Migration Regulations (Amendment) (Cth)

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Rules1992No. 183 1

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Migration Regulations 2(Amendment)

I, THE 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 23 June 1992.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GERRY HAND

Minister of State for Immigration, Local

Government and Ethnic Affairs

____________

1.   Commencement

1.1   Subject to subregulations 1.2 and 1.3, these Regulations commence on 1 July 1992.

1.2   Subregulation 28.4 is taken to have commenced on 17 September 1991.

1.3   Regulation 31 is taken to have commenced on 18 December 1991.

2.   Amendment

2.1   The Migration Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Subregulation 2 (1):

After the definition of “occupational trainee”, insert:

‘Occupations Requiring English List’ means the list specified under subregulation 145 (4);”.

3.2   Subregulation 2 (1) (definition of “temporary resident visa”, paragraph (a)):

After “13,”, insert “14,”.

4.   Regulation 40 (Prescribed change in circumstances (paragraphs 36 (1) (a) and 37 (2) (a) of Act))

4.1   Paragraph 40 (1) (t):

Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

5.   Regulation 41 (Prescribed criteria (classes of visas))

5.1   Subregulation 41 (6):

Omit “1 July”, substitute “16 October”.

6.   Regulation 42 (Prescribed criteria (entry permits))

6.1   Subregulation 42 (8):

Omit “1 July”, substitute “16 October”.

7.   Regulation 62 (Entertainment visa)

7.1   Paragraph 62 (1) (a):

Add at the end:

  • “or (vi)

    under an agreement between Australia and another country and:

     (a) the Minister is satisfied that the application meets the requirements of the agreement; and

     (b) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;”.

7.2   Paragraph 62 (1) (b):

Omit “(ia) or (v)”, substitute “(ia), (v) or (vi)”.

7.3   Paragraph 62 (1) (c):

After “the applicant” (first occurring), insert “(unless an applicant to whom subparagraph (a) (vi) applies)”.

8.   Regulation 67 (Foreign government agency visa)

8.1   Subregulation 67 (1):

After subparagraph (a) (i), insert:

 “(ia) the applicant:

 (a) seeks to enter Australia temporarily under an agreement between Australia and another country; and

 (b) has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;

 and the Minister is satisfied that the application meets the requirements of the agreement; or”.

8.2   Paragraph 67 (1) (b):

After “the applicant” (last occurring), insert “(unless an applicant to whom subparagraph (a) (ia) applies)”.

8.3   Paragraph 67 (1) (c):

After “the applicant” (first occurring), insert “(unless an applicant to whom subparagraph (a) (ia) applies)”.

9.   Regulation 70 (Media and film staff visa)

9.1   Paragraph 70 (a):

Omit the paragraph, substitute:

“(a)

either:

 (i) the applicant seeks to enter Australia temporarily to represent an overseas news organisation as a journalist, correspondent or reporter; or

 (ii) the applicant:

 (a) seeks to enter Australia temporarily under an agreement between Australia and another country; and

 (b) has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;

 and the Minister is satisfied that the application meets the requirements of the agreement; or

 (iii) the applicant seeks to enter Australia on a temporary basis  to make a documentary program, or a commercial, that is exclusively for overseas use;”.

9.2   Paragraph 70 (d):

Omit “(ii) or”.

10.   Regulation 73 (Public lecturer visa)

10.1   After paragraph (a), insert:

  • “(aa)

    if the applicant seeks to enter Australia under an agreement between Australia and another country:

     (i) the Minister is satisfied that the application meets the requirements of the agreement; and

     (ii) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;”.

10.2   Subparagraph 73 (b) (ii):

After “months”, insert “and the applicant is not a person to whom paragraph (aa) applies”.

11.   Regulation 78 (Sport visa)

11.1   Paragraph 78 (a):

Add at the end:

  • “or (vi)

    seeks to enter Australia temporarily under an agreement between Australia another country and:

     (a) the Minister is satisfied that the application meets the requirements of the agreement; and

     (b) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;”.

