Migration Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 11

Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.

Dated 12 January 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

STEWART WEST

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Immigration,

Local Government and Ethnic Affairs

PART 1—PRELIMINARY

Commencement

1. (1) Part 2 is to be taken to have commenced on 19 December 1989.

(2) Part 1 in the Schedule to these Regulations is to be taken to have commenced on 20 December 1989.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Migration Regulations.

PART 2—GENERAL

Prescribed notification—paragraph 11e (3) (a) of the Act

3. Regulation 14 of the Principal Regulations is amended by adding at the end the following subregulation:

“(2) Subregulation (1) does not apply in relation to an exempt visa within the meaning of section 11e of the Act.”.

4. After regulation 14 of the Principal Regulations the following regulation is inserted:

Exempt visas

“14a. For the purposes of subsection 11e (9) of the Act, the following classes of visas are prescribed, namely, all classes of visas other than:

(a) concessional family visas; and

(b) independent entrant visas.”.

Prohibition against grant of entry permit

5. Regulation 25 of the Principal Regulations is amended by omitting from paragraph (1) (b) “an application” and substituting “a previous application”.

6. After regulation 35 of the Principal Regulations the following regulation is inserted:

Grant of entry permit—illegal entrants

“35aa. (1) The Minister may, subject to subregulation (2) and regulation 25, but in spite of any other provision of these Regulations, grant a temporary entry permit to a person who is an illegal entrant if:

(a) in the case of a person who entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married:

(i) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and

(ii) the Minister is satisfied that the person:

(a) has not departed from Australia since that entry; and

(b) has developed close personal ties with Australia; or

(b) in the case of a person who entered Australia before 19 December 1989, not being a person referred to in paragraph (a):

(i) the person applies for the entry permit not later than 16 February 1990; and

(ii) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and

(iii) the Minister is satisfied that there are compelling reasons for granting the entry permit; or

(c) in the case of a person who entered Australia on or after 19 December 1989:

(i) the person applies for the entry permit:

(a) where the person became an illegal entrant before 20 January 1990—not later than 16 February 1990; or

(b) where the person became an illegal entrant on or after 20 January 1990—not later than 28 days after becoming an illegal entrant; and

(ii) any entry visa or entry permit that expired was not granted subject to the condition that the holder would not be entitled to be granted an entry permit, or a further entry permit, as the case requires, while the holder remained in Australia; and

(iii) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and

(iv) the Minister is satisfied:

(a) that the person became an illegal entrant because of factors beyond his or her control; and

(b) that there are compelling reasons for granting the entry permit; and

(c) that the person complied substantially with any conditions subject to which any such entry visa or entry permit was granted (other than a condition of which the person was in breach solely because of the expiry of any entry visa or entry permit); and

(d) that the person would have been entitled to be granted an entry permit of the class applied for if he or she had applied for such an entry permit immediately before becoming an illegal entrant; and

(e) that the person intends to comply with any conditions subject to which the entry permit is granted.

“(2) The Minister is not to grant an entry permit to a person under subregulation (1) on more than one occasion.

“(3) This regulation ceases to be in force on 30 June 1990.”.

7. Regulation 37a of the Principal Regulations is repealed and the following regulation substituted:

Endorsement of visa or entry permit in relation to section 11A notice— code or abbreviation

“37a. For the purposes of subsections 11a (3a) and (4) of the Act respectively:

(a) a visa granted as referred to in that subsection (3a) may be endorsed to represent a provision of section 11a of the Act specified in an item in Column 2 of Schedule 7 by the code (if any) specified in Column 3 of that item; and

(b) an entry permit granted as referred to in that subsection (4) may be endorsed to represent a provison of section 11a of the Act so specified by the code specified in Column 4 of that item.”.

8. Division 8 of Part 3 of the Principal Regulations is repealed and the following Division substituted:

“Division 8—Prescribed qualifications: application of points system

Prescribed qualifications and prescribed number of points

“145. (1) For the purposes of subsections 11l (1) and 11x (2) of the Act, each qualification specified in Column 2 of an item in Schedule 4 is prescribed as a qualification in relation to an applicant for a visa or an entry permit, as the case may be.

