Migration Regulations (Amendment) (Cth)
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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 29 May 1996.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
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1.1 These Regulations commence on 1 August 1996.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subparagraph 1.08 (c) (i):
Omit the subparagraph, substitute:
“(i) is:
(A) an applicant for a Business (Temporary) (Class TB) visa; or
(B) an applicant for an Educational (Temporary) (Class TH) visa who appears to the Minister, on the basis of information contained in the application, to satisfy the criteria for the grant of a Subclass 418 visa; or
(C) an applicant for a Medical Practitioner (Temporary) (Class UE) visa; or
(D) an applicant for a Temporary Business Entry (Class UC) visa who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or more; and”.
4.1 After Division 1.4, insert:
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(a) applications for approval as a business sponsor; and
(b) nominations by business sponsors of activities to be undertaken in Australia by prospective holders of Subclass 457 (Business (Long Stay)) visas; and
(c) approval of those applications and nominations; and
(d) revocation of approvals as a business sponsor.
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(a) is essential to the business operations of the employer; and
(b) requires:
(i) specialist or professional skills; or
(ii) specialised knowledge of the business operations of the employer;
‘person’ includes an unincorporated body of persons;
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(a) a pre-qualified business sponsor; or
(b) a standard business sponsor.
[NOTE: In relation to the effect of approval as a pre-qualified business sponsor and a standard business sponsor, see:
•subregulations 1.20D (5) and (6); and
•subclauses 457.223 (4) and (5) of Schedule 2.]
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(a) the Minister is satisfied that the applicant for approval is lawfully operating in Australia a business in which the employment of the holder of a Subclass 457 (Business (Long Stay)) visa would contribute to:
(i) the creation or maintenance of employment for Australian citizens or Australian permanent residents; or
(ii) expansion of Australian trade in goods or services; or
(iii) the improvement of Australian business links with international markets; or
(iv) competitiveness within sectors of the Australian economy; and
(b) in respect of each visa applicant who seeks to satisfy the primary criteria for a Subclass 457 visa to be granted on the basis that:
(i) the applicant for approval is the employer referred to in subclause 457.223 (4) or (5) of Schedule 2 in relation to the visa application; and
(ii) the visa applicant satisfies the requirements of that subclause;
the Minister is satisfied that:
(iii) the applicant for approval proposes to be the direct employer in Australia of the visa applicant as the holder of the visa (in this subregulation called
‘the visa holder’ ); or(iv) if the applicant for approval is a body corporate—the applicant for approval is, under section 50 of the Corporations Law, related to the body corporate that proposes to be the direct employer in Australia of the visa holder; and
(c) the Minister is satisfied that the applicant for approval:
(i) will introduce to, or utilise or create in, Australia new or improved technology or business skills; or
(ii) has a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in the business operations of the applicant in Australia; and
(d) the Minister is satisfied that nothing adverse is known to Immigration about the business background of the applicant for approval; and
(e) the Minister is satisfied that where relevant, the applicant for approval has a satisfactory record of compliance with the immigration laws of Australia; and
(f) the Minister is satisfied that while there is in effect a Subclass 457 visa granted on the basis that:
(i) the applicant for approval is the employer referred to in subclause 457.223 (4) or (5) of Schedule 2 in relation to a visa application; and
(ii) the visa holder satisfies the requirements of that subclause;
the applicant for approval is able, in relation to each visa holder, to comply with the undertakings given by the applicant in accordance with form 1067.
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(a) a copy of the instrument approving or rejecting the application; and
(b) if the application is rejected, a statement of the reasons why the application was not approved.
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(a) at the end of the period of 24 months commencing on the day on which the approval is given; or
(b) on revocation of the approval under regulation 1.20F;
whichever happens first.
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(a) when the number of Subclass 457 visas granted, since the giving of the approval, on the basis that:
(i) the applicant satisfies the primary criteria; and
(ii) the standard business sponsor is the employer (within the meaning of subclause 457.223 (4) or (5) of Schedule 2;
is equal to the number of nominations of business activities determined under subregulation (3) in relation to that approval of that standard business sponsor; or
(b) at the end of the period of 12 months commencing on the day on which the approval is given; or
(c) on revocation of the approval under regulation 1.20F;
whichever happens first.
