Migration Amendment Regulations 2006 (No. 5) (Cth)

Migration Amendment Regulations 2006 (No. 5)¹

Select Legislative Instrument 2006 No. 238

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

Dated 7 September 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural Affairs

Name of Regulations

These Regulations are the Migration Amendment Regulations 2006 (No. 5).

Commencement

These Regulations commence on 1 October 2006.

Amendment of Migration Regulations 1994

Schedules 1 to 5 amend the Migration Regulations 1994.

Transitional

Note There are no transitional arrangements for Schedules 1, 2 and 3.

(1)The amendment made by Schedule 4 applies in relation to an application for a visa made on or after 1 October 2006.

(2)The amendments made by Schedule 5 apply in relation to an application for a visa made on or after 1 October 2006.

Schedule 1 Amendment relating to the limitation on approval of sponsorship

(regulation 3)

[1] Paragraph 1.20L (4) (b)

omit

is satisfied that:

insert

has, at any time, determined in writing that he or she is satisfied that:

Schedule 2 Amendment relating to certification of documents by registered migration agents

(regulation 3)

[1] Subparagraph 2.13 (5) (b) (iv)

substitute

(iv)a registered migration agent whose registration is not:

(A)suspended; or

(B)subject to a caution; or

(v)if the copy is certified in a place outside Australia:

(A) a registered migration agent mentioned in subparagraph (iv); or

(B)a person who is the equivalent of a Justice of the Peace or Commissioner for Declarations in that place.

Note Section 303 of the Act provides that the Migration Agents Registration Authority may suspend the registration of a registered migration agent or caution him or her. If a registered migration agent is subject to a suspension of his or her registration, or a caution, particulars of the suspension or caution are shown on the Register of Migration Agents: subsection 287 (2) of the Act. These particulars must be removed once the suspension or caution is no longer in effect: subsection 287 (5) of the Act.

Schedule 3 Amendments relating to the use of information

(regulation 3)

[1] Subregulation 3.10 (3)

omit each mention of

passengers

insert

persons

[2] After subregulation 3.10 (3)

insert

(3A)If:

(a)the Commonwealth has entered into an agreement with an international air carrier in relation to the provision of information concerning persons on international flights; and

(b)the Minister is satisfied that the provision to that international air carrier of the information specified in subregulation (4) would facilitate the handling of persons travelling to destinations outside Australia;

the Minister may cause that information to be provided to that international air carrier.

[3] Subregulation 3.10 (4)

omit everything before paragraph (a), insert

(4)For paragraph (3) (b), in relation to a person travelling to (or to and beyond) the country mentioned in that paragraph, and for paragraph (3A) (b), in relation to a person travelling with the international air carrier mentioned in that paragraph, the following information is specified:

[4] Subregulation 3.10 (5)

omit

paragraph (3) (a):

insert

paragraph (3) (a) or (3A) (a):

Schedule 4 Amendment relating to Subclass 856 visas

(regulation 3)

[1] Schedule 2, sub–subparagraph 856.213 (b) (iii) (A)

substitute

(A)holds a Subclass 418, 421, 422, 428, 444, 457 or 461 visa; and

Schedule 5 Amendments relating to health waiver for certain classes of visa

(regulation 3)

[1] Schedule 2, clause 846.111, after definition of designated area, before the notes

insert

participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

[2] Schedule 2, clause 846.224

substitute

846.224The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides, or proposes to reside, in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[3] Schedule 2, clause 846.225

substitute

846.225(1) Each member of the family unit of the applicant who is an applicant for a Subclass 846 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the person resides, or proposes to reside, in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 846 visa is a person who:

(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b)either:

(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or

(ii)in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

[4] Schedule 2, clause 846.322

substitute

846.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides, or proposes to reside, in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[5] Schedule 2, Division 855.1, before the notes

insert

855.111In this Part:

participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

[6] Schedule 2, Division 855.1

omit

There are no interpretation provisions specific to this Part

[7] Schedule 2, clause 855.223

substitute

855.223The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[8] Schedule 2, subclause 855.225 (1)

substitute

855.225(1) Each member of the family unit of the applicant who is an applicant for a Subclass 855 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the person resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[9] Schedule 2, subclause 855.225 (2)

substitute

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 855 visa is a person who:

(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b)either:

(i)if the applicant resides or proposes to reside in a participating State or Territory — satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or

(ii)in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

[10] Schedule 2, clause 855.322

substitute

855.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[11] Schedule 2, Division 856.1, before the note

insert

856.111In this Part:

participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

[12] Schedule 2, Division 856.1, note

omit

There are no interpretation provisions specific to this Part.

[13] Schedule 2, clause 856.223

substitute

856.223The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[14] Schedule 2, subclause 856.225 (1)

substitute

856.225(1) Each member of the family unit of the applicant who is an applicant for a Subclass 856 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the person resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[15] Schedule 2, subclause 856.225 (2)

substitute

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 856 visa is a person who:

(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b)either:

(i)if the applicant resides or proposes to reside in a participating State or Territory — satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or

(ii)in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

[16] Schedule 2, clause 856.322

substitute

856.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant resides or proposes to reside in a participating State or Territory — public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[17] Schedule 2, clause 857.111, before definition of regional Australia

insert

participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

[18] Schedule 2, clause 857.223

substitute

857.223The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant:

(i)resides or proposes to reside in a participating State or Territory; or

(ii)was the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa at the time of application;

public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[19] Schedule 2, subclause 857.225 (1)

substitute

857.225(1) Each member of the family unit of the applicant who is an applicant for a Subclass 857 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the member:

(i)resides or proposes to reside in a participating State or Territory; or

(ii)was the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa at the time of application;

public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

[20] Schedule 2, subclause 857.225 (2)

substitute

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 857 visa is a person who:

(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b)either:

(i)if:

(A)the applicant resides or proposes to reside in a participating State or Territory; or

(B)the member was the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa at the time of application;

satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or

(ii)in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

[21] Schedule 2, clause 857.322

substitute

857.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010, and:

(a)if the applicant:

(i)resides or proposes to reside in a participating State or Territory; or

(ii)was the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa at the time of application;

public interest criterion 4007; or

(b)in any other case — public interest criterion 4005.

Note

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