“(2) In relation to a prescribed qualification specified in Column 2 of an item in Schedule 4, the following number of points is prescribed, namely, the number of points specified in Column 3 of that item.

“(3) For the purposes of section 11l (1) or 11x (2) of the Act, the Minister:

(a) is not to give an applicant a prescribed number of points for more than one prescribed qualification in each Part in Schedule 4; and

(b) is to give the applicant only the number of points applicable to the prescribed qualification that meets the applicant’s circumstances and for which the prescribed number of points is the highest for any such prescribed qualification.

Qualification—suitability for employment

“146. For the purposes of sections 11l and 11x of the Act, and Schedule 5, the qualification specified in each of the following paragraphs is to be taken to be a qualification in relation to the suitability of a person for employment:

(a) the applicant:

(i) applies to enter Australia on the basis of an occupation:

(a) that is the applicant’s usual occupation; and

(b) that is included in the priority list of occupations; and

(c) for which, in Australia, a degree or trade certificate is required; and

(d) in respect of which the applicant has a degree or trade certificate that meets Australian standards for the occupation, or experience assessed by the relevant Australian authorities to be equivalent to such a degree or trade certificate; and

(ii) has qualifications or experience (or both) that meet any Australian licensing and registration requirements for that occupation; and

(iii) has worked in that occupation, or a closely related occupation, for not less than 3 years immediately before the date of the application (unless some other period is specified by CTC or NOOSR);

(b) the applicant possesses all the attributes in respect of the qualification under paragraph (a) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations;

(c) the applicant:

(i) possesses the attributes referred to in subparagraphs (a) (i) and (ii) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations; and

(ii) has worked in that occupation, or a closely related occupation:

(a) if a period of employment is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or

(b) if no such period is specified—for a period of less than 3 years immediately before the day of the application;

(d) the applicant:

(i) applies to enter Australia on the basis of an occupation:

(a) which is the applicant’s usual occupation; and

(b) for which, in Australia, a diploma or an associate diploma is required; and

(c) in respect of which the applicant has a diploma or an associate diploma that meets Australian standards, or experience assessed by the relevant Australian authorities to be equivalent to such a diploma or associate diploma; and

(ii) possesses, in relation to the relevant occupation, the attributes referred to in subparagraphs (a) (ii) and (iii);

(e) the applicant:

(i) possesses the attributes referred to in subparagraphs (a) (ii) and (d) (i); and

(ii) has worked in that occupation, or in a closely related occupation:

(a) if a period is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or

(b) if no such period is specified—for a period of less than 3 years immediately before the day of the application;

(f) the applicant:

(i) applies to enter Australia on the basis of an occupation which is the applicant’s usual occupation, being an occupation:

(a) for which, in Australia, a degree, diploma or trade certificate is required; and

(b) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and

(c) in respect of which the degree, diploma or trade certificate possessed by the applicant could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months;

(ii) possesses, in relation to such an occupation, the attributes referred to in subparagraph (a) (iii);

(g) the applicant:

(i) applies to enter Australia:

(a) on the basis of an occupation which is the applicant’s usual occupation; and

(b) as a person who has educational qualifications equivalent to completion of secondary education in Australia and in addition qualifications at a higher level;

(ii) has an occupation:

(a) which is the applicant’s usual occupation; and

(b) for which, in Australia, a degree, trade certificate, diploma or associate diploma is required; and

(c) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and

(d) in respect of which the applicant’s qualifications could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months; and

(e) has worked in that occupation, or in a closely related occupation:

(a) if a period is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or

(b) if no such period is specified—for a period of less than 3 years immediately before the day of the application;

(h) the applicant has an occupation which is the applicant’s usual occupation and has educational qualifications equivalent to 6 years of secondary education in Australia;

(i) the applicant has an occupation which is the applicant’s usual occupation and has educational qualifications equivalent to 4 years of secondary education in Australia.

