas

(regulation 3)

[1]          Paragraph 1.40 (4) (b)

after

Part

insert

442,

[2]          Division 442.1, including note

substitute

442.1     Interpretation

442.111In this Part:

completed, in relation to the principal course, for an award course means having met the academic requirements for its award, and for a non-award course means having met the course requirements.

Note   The academic requirements for the award of an academic qualification do not include the formal conferral of the award. Therefore, a person can complete a principal course, for this Part, before the award is formally conferred.

principal course has the meaning given in regulation 1.40.

[3]          Schedule 2, sub-subparagraph 442.211 (b) (i) (E)

omit

[4]          Schedule 2, subparagraph 442.211 (b) (ii)

substitute

(ii)a Subclass 456 (Business (Short Stay)) visa; or

(iii)a visa of one of the following subclasses:

(A)Subclass 570 (Independent ELICOS Sector);

(B)Subclass 572 (Vocational Education and Training Sector);

(C)Subclass 573 (Higher Education Sector);

(D)Subclass 574 (Postgraduate Research Sector);

(E)Subclass 575 (Non-Award Sector); or

[5]          Schedule 2, after subclause 442.222 (2)

insert

(3)   The nomination mentioned in subclause (1) in respect of an applicant must include a declaration that the applicant will be engaged or employed under Australian Industrial Relations law and relevant Commonwealth, State or Territory awards and conditions for the industry in which the applicant will undertake occupational training.

[6]          Schedule 2, subparagraph 442.223 (a) (ii)

omit

after leaving Australia

[7]          Schedule 2, clause 442.225

substitute

442.225The applicant:

(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

(b)gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

[8]          Schedule 2, clause 442.229

substitute

442.229If the application is made in the migration zone, and the applicant was, at the time of making the application, the holder of a visa mentioned in subparagraph 442.211 (b) (iii), or an applicant mentioned in paragraph 442.211 (e) whose last substantive visa was of a kind specified in subparagraph 442.211 (b) (iii), the applicant satisfies the Minister that:

(a)the applicant:

(i)has completed the principal course, at the diploma level or higher, in Australia in relation to which that visa was granted; and

(ii)seeks to undertake occupational training closely related to the principal course; and

(iii)would complete the occupational training within 12 months; or

(b)the applicant:

(i)has completed the principal course in Australia in relation to which that visa was granted; and

(ii)must complete a period of practical employment experience for the applicant to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in:

(A)the applicant’s usual country of residence; or

(B)Australia.

[9]          Schedule 2, after clause 442.232

insert

442.233(1)   Either:

(a)the applicant has turned 18; or

(b)the applicant has not turned 18, and the Minister is satisfied that exceptional circumstances exist for the grant of the visa.

(2)   If the applicant has not turned 18, public interest criteria 4012, 4017 and 4018 are satisfied in relation to the applicant.

[10]        Schedule 2, paragraph 442.323 (b)

omit

4010.

insert

4010; and

[11]        Schedule 2, after paragraph 442.323 (b)

insert

(c)gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

[12]        Schedule 2, clause 442.611

omit

condition 8102.

insert

conditions 8102 and 8501.

[13]        Schedule 2, clause 442.612

omit

condition 8101.

insert

conditions 8104 and 8501.

Schedule 5          Amendments relating to sponsored family visitor visas

(regulation 3)

[1]          Subparagraph 1.20L (1) (c) (ii)

substitute

(ii)subject to subregulation (4), if the visa has ceased to be in effect:

(A)the previous applicant did not comply with a condition of the visa; and

(B)a period of 5 years has not passed since the grant of the visa.

[2]          After subregulation 1.20L (3)

insert

(4)Despite subparagraph (1) (c) (ii), the Minister may approve the sponsorship by the sponsor of the applicant if:

(a)the previous applicant was the holder of:

(i)a Subclass 679 (Sponsored Family Visitor (Short Stay)) visa; or

(ii)a Subclass 679 (Sponsored Family Visitor) visa; and

(b)the Minister is satisfied that:

(i)the previous applicant did not comply with condition 8531; and

(ii)the previous applicant exceeded the period of stay permitted by the visa due to circumstances:

(A)beyond the previous applicant’s control; and

(B)that occurred after the previous applicant entered Australia as the holder of a visa mentioned in paragraph (a).

Note   Condition 8531 provides that the holder of a visa is not permitted to remain in Australia after the end of the period of stay permitted by that visa.

Schedule 6          Amendments relating to Working Holiday Maker visas

(regulation 3)

Part 1                         Amendments of Schedule 1

[1]          Subitem 1225 (3)

substitute

(3)Application by a person made using form 1150 must be made:

(a)if the applicant has previously entered Australia as the holder of a working holiday visa — by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in a Gazette Notice for this paragraph; or

(b)if the applicant has not previously entered Australia as the holder of a working holiday visa the application is made:

(i)if the applicant is a member of a class of persons specified by the Minister in a Gazette Notice for this paragraph — in any foreign country; or

(ii)if the applicant is a member of a class of persons specified by the Minister in a Gazette Notice for this paragraph — in the foreign country specified in the Gazette Notice for that class of persons.

