Migration Amendment Regulations 2007 (No. 1) (Cth)

Migration Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 69

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 29 March 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Immigration and Citizenship

Contents

1Name of Regulations 2

2Commencement 2

3Amendment of Migration Regulations 1994 — Schedule 1 3

4Amendment of Migration Regulations 1994 — Schedule 2 3

5Amendment of Migration Regulations 1994 — Schedule 3 3

6Amendment of Migration Regulations 1994 — Schedule 4 3

7Amendment of Migration Regulations 1994 — Schedule 5 3

Schedule 1General amendments 4

Schedule 2Amendments relating to guests of Government and carers 5

Schedule 3Amendments relating to Special Program visas and Occupational Trainee visas 6

Schedule 4Amendments relating to overseas forces 9

Schedule 5Amendment relating to relevant assessing authorities (commencing 1 July 2007) 11

Name of Regulations

These Regulations are the Migration Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence as follows:

(a)on 23 April 2007 — regulations 1 to 6 and Schedules 1 to 4;

(b)on 1 July 2007 — regulation 7 and Schedule 5.

Amendment of Migration Regulations 1994 — Schedule 1

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 23 April 2007.

Amendment of Migration Regulations 1994 — Schedule 2

(1)Schedule 2 amends the Migration Regulations 1994.

(2)The amendment made by item [1] of Schedule 2 does not apply in relation to a person who:

(a)entered Australia before 23 April 2007; and

(b)has not left Australia.

(3)If a person mentioned in subregulation (2) leaves Australia, the amendment made by item [1] of Schedule 2 applies in relation to the person when the person leaves Australia.

Amendment of Migration Regulations 1994 — Schedule 3

(1)Schedule 3 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 3 apply in relation to an application for a visa made on or after 23 April 2007.

Amendment of Migration Regulations 1994 — Schedule 4

Schedule 4 amends the Migration Regulations 1994.

Note There are no transitional arrangements in relation to the amendments made by Schedule 4.

Amendment of Migration Regulations 1994 — Schedule 5

(1)Schedule 5 amends the Migration Regulations 1994.

(2)The amendment made by Schedule 5 applies in relation to the making or consideration of an application for a skills assessment on or after 1 July 2007.

Schedule 1 General amendments

(regulation 3)

[1] Regulation 1.20UJ, definition of apprenticeship

omit

New Apprenticeship Scheme

insert

New Apprenticeships Scheme

[2] Regulation 1.20UJ, definition of New Apprenticeship Scheme

substitute

New Apprenticeships Scheme means the national apprenticeship and traineeship arrangements that came into effect on 1 January 1998.

[3] Schedule 1, subitem 1305 (1)

omit

or 1150E (Internet).

insert

, 1150E (Internet) or 1261.

Schedule 2 Amendments relating to guests of Government and carers

(regulation 4)

[1] Regulation 1.03, definition of guest of Government, paragraphs (b), (c) and (d)

substitute

(b)a member of the immediate family of the official guest of the Australian Government, who is accompanying the official guest.

[2] Subregulation 1.15AA (2)

substitute

(2)A certificate meets the requirements of this subregulation if:

(a)it is a certificate:

(i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and

(ii)signed by the medical adviser who carried it out; or

(b)it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.

[3] Subregulation 1.15AA (4), definition of Health Services Australia

omit

Schedule 3 Amendments relating to Special Program visas and Occupational Trainee visas

(regulation 5)

[1] Schedule 2, clause 416.211

substitute

416.211If the applicant is in the migration zone at the time of application:

(a)the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

(b)if the applicant does not hold a substantive visa at the time of application:

(i)the last substantive visa held by the applicant was not a Subclass 771 visa or a special purpose visa; and

(ii)the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

[2] Schedule 2, clause 442.211

substitute

442.211If the applicant is in the migration zone at the time of application:

(a)the applicant holds a substantive visa, other than:

(i)a Subclass 560 (Student) visa; or

(ii)a Subclass 562 (Iranian Postgraduate Student) visa; or

(iii)a Subclass 563 (Iranian Postgraduate Student Dependant) visa; or

(iv)a Subclass 571 (Schools Sector) visa; or

(v)a Subclass 576 (AusAID or Defence Sector) visa; or

(vi)a Subclass 771 (Transit) visa; or

(vii)a special purpose visa; or

(b)if the applicant does not hold a substantive visa at the time of application:

(i)the last substantive visa held by the applicant was not a visa mentioned in subparagraphs (a) (i) to (vii); and

(ii)the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

[3] Schedule 2, clause 442.229

substitute

442.229(1) This clause applies to an applicant if the application is made in the migration zone and:

(a)at the time of making the application, the applicant was the holder of a visa of one of the following subclasses:

(i)Subclass 570 (Independent ELICOS Sector);

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

(iii)Subclass 573 (Higher Education Sector);

(iv)Subclass 574 (Postgraduate Research Sector);

(v)Subclass 575 (Non‑Award Sector); or

(b)at the time of making the application:

(i)the applicant was not the holder of a substantive visa; and

(ii)the last substantive visa held by the applicant was a visa of a subclass mentioned in paragraph (a).

(2) If this clause applies to the applicant, 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:

(A)the visa held by the applicant at the time of application; or

(B)if the applicant was not the holder of a substantive visa at the time of application — the last substantive visa held by the applicant;

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:

(A)the visa held by the applicant at the time of application; or

(B)if the applicant was not the holder of a substantive visa at the time of application — the last substantive visa held by the applicant;

was granted; and

(ii)must complete a period of practical employment experience in order 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.

Schedule 4 Amendments relating to overseas forces

(regulation 6)

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

after

Papua New Guinea,

insert

the Republic of the Philippines,

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

after

Papua New Guinea,

insert

the Republic of the Philippines,

[3] Schedule 2, clause 820.111, note

substitute

Note eligible New Zealand citizen, SOFA forces civilian component member and SOFA forces member are defined in regulation 1.03.

[4] Schedule 2, subclause 820.211 (2A), note

omit

[5] Schedule 2, Subdivision 826.1, including the note

substitute

826.1 Interpretation

Note 1 eligible New Zealand citizen, SOFA forces civilian component member and SOFA forces member are defined in regulation 1.03.

Note 2 interdependent relationship is defined in regulation 1.09A.

Note 3 There are no interpretation provisions specific to this Part.

Schedule 5 Amendment relating to relevant assessing authorities (commencing 1 July 2007)

(regulation 7)

[1] Subregulation 2.26B (1)

substitute

(1)Subject to subregulation (1A), the Minister may, by an instrument in writing for this subregulation, specify a person or body as the relevant assessing authority for:

(a)a skilled occupation; and

(b)one or more countries;

for the purposes of an application for a skills assessment made by a resident of one of those countries.

(1A)The Minister must not make an instrument under subregulation (1) unless the person or body has been approved in writing as the relevant assessing authority for the occupation by:

(a)the Education Minister; or

(b)the Employment Minister.

Note

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