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(a) in relation to the period of 12 months following the period of 24 months mentioned in subregulation 1.20D (5)—on payment by the person, before the end of the 24-month period, of a fee of $1,000; and
(b) in relation to:
(i) the period of 12 months following the period to which a fee paid under paragraph (a) relates; or
(ii) a succeeding period of 12 months;
on payment by the person, before the end of each 12-month period, of a fee of $1,000.
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(a) has complied with the undertakings given by the person in accordance with approved form 1067 in the period preceding the period to which the renewal relates; and
(b) continues to satisfy the requirements for approval as a pre-qualified business sponsor.
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(a) a copy of the instrument renewing, or refusing to renew, the approval; and
(b) if the Minister refuses to renew the approval, the reasons for the refusal.
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(a) has not complied, or is not complying, with the undertakings given by the person in accordance with approved form 1067; or
(b) does not continue to satisfy the requirements for approval as a pre-qualified business sponsor or standard business sponsor.
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(a) a copy of the instrument revoking the approval; and
(b) a statement of the reasons for the revocation.
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(a) is a party to a labour agreement; or
(b) is a pre-qualified business sponsor; or
(c) is a standard business sponsor; or
(d) does not operate a business in Australia but:
(i) has given undertakings in accordance with approved form 1067; and
(ii) is a person whom the Minister is satisfied (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor;
may nominate to the Minister an activity in which an individual is proposed to be employed by the person in Australia.
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(a) in the case of proposed employment for a period of more than 3, but not more than 12, months—by the results of labour market testing in relation to the position, where so required by the Minister; and
(b) in the case of proposed employment for a period of more than 12 months—by the results of labour market testing in relation to the position.
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(a) a copy of the instrument approving, or refusing to approve, the nomination of the activity; and
(b) if the nomination is not approved, a statement of the reasons why the nomination was not approved.
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(a) at the end of the period of 12 months commencing on the day on which the nomination of the activity is approved; or
(b) when the position in which the nominated activity is to be performed by the holder of a Subclass 457 visa is filled; or
(c) in the case of an activity nominated by a person who is a party to a labour agreement—when that agreement ceases to have effect; or
(d) in the case of an activity nominated by a person who is approved as a pre-qualified business sponsor or a standard business sponsor—when the approval ceases to have effect; or
(e) in the case of an activity nominated by a person to whom paragraph 1.20G (1) (d) refers—either:
(i) upon the Minister becoming satisfied that the person is not able to comply with undertakings given by the person in accordance with approved form 1067; or
(ii) upon the Minister ceasing to be satisfied that the person (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor;
whichever happens first.
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(a) is the holder of an office under the Act; and
(b) is authorised in writing by the Minister to exercise those powers;
and, when any of those powers or functions is exercised by such a person, that power or function is taken, for the purposes of these Regulations, to have been exercised by the Minister.”.
5.1 Omit “visit”, substitute “enter”.
6.1 Subparagraph 2.10 (1) (a) (ii):
Omit the subparagraph, substitute:
“(ii) if the application is:
(A) an application for a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB), Short Stay (Visitor) (Class TR) or Student (Temporary) (Class TU) visa; or
(B) an application for a Temporary Business Entry (Class UC) visa made by an applicant who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less—
at an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications of that kind; or”.
7.1 Subparagraph 2.15 (1) (b) (ii):
Omit the subparagraph, substitute:
“(ii) if the invitation is given otherwise than at an interview:
(A) in the case of an application for a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB) or Short Stay (Visitor) (Class TR) visa—7 days after the applicant is notified of the invitation; or
(B) in the case of an application for a Temporary Business Entry (Class UC) visa made by an applicant who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less—7 days after the applicant is notified of the invitation; or
(C) in any other case—28 days after the applicant is notified of the invitation; or”.
7.2 Paragraph 2.15 (3) (b):
Omit the paragraph, substitute:
“(b) in the case of an application made by an applicant who is in Australia, other than a person referred to in paragraph (a):
(i) in the case of an application for a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB) or Short Stay (Visitor) (Class TR) visa—7 days after the applicant is notified of the invitation; or
(ii) in the case of an application for a Temporary Business Entry (Class UC) visa made by an applicant who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less—7 days after the applicant is notified of the invitation; or
(iii) in any other case—28 days after the applicant is notified of the invitation; or”.
8.1 Subparagraph 4.08 (1) (a) (i):
Omit the subparagraph, substitute:
“(i) in the case of a review application regarding a decision concerning:
(A) a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB), Short Stay (Visitor) (Class TR) visa; or
(B) a Temporary Business Entry (Class UC) visa in relation to which the applicant seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less—
7 days after the applicant is given the invitation; or”.