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.

(D)was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v)successfully completed a foundation course that was conducted:

(A)in Australia; and

(B)in English; or

(vi)successfully completed a course in foundation studies that:

(A)is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B)was conducted outside Australia; and

(C)was conducted in English;

[11]        Paragraph 5A707 (d)

substitute

(d)the applicant had, less than 2 years before the date of the application:

(i)successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A)in Australia; and

(B)in English; or

(ii)successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A)is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B)was conducted outside Australia; and

(C)was conducted in English; or

(iii)as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A)was conducted in English; and

(B)was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv)successfully completed a substantial part of a course that:

(A)is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B)was conducted outside Australia; and

(C)was conducted in English; and

(D)was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v)successfully completed a foundation course that was conducted:

(A)in Australia; and

(B)in English; or

(vi)successfully completed a course in foundation studies that:

(A)is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B)was conducted outside Australia; and

(C)was conducted in English;

Schedule 11       Technical amendments

(regulation 3)

Part 1                         Amendments of Regulations

[1]          Division 1.2, first note

omit

An index of all the terms defined either in section 5 or in regulation 1.03 is set out in the list of Defined Terms at the front of the Regulations.

[2]          Subparagraph 1.20IA (a) (ii)

omit

a valid Subclass 457 (Business (Long Stay)) visa,

insert

a Subclass 457 (Business (Long Stay)) visa that is in effect,

[3]          Subparagraph 1.20T (a) (ii)

omit

a valid Subclass 470 (Professional Development) visa

insert

a Subclass 470 (Professional Development) visa that is in effect

[4]          Paragraph 2.20 (12) (e)

omit

finally determined; and

insert

finally determined.

[5]          Subparagraph 3.03 (3) (f) (ii)

omit

passenger card.

insert

passenger card; and

[6]          Subparagraph 3.03 (3) (g) (ii)

omit

passenger card; and

insert

passenger card.

Part 2                         Amendments of Schedule 1

[7]          Subparagraph 1128BA (3) (j) (ii)

omit

meet the criteria

insert

satisfy the criteria

[8]          Subparagraph 1128BA (3) (j) (iii)

omit

meet the criteria

insert

satisfy the criteria

[9]          Paragraph 1218A (3) (c)

omit

subclause (4)

insert

subitem (4)

Part 3                         Amendments of Schedule 2

[10]        Subdivision 051.21, heading

substitute

051.21Criteria to be satisfied at time of application

[11]        Subdivision 051.22, heading

substitute

051.22Criteria to be satisfied at time of decision

[12]        Subdivision 070.21, heading

substitute

070.21Criteria to be satisfied at time of application

[13]        Subdivision 070.22, heading

substitute

070.22Criteria to be satisfied at time of decision

[14]        Clause 309.111, definition of intended spouse

omit

subparagraph 309.211 (3) (a) (i), (ii), (iii) or (iv).

insert

subparagraph 309.211 (3) (a) (i), (ii) or (iii).

[15]        Clause 309.223

omit

paragraph 309.211 (2) (a), (b), (c), or (d)

insert

paragraph 309.211 (2) (a), (b) or (c)

[16]        Before Division 410.2

insert

410.1     Interpretation

Note   No interpretation provisions specific to this Part.

[17]        Sub-subparagraph 572.227 (c) (iii) (C)

omit

visa

[18]        Subparagraph 572.312 (2) (d) (iii)

omit

visa

[19]        Subparagraph 573.211 (2) (d) (iii)

omit

visa

[20]        Sub-subparagraph 573.227 (c) (iii) (C)

omit

visa

[21]        Subparagraph 573.312 (2) (d) (iii)

omit

visa

[22]        Subparagraph 574.211 (2) (d) (iii)

omit

visa

[23]        Sub-subparagraph 574.227 (c) (iii) (C)

omit

visa

[24]        Subparagraph 574.312 (2) (d) (iii)

omit

visa

[25]        Subparagraph 580.211 (2) (d) (iii)

omit

visa

[26]        Sub-subparagraph 580.227 (c) (iii) (C)

omit

visa

[27]        Subparagraph 580.311 (2) (d) (iii)

omit

visa

[28]        Subparagraph 773.213 (1) (g) (i)

substitute

(i)has entered Australia without a visa that is in effect; and

Part 4                         Amendments of Schedule 5

[29]        Paragraph 5010 (3) (b)

omit

AusAID visa

insert

AusAID student visa

[30]        Sub-subparagraph 5010 (4) (a) (i) (B)

omit

AusAID visa

insert

AusAID student visa

Schedule 12       Amendments relating to Subclass 151 and 832 visas

(regulation 3)

Part 1                         Amendments of Schedule 1

[1]          Item 1115

omit

[2]          Item 1118

substitute

1118A.Special Eligibility (Class CB)

(1)Form:   47SV.

