Migration Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 7 April 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration, Local Government
and Ethnic Affairs
____________
1.1 The Migration Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 Subregulation 2 (1):
Insert the following definition:
“
3.1 Subregulation 3A (1):
Add at the end:
“; and
have both reached the age:
(i) if neither of the persons has an Australian domicile—of 16 years; or
(ii) in any other case—of 18 years.”.
4.1 Subregulation 34 (3):
Omit “centre”, substitute “centre, or in an area nominated by the Minister under section 54A of the Act,”.
5.1 After regulation 40, insert in Division 4 of Part 2:
“40A. (1) For the purposes of paragraph 54D (b) of the Act, the prescribed period, in relation to an unprocessed person, is the period that begins on the day on which a notice is given to the person and ends at the end of the 7th working day after that day.
In working out the 7th working day in relation to the person to whom a notice is given, the day on which the notice is given (whether or not it is a working day) is to be disregarded.
In this regulation:
6.1 Paragraph 60 (b):
Omit the paragraph, substitute:
the applicant:
(i) if the executive is sponsored by an organisation in Australia—gives satisfactory evidence to the Minister that the applicant is sponsored by the organisation; or
(ii) in any other case—lodges with the application the documents stated in subregulation (2).”.
6.2 Add at the end:
The documents mentioned in subparagraph (1) (b) (ii) are:
(a) an employment agreement, acceptable to the Minister, with that executive for the performance of those duties; and
an undertaking by that executive to be responsible for:
(i) all financial liabilities of the applicant arising out of the applicant’s stay in Australia; and
(ii) compliance by the applicant with:
(A) all legislation and awards (including State or Territory legislation and awards) relating to the applicant’s proposed employment; and
(B) the conditions under which the applicant is granted an entry permit; and
(iii) the departure of the applicant from Australia not later than the departure of that executive from Australia.”.
7.1 Subparagraph 107D (f) (ii):
Omit “12”, substitute “6”.
8.1 Sub-subparagraph 107E (d) (iv) (B):
Omit “12”, substitute “6”.
8.2 Sub-subparagraph 107E (d) (iv) (C):
Omit “accomodation”, substitute “accommodation”.
8.3 Paragraph 107E (h):
Omit “visa or a permanent entry permit.”, substitute “visa.”.
9.1 Subparagraph 107F (f) (ii):
After “following”, insert “entry”.
9.2 Paragraph 107F (h):
Omit “visa or a permanent entry permit.”, substitute “visa.”.
10.1 Subparagraph 135 (1) (a) (iii):
Omit “made;”, substitute “made, unless the decision is to refuse the entry permit;”.
11.1 After paragraph 201 (b), insert:
“(ba) if the applicant is sponsored to enter Australia for the purpose of performing at:
(i) the Adelaide Festival; or
(ii) the Brisbane Biennial Festival; or
(iii) the Melbourne International Festival; or
(iv) the Festival of Perth; or
(v) the Festival of Sydney; or
(vi) a festival approved by the Secretary for the purposes of this regulation;
no fee; or
(bb) if the applicant is sponsored to enter Australia by an organisation that is:
(i) funded, wholly or in part, by the Commonwealth; and
(ii) approved by the Secretary for the purposes of this regulation;
no fee; or”.
12.1 After “visa”, insert “by an applicant who applies to enter Australia as a representative of a foreign government”.
13.1 Item 5:
Omit the item.
14.1 Form 4:
Omit the form, substitute:
“FORM 4 Regulation 182
COMMONWEALTH OF AUSTRALIA
DOCUMENT ISSUED IN ACCORDANCE WITH ANNEX 9 OF THE ICAO CONVENTION ON INTERNATIONAL CIVIL AVIATION
This document is issued by the Australian Government
under subsection 114 (2) of the
TO: Immigration or appropriate authority:....................................................................
Country:..............................................................
The person to whom this document is issued is claiming the following identity:
Surname: .............................................................................................................................................
Given Name(s):...................................................................................................................................
Date of Birth:................................... Place of Birth:................................................................
Nationality:....................................... Residence:.............................................................
.........................................................................................................................................
at.................................... Airport on flight number................................ from..................................................... Airport.
The person named in this document:
*is being deported from Australia/*was refused entry to Australia
and the incoming carrier has been instructed to remove *him/*her from the territory of this Country on flight number............................. departing at.................................hours on...................................................................from..............................................Airport.
At the time of attempting entry to Australia this person was:
* (1) Not in possession of any *travel/*identification documentation.
* (2) In possession of the *photocopied/*attached documentation.
A brief description of the offending documentation follows -
Number:.............................................
Country in whose name documentation was issued:..............................................
* (3) The documentation produced has been impounded for return to the appropriate authorities of the issuing country.
According to Annex 9 of the ICAO Convention on International Civil Aviation, the last Country in which a passenger previously stayed and most recently travelled from, is invited to accept *him/*her for re-examination when *he/*she has been refused admission to another country.
I,................................................................,
a delegate of the Secretary of the Department of Immigration, Local Government
and Ethnic Affairs, issue this document under subsection 114 (2) of the
Signature and Official Title:
Airport:...........................................................................
Country: Australia
Telephone:....................... Telex:.............................. Facsimile:.................................”
*
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15.1 The amendment made by subregulation 7.1 is taken to apply to an application, whenever lodged, for an East Timorese in Portugal (special assistance) visa.
15.2 The amendment made by subregulation 8.1 is taken to apply to an application, whenever lodged, for a Croatians, Slovenians and Yugoslavs—displaced persons (special assistance) visa.
15.3 The amendment made by subregulation 13.1 is taken to apply to an application for a visa or entry permit if the application was lodged on or after 28 February 1992.
1. Notified
in the
2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22 and 51.
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