8.2 Subparagraph 4.08 (3) (a) (i):
Omit the subparagraph, substitute:
“(i) in the case of a review application regarding a decision concerning:
(A) a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB), Short Stay (Visitor) (Class TR) visa; or
(B) a Temporary Business Entry (Class UC) visa in relation to which the applicant seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less—
7 days after the applicant is given the invitation; or”.
9.1 Item 1202:
Omit the item.
9.2 Paragraph 1205 (2) (a):
Omit the paragraph, substitute:
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9.3 Paragraph 1205 (2) (b):
Omit “sub-item”, substitute “paragraph”.
9.4 Sub-subparagraph 1205 (2) (b) (ii) (F):
Omit “clause”, substitute “sub-subparagraph”.
9.5 Paragraph 1205 (2) (c):
Omit all the words before subparagraph (c) (i), substitute:
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9.6 Subitem 1205 (4):
Omit “414 (Specialist (overseas))”, substitute “411 (Exchange)”.
9.7 Subitem 1207 (4):
Omit the subitem, substitute:
“(4) | Subclasses: |
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427 (Domestic Worker (Temporary)—Executive)”. |
9.8 After item 1214, insert:
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“(1) | Form: | 147 |
“(2) | Fee: | $145 |
“(3) | Other: |
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“(4) | Subclasses: | 422 (Medical Practitioner)”. |
9.9 Subitem 1222 (4):
Omit the subitem, substitute:
“(4) | Subclasses: | 560 (Student) |
562 (Iranian Postgraduate Student) | ||
563 (Iranian Postgraduate Student Dependant)”. |
9.10 Item 1223A:
Omit the item, substitute:
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“(1) | Form: |
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“(2) | Fee: |
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“(3) | Other: |
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“(4) | Subclasses: |
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10.1 Heading:
Omit the heading, substitute:
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10.2 Paragraph 303.212 (a):
Omit the paragraph, substitute:
“(a) is:
(i) an applicant for a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Domestic Worker (Temporary) (Class TG);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Student (Temporary) (Class TU);
(K) Supported Dependent (Temporary) (Class TW);
(L) Working Holiday (Temporary) (Class TZ); or
(ii) an applicant for a Temporary Business Entry (Class UC) visa who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of more than 3 months; and”.
11.1 Paragraphs 410.211 (2) (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
12.1 Paragraphs 411.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
13.1 Omit the Part.
14.1 Omit the Part.
15.1 Omit the Part.
16.1 Paragraphs 415.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
16.2 Paragraph 415.229 (1) (a):
Omit the paragraph, substitute:
“(a) the applicant was, at the time of application:
(i) the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); or
(iii) the holder of a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and”.
17.1 Paragraphs 416.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
18.1 Paragraphs 418.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
18.2 Paragraph 418.230 (a):
Omit the paragraph, substitute:
“(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and”.
18.3 Clause 418.231:
Omit all the words before paragraph (a), substitute:
“418.231 If the application is made in the migration zone and, at the time of application, the applicant was the holder of an Electronic Travel Authority (Class UD), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), Working Holiday (Temporary) (Class TZ) or Subclass 456 (Business (Short Stay)) visa:”.
19.1 Paragraphs 419.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
20.1 Paragraphs 420.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
21.1 Paragraphs 421.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
22.1 Paragraphs 422.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Prospective Marriage (Temporary) (Class TO);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
22.2 Subclause 422.227 (4):
Omit all the words before paragraph (a), substitute:
“(4) An applicant meets the requirements of this subclause if:
(aa) at the time of application, the applicant was the holder of an Electronic Travel Authority (Class UD), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), Working Holiday (Temporary) (Class TZ) or Subclass 456 (Business (Short Stay)) visa; and”.
23.1 Paragraphs 423.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes;
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
23.2 Paragraph 423.229 (a):
Omit the paragraph, substitute:
“(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and”.
24.1 Paragraphs 424.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Prospective Marriage (Temporary) (Class TO);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Special Tourist (Visitor) (Class TS);
(F) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
24.2 Paragraph 424.229 (a):
Omit the paragraph, substitute:
“(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary) —Executive);
(C) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and”.