(2)Visa application charge:

(a)First instalment (payable at the time application is made):

(i)In the case of an applicant who is in Australia:   $1 935

(ii)In the case of an applicant who is outside Australia:   $1 305

(b)Second instalment (payable before grant of visa):

(i)In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English:   $2 690

(ii)In any other case:   Nil.

(3)Other:

(a)Application must be made by:

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

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

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

(4)Subclasses:

151   (Former Resident)

Part 2                         Amendments of Schedule 2

[3]          Part 151

substitute

Subclass 151               Former Resident

Note   This Subclass applies in relation to an application for a visa made on or after 1 November 2005.

Subclass 151 visas that relate to the former Special Eligibility (Migrant) (Class AR) visa will not be available to applicants who apply on or after 1 November 2005.

151.1     Interpretation

In this Part:

Australian defence service means:

(a)service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or

(b)service before 19 January 1981:

(i)in the Permanent Forces; or

(ii)by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.

defence service applicant means an applicant who satisfies the Minister that he or she:

(a)has completed at least 3 months continuous Australian defence service; or

(b)was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant’s Australian defence service.

long residence applicant means an applicant who satisfies the Minister that he or she:

(a)spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and

(b)did not at any time acquire Australian citizenship; and

(c)has maintained business, cultural or personal ties with Australia; and

(d)has not turned 45 at the time of application.

the Permanent Forces has the same meaning as it has in the Defence Act 1903.

151.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

151.21Criteria to be satisfied at time of application

151.211If the applicant is in Australia, either:

(a)the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or

(b)the applicant:

(i)is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

(ii)satisfies Schedule 3 criterion 3002.

151.212The applicant is a long residence applicant or a defence service applicant.

151.22Criteria to be satisfied at time of decision

151.221The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010.

151.222If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.

151.223If the applicant is:

(a)a long residence applicant who is in Australia; or

(b)a defence service applicant;

the applicant also satisfies public interest criterion 4007.

151.224If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.

151.225If the applicant is a long residence applicant who is outside Australia:

(a)each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and

(b)each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

151.226If the applicant is a long residence applicant who is in Australia:

(a)each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and

(b)each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

151.227If the applicant is a defence service applicant:

(a)each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; or

(b)each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

151.228If a person (an additional applicant):

(a)is a member of the family unit of the applicant; and

(b)is also an applicant for a Special Eligibility (Class CB) visa; and

(c)has not turned 18;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

151.229If the applicant:

(a)is in Australia; and

(b)has previously been in Australia;

the applicant satisfies special return criteria 5001 and 5002.

151.229AIf the applicant:

(a)is outside Australia; and

(b)has previously been in Australia;

the applicant satisfies special return criteria 5001, 5002 and 5010.

151.229BIf 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.

151.229CThe Minister is satisfied that:

(a)the applicant is the holder of a valid passport that:

(i)was issued to the applicant by an official source; and

(ii)is in the form issued by the official source; or

(b)it would be unreasonable to require the applicant to be the holder of a passport.

151.3     Secondary criteria

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

151.31Criteria to be satisfied at time of application

151.311The applicant is a member of the family unit of a person who:

(a)has applied for a Special Eligibility (Class CB) visa; and

(b)on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21;

and the Minister has not decided to grant or refuse to grant a visa to the person.

151.32Criteria to be satisfied at time of decision

151.321The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa.

151.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010.

151.323If the applicant is a member of the family unit of a person who:

(a)was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and

(b)was outside Australia at the time of the person’s application;

the applicant also satisfies public interest criterion 4005.

151.324If the applicant is a member of the family unit of a person who:

(a)was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or

(b)was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa;

the applicant also satisfies public interest criterion 4007.

151.325If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.

151.326If the applicant:

(a)is in Australia; and

(b)has previously been in Australia;

the applicant satisfies special return criteria 5001 and 5002.

151.327If the applicant:

(a)is outside Australia; and

(b)has previously been in Australia;

the applicant satisfies special return criterion 5001, 5002 and 5010.

151.328If the Minister has requested an assurance of support in relation to the person who satisfied 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.

151.329The Minister is satisfied that:

(a)the applicant is the holder of a valid passport that:

(i)was issued to the applicant by an official source; and

(ii)is in the form issued by the official source; or

(b)it would be unreasonable to require the applicant to be the holder of a passport.

151.4     Circumstances applicable to grant

151.411If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

151.412If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

151.5     When visa is in effect

151.511Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

151.6     Conditions

151.611For an applicant who was outside Australia at the time of application:

(a)first entry must be made before a date specified by the Minister for the purpose; and

(b)condition 8502 may be imposed.

Note   No conditions have been prescribed for other applicants.

151.7     Way of giving evidence

151.711No evidence need be given.

151.712If evidence is given, to be given by way of visa label affixed to a valid passport.

[4]          Part 832

omit

Note

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