Qualification—relationship

“147. (1) For the purposes of sections 11l and 11x of the Act, and Schedule 4, the qualification specified in each of the following paragraphs is to be taken to be a qualification in respect of the relationship between an applicant and a person sponsoring the applicant in relation to the relevant application:

(a) the sponsor is a son or daughter, an adopted son or adopted daughter or a stepson or stepdaughter of the applicant;

(b) the sponsor is a brother or sister, an adoptive brother or sister, a stepbrother or stepsister, a parent, an adoptive parent or a stepparent of the applicant;

(c) the sponsor is an aunt or uncle, an adoptive aunt or uncle or a step-aunt or step-uncle of the applicant.

“(2) In this regulation:

(a) a reference to adoption is a reference to an adoption occurring before the person adopted turned 18; and

(b) a reference to a step-relationship is a reference to such a relationship where the applicant and the relevant step-relative of the applicant have been members of the same family unit for a reasonable period and are members of the same family unit at the time of the relevant application.”.

9. Regulations 178, 179 and 180 of the Principal Regulations are repealed and the following regulations substituted:

Prescribed procedures—subsection 17A (2) of the Act

“178. For the purposes of subsection 17A (2) of the Act, the following procedures are prescribed to be followed by the Minister in relation to a person referred to in that subsection:

(a) to ascertain whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum;

(b) to verify with the person personally whether he or she has applied to be granted refugee status or territorial asylum;

(c) to ascertain whether the person:

(i) is an applicant for an entry permit; or

(ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit;

(d) to verify that the person has not notified the Minister that the person is subject to a court order that is in force affecting the Minister’s exercise of the power to order the deportation of the person;

(e) to verify that 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires.

Prescribed matters—subsections 18 (1) and 31a (1) of the Act

“179. For the purposes of subsections 18 (1) and 31a (1) of the Act respectively, the following matters are prescribed to be considered by the Minister in relation to a person referred to in whichever of those subsections is applicable:

(a) whether the person is an illegal entrant;

(b) whether the person has been notified in accordance with these Regulations of the Minister’s intention to exercise the power:

(i) to order the deportation of the person; or

(ii) to require the person to leave Australia;

as the case requires;

(c) whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum;

(d) whether the person:

(i) is an applicant for an entry permit; or

(ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit;

(e) whether the person is subject to a court order that is in force affecting the Minister’s exercise of the relevant power referred to in paragraph (b);

(f) whether 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires.

Prescribed matters—subsection 20 (1) of the Act

“180. For the purposes of subsection 20 (1) of the Act, the following matters are prescribed to be considered by the Minister in relation to a person referred to in that subsection:

(a) whether there has been a prescribed change in the person’s circumstances referred to in paragraph 11s (1) (a) or 11t (2) (a) of the Act;

(b) whether the person has been granted refugee status or territorial asylum;

(c) whether:

(i) the person has proposed to the Minister in writing to be permitted to leave Australia under supervision and that proposal has been accepted by the Minister; or

(ii) revocation of the order for the deportation of the person has been recommended by the Administrative Appeals Tribunal and that recommendation has been accepted by the Minister.”.

10. Regulation 193 of the Principal Regulations is repealed and the following regulation substituted:

Fee for language test

“193. A fee of $60 is payable in respect of the undertaking of an English language test conducted:

(a) by the Department otherwise than on behalf of another Department; or

(b) by another Department on behalf of the Department;

whether or not in connection with an application for a visa or an entry permit.”.

Schedule 4

11. Schedule 4 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 4Regulation 145

PRESCRIBED QUALIFICATIONS AND PRESCRIBED NUMBER OF POINTS

Column 1	Column 2	Column 3
Item No.	Prescribed qualification	Number of points
PART 1—EMPLOYMENT QUALIFICATION
1	qualification specified in paragraph 146 (a)	75
2	qualification specified in paragraph 146 (b)	70
3	qualification specified in paragraph 146 (c)	60
4	qualification specified in paragraph 146 (d)	45
5	qualification specified in paragraph 146 (e)	40
6	qualification specified in paragraph 146 (f)	35
7	qualification specified in paragraph 146 (g)	30
8	qualification specified in paragraph 146 (h)	20
9	qualification specified in paragraph 146 (i)	10
PART 2—AGE QUALIFICATION
10	age not less than 18 years and under 25 years at time of application	25
11	age not less than 25 years and under 30 years at time of application	20
12	age not less than 30 years and under 35 years at time of application	15
13	age not less than 35 years and under 40 years at time of application	10
14	age not less than 40 years and under 45 years at time of application	5