25.1 Paragraphs 425.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
26.1 Paragraphs 427.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
26.2 Paragraph 427.222 (b):
Omit the paragraph, substitute:
“(b) is the holder of:
(i) a Subclass 412 (Independent Executive) visa; or
(ii) a Subclass 413 (Executive) visa; or
(iii) a Subclass 457 (Business (Long Stay)) visa granted on the basis of the holder meeting the requirements of subclause 457.223 (6) or (7).”.
27.1 Paragraphs 428.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
28.1 Paragraphs 430.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
29.1 Paragraphs 432.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
30.1 Paragraphs 442.211 (a) and (b):
Omit the paragraphs, substitute:
“(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Family Relationship (Temporary) (Class TL);
(E) Interdependency (Temporary) (Class TM);
(F) Medical Practitioner (Temporary) (Class UE);
(G) Retirement (Temporary) (Class TQ);
(H) Supported Dependent (Temporary) (Class TW);
(I) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 442 (Occupational Trainee);
(D) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or”.
31.1 Clause 456.211:
Omit the clause, substitute:
“456.211 The applicant:
(a) seeks to enter, or remain in, Australia temporarily for business purposes; and
(b) proposes in the application to remain in Australia for not more than 3 months on any single occasion; and
(c) has adequate funds for personal support during the period of his or her stay in Australia on each such occasion.”.
31.2 Clause 456.212:
Omit the clause, substitute:
“456.212 The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.”.
31.3 Paragraph 456.221 (2) (b):
Omit “visit Australia”, substitute “stay in Australia temporarily for business purposes”.
31.4 Paragraph 456.221 (2) (c):
Omit the paragraph, substitute:
“(c) satisfies :
(i) public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and
(ii) except where the applicant is a person to whom subclause (4) applies, public interest criterion 4005; and”.
31.5 Paragraph 456.221 (3) (b):
Omit “visit Australia”, substitute “stay in Australia temporarily for business purposes”.
31.6 Paragraph 456.221 (3) (e):
Omit the paragraph, substitute:
“(e) except where the applicant is a person to whom subclause (4) applies, satisfies public interest criterion 4005.”.
31.7 Clause 456.221:
Add at the end:
The applicant is a person to whom this subclause applies if:
(a) privileges and immunities are, or are expected to be, accorded to the applicant under the
International Organizations (Privileges and Immunities) Act 1963 or theOverseas Missions (Privileges and Immunities) Act 1995 ; and(b) the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.”.
31.8 Clause 456.311:
Omit the clause, substitute:
“456.311 The applicant is the spouse, or a dependent child, of a person who is an applicant for a Temporary Business Entry (Class UC) visa who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less”.
31.9 Clause 456.323:
Omit the clause, substitute:
“456.323 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and
(b) except where the applicant is the spouse, or a dependent child, of a person to whom subclause 456.221 (4) applies—satisfies public interest criterion 4005.”.
31.10 Paragraph 456.511 (b):
Omit the paragraph, substitute:
“(b) the visa is granted outside Australia, except to:
(i) a non-citizen who applied as the representative of a foreign government; or
(ii) a person to whom subclause 456.221 (4) applies; and”.
31.11 Paragraph 456.512 (a):
Omit the paragraph, substitute:
“(a) the visa is granted outside Australia to:
(i) a non-citizen who applied as the representative of a foreign government; or
(ii) a person to whom subclause 456.221 (4) applies; or”.
32.1 After Part 456, insert the Part set out in the Schedule.
33.1 Paragraph 560.212 (1) (a):
Omit the paragraph, substitute:
“(a) is:
(i) the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) the holder, as the spouse or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or
(iii) the holder of a special purpose visa; or
(iv) the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary) —Executive); or”.
33.2 Paragraph 560.212 (3) (a):
Omit the paragraph, substitute:
“(a) the last substantive visa held by the applicant was:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(iii) a special purpose visa; or
(iv) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); and”.
33.3 Paragraph 560.228 (1) (b):
Omit the paragraph, substitute:
“(b) if the applicant is the holder of:
(i) a Subclass 560 visa granted on the basis that the applicant satisfied the secondary criteria for that visa; or
(ii) a Subclass 563 (Iranian Postgraduate Student Dependant) visa;
the applicant was not, immediately before becoming the holder of that visa as a dependent of a student, the holder of:
(iii) a visa, granted because of satisfying the relevant primary criteria, of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependent (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(iv) a Diplomatic (Temporary) (Class TF) visa held by the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(v) a special purpose visa; or
(vi) a visa, granted on the basis of satisfying the relevant primary criteria, of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 560;
(C) Subclass 562 (Iranian Postgraduate Student).”.