12.   Regulation 80 (Visiting academic visa)

12.1   Subregulation 80 (1):

After paragraph (b), insert:

  • “(ba)

    if the applicant seeks to enter Australia under an agreement between Australia and another country:

     (i) the Minister is satisfied that the application meets the requirements of the agreement; and

     (ii) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country;”.

13.  Regulation 87b (Occupational trainee visa)

13.1   Paragraph 87b (c):

Omit the paragraph, substitute:

  • “(c)

    except in the case of an application made in relation to occupational training to be provided by the Commonwealth, a nomination is lodged before a decision on the application is made.”.

13.2   Add at the end:

“(2)

The reference in paragraph (1) (c) to occupational training to be provided by the Commonwealth includes occupational training to be provided by:

  • (a)

    a body corporate incorporated for a public purpose by an Act or regulations made under an Act; or

  • (b)

    an authority or body, not being a body corporate, established for a public purpose by, or under, an Act or regulations made under an Act.”.

14.   Regulation 98c (Conditions—student (category A) visa)

14.1   Paragraph 98c (4) (b):

After “visa” (first occurring), insert “or entry permit”.

15.   Regulation 98e (Conditions—student (category B) visa)

15.1   Paragraph 98e (6) (b):

After “visa” (first occurring), insert “or entry”.

16.   Regulation 103 (Global special humanitarian program visa)

16.1   Paragraph 103 (a):

Omit the paragraph, substitute:

  • “(a)

    the applicant is subject to substantial discrimination amounting to gross violation of human rights;”.

17.   Regulation 107e (Citizens of the former Socialist Federal Republic of Yugoslavia—displaced persons (special assistance) visa)

17.1   Omit “Croatians, Slovenians and Yugoslavs”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

17.2   Paragraphs 107e (a) and (b):

Omit the paragraphs, substitute:

“(a)

the applicant is a person who:

 (i) was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and

 (ii) is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia;

 or, if born on or after 20 June 1991, is a dependent child of such a person;”.

18.   Regulation 118 (Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) entry permit)

18.1   Subregulation 118 (1):

Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

18.2   Paragraphs 118 (1) (a) and (b):

Omit the paragraphs, substitute:

“(a)

the applicant is a person who:

 (i) was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and

 (ii) is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia;

 or, if born on or after 20 June 1991, is a dependent child of such a person;

  • (b)

    at any time on or after 31 December 1991, the applicant has been the holder of a valid entry permit or of a valid entry visa operating as an entry permit;”.

18.3   Subregulation 118 (1):

After paragraph (ba), insert:

  • “(bb)

    if the grant of the entry permit would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:

     (i) the applicant has undergone a medical examination carried out by a Commonwealth medical officer; and

 (ii) the applicant:

 (a) has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

 (b) is below the age of 16 years and is not a person in respect of whom a Commonwealth medical officer has requested such an examination;”.

18.4   Subregulation 118 (2):

Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

19.   Regulation 119g (Sri Lankan (temporary) entry permit)

19.1   Paragraph 119g (1) (b):

Omit the paragraph, substitute:

  • “(b)

    at any time on or after 31 December 1991, the applicant has been the holder of a valid entry permit or of a valid entry visa operating as an entry permit;”.

19.2   Subregulation 119g (1):

Add at the end:

  • “; (c)

    if the grant of the entry permit would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:

     (i) the applicant has undergone a medical examination carried out by a Commonwealth medical officer; and

 (ii) the applicant:

 (a) has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

 (b) is below the age of 16 years and is not a person in respect of whom a Commonwealth medical officer has requested such an examination;”.

20.   Regulation 145 (Prescribed qualifications and prescribed number of points)

20.1   Subregulation 145 (3):

Add at the end:

  • “; and (c)

    is to deduct 10 points from the total number of points otherwise obtained by an applicant if the usual occupation of the applicant is that of medical practitioner (including specialist medical practitioner).”.