SCHEDULE 4—continued

Column 1	Column 2	Column 3
Item No.	Prescribed qualification	Number of points
PART 3—LANGUAGE SKILL QUALIFICATION
15	ability to speak English in any situation, and to write English in any context	15
16	ability to conduct everyday conversations in English, to write personal letters and non-technical reports in English and to complete general forms in English	10
17	ability to speak and write, at the level referred to in item 16 in relation to English, in 2 languages other than English	5
18	ability to ask and answer simple questions in English, write simple statements in English about everyday matters and complete simple forms in English	5
PART 4—RELATIONSHIP QUALIFICATION
19	the qualification specified in paragraph 147 (1) (a)	15
20	the qualification specified in paragraph 147 (1) (b)	10
21	the qualification specified in paragraph 147 (1) (c)	5
PART 5—CITIZENSHIP QUALIFICATION
22	sponsor has been an Australian citizen for not less than 5 years at the time of entering into the relevant sponsorship	10
23	sponsor has been an Australian citizen for less than 5 years at time of entering into the relevant sponsorship	5
PART 6—SETTLEMENT QUALIFICATION
24	sponsor has been resident in Australia throughout the period of 2 years immediately before entering into the relevant sponsorship and:
(a) if not in paid employment—spouse has not been in receipt of Unemployment Benefit or Special Benefit for more than 4 weeks during that period; or
(b) if in paid employment or otherwise financially independent—has not been in receipt of Unemployment Benefit or Special Benefit for more than 4 weeks during that period	10
PART 7—LOCATION QUALIFICATION
25	sponsor has been resident in a place in a State or Territory designated by the competent authorities of the State or Territory for the purposes of this provision throughout the period of 2 years immediately before entering into the relevant sponsorship	5

Schedule 7

12. Schedule 7 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 7 Regulation 37a

ENDORSEMENT OF VISAS AND ENTRY PERMITS

FOR PURPOSES OF SUBSECTIONS 11a (3a) AND (4) OF THE

ACT—CODES OR ABBREVIATIONS

Column 1	Column 2	Column 3	Column 4
Item No,	Relevant provision of section 11a	Code to be endorsed on visas	Code to be endorsed on entry permits

1	Paragraph (1) (a)	—	06
2	Sub-subparagraph (1) (b) (i) (a)	—	05
3	Sub-subparagraph (1) (b) (i) (b)	—	05
4	Subparagraph (1) (b) (ii)	—	04
5	Subparagraph (1) (c) (i)	—	05
6	Subparagraph (1) (c) (ii)	—	04
7	Subparagraph (1) (d) (i)	03	03
8	Subparagraph (1) (d) (ii)	01	01
9	Subparagraph (1) (d) (iii)	01	01
10	Sub-subparagraph (1) (d) (iv) (a)	01	01
11	Sub-subparagraph (1) (d) (iv) (b)	01	01
12	Subparagraph (1) (d) (v)	02	02
13	Subparagraph (1) (d) (vi)	02	02
14	Subparagraph (2) (b) (i)	—	05
15	Subparagraph (2) (b) (ii)	—	04

PART 3—MISCELLANEOUS

Interpretation—good character

13. Regulation 4 of the Principal Regulations is amended by omitting subregulation (2).

Effect and operation of visas

14. Regulation 16 of the Principal Regulations is amended by inserting in subregulation (3) “following the grant in Australia of after “entry permit, or”.

Prohibition against grant of entry permit

15. Regulation 25 of the Principal Regulations is amended by omitting from subregulation (2) “the Minister” and substituting “a Minister, or to an applicant for a CPR citizen entry permit”.

