Migration Amendment Regulations 2007 (No. 8) (Cth)

Migration Amendment Regulations 2007 (No. 8)¹

Select Legislative Instrument 2007 No. 272

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 6 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2007 (No. 8).

Commencement

These Regulations commence on 10 September 2007.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Transitional

(1)The amendments made by items [1], [2], [8], [9], [12] and [13] of Schedule 1 apply in relation to:

(a)an application for approval as an approved trade skills training sponsor made on or after the date of commencement of these Regulations; and

(b)an application for approval as an approved trade skills training sponsor made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before the date of commencement of these Regulations.

(2)Despite the amendments made by items [1], [2] (except so far as it omits regulations 1.20UK, 1.20UL and 1.20UM of the Migration Regulations 1994), [9] and [13] of Schedule 1, the Migration Regulations 1994 are taken to apply in relation to an approved trade skills training sponsor or former approved trade skills training sponsor of the holder of a Subclass 471 (Trade Skills Training) visa, as if those amendments had not been made.

(3)The amendments made by items [3], [6], [7], [10], [11] and [14] to [23] of Schedule 1 apply in relation to:

(a)an application for a visa made on or after the date of commencement of these Regulations; and

(b)an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before the date of commencement of these Regulations.

(4)Despite the amendments made by items [6], [22] (except so far as it omits Divisions 471.2, 471.3 and 471.4 of the Migration Regulations 1994) and [23] of Schedule 1, the Migration Regulations 1994 are taken to apply in relation to an existing holder of a Subclass 471 (Trade Skills Training) visa as if those amendments had not been made.

Note There are no transitional provisions for the amendments made by items 4 and 5 of Schedule 1.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1.03, definition of approved trade skills training sponsor

omit

[2] Part 1, Division 1.4E

omit

[3] Paragraph 2.07AO (3) (ma)

omit

[4] Subparagraph 2.12F (2) (d) (ii)

omit

subclause.

insert

subclause;

[5] After paragraph 2.12F (2) (d)

insert

(e)the application is an application for a Subclass 471 (Trade Skills Training) visa that was made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before the date of commencement of this paragraph.

[6] Paragraph 2.43 (1) (lb)

omit

[7] Subregulation 4.02 (1B)

omit

[8] Paragraph 4.02 (4) (ga)

omit

[9] Paragraph 4.02 (4) (ha)

omit

[10] Sub‑subparagraph 4.02 (4) (l) (ii) (E)

omit

visa;

insert

visa.

[11] Paragraph 4.02 (4) (m)

omit

[12] Paragraph 4.02 (5) (fa)

omit

[13] Paragraph 4.02 (5) (ga)

omit

[14] Paragraph 4.02 (5) (k)

omit

nominator;

insert

nominator.

[15] Paragraph 4.02 (5) (l)

omit

[16] Schedule 1, subitems 1220B (1), (2) and (2A)

substitute

(1)Form: 1227.

(2)Visa application charge:

(a)First instalment (payable at the time application is made): $190

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

[17] Schedule 1, paragraphs 1220B (3) (d) to (h)

omit

[18] Schedule 1, subitem 1220B (4)

substitute

(4)Subclass:

470(Professional Development)

[19] Schedule 1, subitem 1301 (1)

substitute

(1)Form: 47SP, 47SP (Internet), 47CH, 47PA, 47PT, 47OF, 47SK, 47SK (Internet), 47ES, 47BT, 47BU, 47SV, 147, 157A, 157A (Internet), 852, 866, 918, 1001, 1002, 1003, 1005, 1066, 1066 (Internet), 1066S (Internet), 1096, 1182, 1150, 1150E (Internet), 1208, 1276 or 1276 (Internet).

[20] Schedule 1, subitem 1303 (1)

substitute

(1)Form: 47PT, 47SP, 47SP (Internet), 47CH, 47PA, 47OF, 47SK, 47ES, 47BU, 47SV, 147, 157A, 852, 866, 918, 1002, 1003, 1005, 1066, 1096, 1150, 1150E (Internet), 1276 or 1276 (Internet).

[21] Schedule 1, subitem 1305 (1)

substitute

(1)Form: 47PT, 47SP, 47SP (Internet), 47CH, 47PA, 47OF, 47SK, 47ES, 47BU, 47SV, 147, 157A, 852, 866, 918, 1002, 1003, 1005, 1008, 1066, 1096, 1150, 1150E (Internet), 1276 or 1276 (Internet).

[22] Schedule 2, Part 471

omit

[23] Schedule 8, clauses 8544, 8545 and 8546

omit

Note

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