20.2   Add at the end:

“(4)

The Minister may, by notice in the Gazette, specify a list of occupations for which vocational proficiency in English is a requirement.”.

21.   Regulation 146 (Qualifications—suitability for employment)

21.1   Paragraph 146 (1) (k):

Omit the paragraph.

21.2   Subregulation 146 (2a):

Omit the subregulation.

22.   Regulation 185 (Fee on application for temporary entry permits granted only in Australia)

22.1   Paragraph 185 (2) (a):

Omit “permit a fee”, substitute “permit—a fee”.

23.   Regulation 202 (Fees—student (category A) visa)

23.1   Omit the regulation, substitute:

Fees (student (category A) visa)

“202.

(1)  Subject to subregulation (2), the fee payable on application for a student (category A) visa is $130.

“(2)

No fee is payable on application for a student (category A) visa if the applicant is:

  • (a)

    an assisted student; or

  • (b)

    an exchange student; or

  • (c)

    a student approved under an overseas students training scheme approved by the Commonwealth; or

  • (d)

    a member of the family unit of a student referred to in paragraph (a), (b) or (c).”.

24.   Regulation 203 (Fees—student (category B) visa)

24.1   Omit the regulation, substitute:

Fees (student (category B) visa)

“203.

(1)  Subject to subregulation (2), the fee payable on application for a student (category B) visa is $130.

“(2)

No fee is payable on application for a student (category B) visa if the applicant is:

  • (a)

    a student approved under an overseas students training scheme approved by the Commonwealth; or

    • (b)

      a member of the family unit of such a student.”.

25.   Schedule 1 (Criteria and representative symbols)

25.1   Add at the end:

“17

if the usual occupation (within the meaning of subregulation 146 (2)) of the applicant is included in the Occupations Requiring English List, the applicant satisfies the Minister that the applicant has the ability to speak English in any situation and to write English in any context

P”.

26.   Schedule 2 (Classes of visas, prescribed criteria and code numbers)

26.1   Part 2, item 10 (column 2):

Omit “Croatians, Slovenians and Yugoslavs”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

26.2   Part 3, item 3 (column 3, paragraph (b)):

After “O”, add “, P”.

26.3   Part 3, item 4 (column 3):

After “O”, add “, P”.

27.   Schedule 3 (Classes of entry permits)

27.1   Item 34e (column 2):

Omit “Croatians, Slovenians and Yugoslavs”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

27.2   Item 82b (column 2):

Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

28.   Schedule 4 (Prescribed qualifications and prescribed number of points)

28.1   Item 1 (column 3)):

Omit “75”, substitute “80”.

28.2   Item 9b:

Omit the item.

28.3   Item 15 (column 3):

Omit “15”, substitute “20”.

28.4   Item 24 (column 2):

After subparagraph (b) (i), insert:

 “(ia) a family allowance, or family allowance supplement, under either of those Acts; or”.

29.   Schedule 8 (Fees)

29.1   Part 1, item 89 (column 2):

Omit “Croatians, Slovenians and Yugoslavs”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

29.2   Part 2, item 14 (column 2):

Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.

30.   Application of Schedule 4 as in force 15 April 1991 to 16 September 1991

30.1   Schedule 4 of the Migration Regulations as in force from 15 April 1991 to 16 September 1991 (both dates inclusive) is taken to have had effect as if subparagraph (b) (i) (in column 2) of item 24 had read as follows:

 “(i) an age pension, family allowance or family allowance supplement under the Social Security Act 1947; or”.

31.   Amendment of Statutory Rules 1991 No. 418

31.1   Subregulation 50.1 of Statutory Rules 1991 No. 418 is amended by omitting “these Regulations” and substituting “the Migration Regulations”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1992.

 

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, 51, 96, 112 and 125.

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