Repeal—regulation 35a

16. Regulation 35a of the Principal Regulations is repealed.

Prescribed change in circumstances—paragraphs 36 (1) (a) and 37 (2) (a) of the Act

17. Regulation 40 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “in relation to a person to whom section 36 or 37 of the Act applies” after “is prescribed”;

(b) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) in the case of a person who is the aged parent of an Australian citizen or an Australian permanent resident—as the result of the death or permanent migration of a child, the aged parent satisfies the balance of family test;”;

(c) by omitting subregulation (2) and substituting the following subregulation:

“(2) For the purposes of paragraph 37 (2) (a) of the Act, each of the following changes of circumstances is prescribed, in addition to those prescribed under subregulation (1), in relation to a person to whom section 37 of the Act applies:

(a) in the case of a person who, before 7 March 1989, applied in accordance with a form approved by the Minister for reconsideration of a decision to refuse to grant an entry permit to the person—the Minister has informed the person that the application will not be determined;

(b) the person to whom that section applies became the spouse of an Australian citizen or an Australian permanent resident before 19 December 1989;

(c) the person, not having met similar requirements for the grant of a visa under the Act as in force before 19 December 1989, satisfies the prescribed criteria in relation to a class of visas referred to in subparagraph 128 (1) (a) (iv).”.

18. After regulation 119c of the Principal Regulations the following regulations are inserted:

Extended eligibility (PRC) entry permit

“119d. (1) The following criteria are prescribed in relation to an extended eligibility (PRC) entry permit:

(a) the applicant is a citizen of the People’s Republic of China;

(b) the applicant was present in Australia on 20 June 1989 and was the holder, on that day, of a valid temporary entry permit;

(c) the applicant applies in Australia for the entry permit not later than 31 March 1990.

“(2) An extended eligibility (PRC) entry permit is not to be granted except:

(a) as a temporary entry permit; and

(b) in respect of a period ending not later than 31 January 1991.

PRC citizen entry permit

“119e. (1) The following criteria are prescribed in relation to a PRC citizen entry permit:

(a) the applicant is a citizen of the People’s Republic of China;

(b) the applicant was present in Australia on 20 June 1989 and was, on that day, an illegal entrant;

(c) the applicant applies in Australia for the entry permit not later than 31 March 1990.

“(2) A PRC citizen entry permit is not to be granted:

(a) except as a temporary entry permit; and

(b) except in respect of a period ending not later than 31 January 1991; and

(c) unless granted subject to the condition specified in paragraph 33 (4) (a) of the Act.”.

Grant of temporary entry permit (other than working holiday entry permit) to holder of visitor visa or visitor entry permit

19. Regulation 120 of the Principal Regulations is amended by omitting all words after “business negotiations or arrangements” and substituting the following words and paragraphs:

“and, in addition, the applicant establishes that the proposed visit to Australia is a genuine visit and that he or she has adequate financial support for the proposed period of stay during that visit;

(f) the applicant, being an applicant for a retirement entry permit, satisfies the prescribed criteria in relation to the class of visas to which that class of entry permits is equivalent;

(g) the applicant, being an applicant for a termporary resident entry permit other than a retirement entry permit:

(i) has special occupational or professional skills (or both); and

(ii) is sponsored by an employer or organisation who or which is able to establish that a person with such skills is not reasonably available in Australia; and

(iii) satisfies the prescribed criteria in relation to the relevant class of visas;

(h) the applicant, being an applicant for a student entry permit:

(i) satisfies the prescribed criteria in relation to the relevant class of entry permits; and

(ii) establishes exceptional reasons for the grant of the entry permit.”.

Grant of visitor or student entry permit to holders of certain student visas or entry permits

20. Regulation 123 of the Principal Regulations is amended by inserting in subparagraph (d) (iii) “, in the case of an applicant for an entry permit referred to in sub-subparagraph (d) or (e),” after “entry permits and”.

Extended eligibility (family) entry permit

21. Regulation 127 of the Principal Regulations is amended:

(a) by omitting subparagraph (a) (ii) and substituting the following subparagraph:

“(ii) being the parent of an Australian citizen, or an Australian permanent resident who has lived for a reasonable time in Australia:

(a) has become an aged parent since arriving in Australia and satisfies the balance of family test; or

(b) is an aged parent who, as the result of the death or permanent migration of a child since the arrival of the applicant in Australia, satisfies the balance of family test; or”;

(b) by omitting subparagraph (a) (iv) and substituting the following subparagraph:

“(iv) being an illegal entrant who has not made a previous application for an entry permit:

(a) entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married; and

(b) has not departed from Australia since that entry; and

(c) has developed close personal ties with Australia.”.

Extended eligibility (economic) entry permit

22. Regulation 128 of the Principal Regulations is amended by omitting from paragraph (2) (b) all words after “these Regulations—” and substituting “a prescribed non-citizen as referred to in paragraph 6a (4) (c) of the Act as in force immediately before that commencement.”.

Compassionate grounds entry permit

23. Regulation 140 of the Principal Regulations is amended:

(a) by omitting paragraph (1) (c);

(b) by inserting at the end of subregulation (2) the following paragraph:

“(c) the applicant, being an illegal entrant who has not made a previous application for an entry permit:

(i) entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married; and

(ii) has not departed from Australia since that entry; and

(iii) has developed close personal ties with Australia; and

(iv) has been granted an extended eligibility (family) entry permit.”.

Confirmatory entry permit

24. Regulation 142 of the Principal Regulations is amended by omitting subparagraph (b) (i) and substituting the following subparagraph:

“(i) is the holder of an Australian requirement entry visa or entry permit and has satisfied any prescribed criteria he or she was not able to satisfy except after entry to Australia; or”.

Prescribed diseases—subparagraph 20 (1) (d) (i) of the Act

25. Regulation 176 of the Principal Regulations is amended:

(a) by inserting in paragraph (b) “during the person’s intended period of stay in Australia” after “community”;

(b) by inserting in paragraph (c) “, during the person’s intended period of stay in Australia” after “which”.

Infringement notice and prescribed penalty

26. Regulation 179 of the Principal Regulations (being the regulation headed “Infringement notice and prescribed penalty”) is amended by omitting “179. (1) In this regulation,” and substituting “179a. (1) In this regulation,”.

Repeal—regulation 181

27. Regulation 181 of the Principal Regulations (being the regulation headed “Offences”) is repealed.

28. After regulation 182 of the Principal Regulations the following regulation is inserted:

Offences

“182a. A person must not contravene or fail to comply with a provision of these Regulations that is applicable to that person.

Penalty: $100 or imprisonment for 3 months.”.

Schedule 2

29. Schedule 2 to the Principal Regulations is amended by omitting item 2 in Part 3 and substituting the following item:

“2	preferential family	(a) aged dependent relative, orphan relative, remaining relative, special need relative.
(b) B, C (for aged dependent relative or remaining relative—settled relative or settled co-habiting spouse; for orphan relative or special need relative—relative or co-habiting spouse), D, E, H1”,

Schedule 3

30. Schedule 3 to the Principal Regulations is amended:

(a) by omitting item 15 in Part 1 and substituting the following item:

 

 “15 dependant (subsequent entry) 433”;

(b) by adding at the end of Part 3 the following items:

“28	extended eligibility (PRC) entry permit	829
29	PRC citizen entry permit	434”.

Schedule 5

31. Schedule 5 to the Principal Regulations is amended by omitting item 1 and substituting the following item:

“1 14 to 28 (inclusive), 30 to 50 (inclusive), transit visa referred to in regulation 110 refugee B (restricted) visa or entry permit, refugee D (restricted) entry permit, extended eligibility (limited) entry permit conditions referred to in paragraphs 23 (4) (a) and 33 (4) (a) of the Act respectively”.

Schedule 8

32. Schedule 8 to the Principal Regulations is amended by adding at the end of Part 2 the following items:

“15	extended eligibility (limited) entry permit	250
16	extended eligibility (PRC) entry permit	30
17	PRC citizen entry permit	30”.

Minor amendments

33. The Principal Regulations are amended as set out in the Schedule.

SCHEDULE Regulation 33

PART 1—FORMAL AMENDMENTS: RENUMBERING

Provision amended	Omit	Substitute
Heading to regulation 14	paragraph 11e (3) (a)	paragraph 24 (3) (a)
Paragraph 14 (b)	subparagraph	subparagraph
11e (3) (a) (ii)	24 (3) (a) (ii)
Subregulation 14 (2)	section 11e	section 24
Section 14a	subsection 11e (9)	subsection 24 (9)
Heading to regulation 37a	section 11a	section 20
Regulation 37a	(a) subsections 11a (3a) and (4)	subsections 20 (4) and (5)
(b) subsection (3a)	subsection (4)
(c) subsection (4)	subsection (5)
(d) section 11a	section 20
(wherever occurring)
Subregulation 145 (1)	subsections 11l (1) and 11x (2)	subsections 30 (1) and 41 (2)
Subregulation 145 (3)	subsection 11l (1) or 11x (2)	subsection 30 (1) or 41 (2)
Regulation 146	sections 11l and 11x	sections 30 and 41
Regulation 147	sections 11l and 11x	sections 30 and 41

SCHEDULE—continued

Provision amended	Omit	Substitute
Heading to regulation 178	subsection 17a (2)	subsection 59 (2)
Regulation 178	subsection 17a (2)	subsection 59 (2)
Paragraph 178 (e)	section 38 or 39	section 92 or 93
Heading to regulation 179	subsections 18 (1) and 31a(I)	subsections 60 (1) and 82 (1)
Regulation 179	subsections 18 (1) and 31a(1)	subsections 60 (1) and 82 (1)
Paragraph 179 (f)	section 38 or 39	section 92 or 93
Heading to regulation 180	subsection 20(1)	subsection 63 (1)
Regulation 180	subsection 20 (1)	subsection 63 (1)
Paragraph 180(a)	paragraph 11s (1) (a) or 11t (2) (a)	paragraph 36 (1) (a) or 37 (2) (a)
Schedule 7  the heading
SUBSECTIONS 11a (3a) AND (4)	SUBSECTIONS 20 (4) AND (5)
heading to Column 2	section 11a	section 20

PART 2—MINOR AMENDMENTS

Subregulation 2(1)

definition of “public interest criteria”

Omit “is determined by the Minister acting personally not”, substitute “is not determined by the Minister acting personally”

Subregulation 18 (2)

Omit “Schedule 2”, substitute “Part 1 in Schedule 2”

Subregulation 29 (2)

Omit “Schedule 3”, substitute “Part 1 in Schedule 3”

Regulation 34a

Omit “An applicant”, substitute “Unless these Regulations otherwise provide, an applicant”

Sub-subparagraph 45 (a) (i) (b)

Omit “resident; or”, substitute “resident; and”

Paragraph 53 (b)

Omit “item 9”, substitute “item 10”

Subparagraph 93 (a) (i)

Omit “dependent child or aged parent”, substitute “child or parent”

Paragraph 103 (b)

Omit “in” (wherever occurring), substitute “outside”

Paragraph 120 (c)

Omit “item 10”, substitute “item 9”

Paragraph 121 (c)

Omit “item 10”, substitute “item 9”

SCHEDULE—continued

Paragraph 122 (c)

Omit “item 10”, substitute “item 9”

Paragraph 126 (a)

Omit “permit,”, substitute “permit or a transit visa or entry permit”

Sub-subparagraph 127 (a) (iii) (b)

Omit “period;”, substitute “period; or”

Subregulation 139 (2)

Omit “regulation 129”, substitute “regulation 128”

Subparagraph 141 (1) (b) (ii)

Omit “durable solution”, substitute “course”

Subparagraph 186 (2) (a) (ii)

Omit “visa or”

Schedule 1

Omit	“SCHEDULE 1	Subregulation 6(5) and 6a (3)”,
substitute	“SCHEDULE 1	Subregulations 41 (4) and 42 (5)”

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 January 1990.

2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416.