33.4 Paragraph 560.230 (b):
Omit the paragraph, substitute:
“(b) at the time of application, the applicant meets the requirements of clause 560.212:
(i) as the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependent (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(ii) as the holder of a special purpose visa; or
(iii) as the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
the applicant establishes exceptional reasons for the grant of a Subclass 560 visa.”.
33.5 Paragraph 560.312 (1) (a):
“(a) is the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(iii) a special purpose visa; or
(iv) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); or”.
34.1 Sub-subparagraph 773.213 (1) (d) (i) (C):
Omit the sub-subparagraph, substitute:
“(C) the holder of a visa of a class specified in subclause (3); or
(D) the holder of a visa of a subclass specified in subclause (4); and”.
34.2 Subparagraph 773.213 (1) (e) (i):
Omit the subparagraph, substitute:
“(i) immediately before last departing Australia, held a visa of:
(A) a class specified in subclause (3); or
(B) a subclass specified in subclause (4); and”.
34.3 Subparagraph 773.213 (1) (g) (iii):
Omit the subparagraph, substitute:
“(iii) appears to the Minister, on the basis of information contained in the application, to be a person who is eligible for the grant of:
(A) a Long Stay (Visitor) (Class TN) visa; or
(B) a Short Stay (Visitor) (Class TR) visa; or
(C) a Subclass 456 (Business (Short Stay)) visa; or
(D) apart from the applicant being in Australia, a Transit (Temporary) (Class TX) visa.”.
34.4 Subclause 773.213 (3):
Omit the subclause, substitute:
“(3) The classes of visa referred to in sub-subparagraphs (1) (d) (i) (C) and (1) (e) (i) (A) are the following:
(a) Business (Temporary) (Class TB);
(b) Cultural/Social (Temporary) (Class TE);
(c) Diplomatic (Temporary) (Class TF);
(d) Domestic Worker (Temporary) (Class TG);
(e) Educational (Temporary) (Class TH);
(f) Expatriate (Temporary) (Class TJ);
(g) Family Relationship (Temporary) (Class TL);
(h) Interdependency (Temporary) (Class TM);
(i) Medical Practitioner (Temporary) (Class UE);
(j) Retirement (Temporary) (Class TQ);
(k) Supported Dependent (Temporary) (Class TW);
(l) Working Holiday (Temporary) (Class TZ).
“(4) The subclasses of visa referred to in sub-subparagraphs (1) (d) (i) (D) and (1) (e) (i) (B) are the following:
(a) Subclass 303 (Emergency (Temporary Visa Applicant));
(b) Subclass 457 (Business (Long Stay)).”.
35.1 Subclause 805.211 (1):
Omit the subclause, substitute:
The applicant is not the holder of:
(a) a visa of one of the following classes:
(i) Electronic Travel Authority (Class UD);
(ii) Long Stay (Visitor) (Class TN);
(iii) Short Stay (Visitor) (Class TR);
(iv) Special Category (Temporary) (Class TY);
(v) Special Tourist (Visitor) (Class TS); or
(b) a special purpose visa; or
(c) a Subclass 456 (Business (Short Stay)) visa; or
(d) a Subclass 457 (Business (Long Stay)) visa granted on the basis that:
(i) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(ii) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A.”.
35.2 Paragraph 805.211 (2) (b):
Omit the paragraph, substitute:
“(b) the last substantive visa held by the applicant was not:
(i) a visa of one of the following classes:
(A) Electronic Travel Authority (Class UD);
(B) Long Stay (Visitor) (Class TN);
(C) Short Stay (Visitor) (Class TR);
(D) Special Category (Temporary) (Class TY);
(E) Special Tourist (Visitor) (TS); or
(ii) a special purpose visa; or
(iii) a Subclass 456 (Business (Short Stay)) visa; or
(iv) a Subclass 457 (Business (Long Stay)) visa granted on the basis that:
(A) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(B) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A.”.
35.3 Subclause 805.212 (2):
Omit the clause, substitute:
An applicant meets the requirements of this subclause if the applicant:
(a) currently holds a qualifying visa within the meaning of subclause (2A); and
(b) has held 1 or more qualifying visas valid for an aggregate period of more than 12 months.
For the purposes of subclause (2), a visa is a qualifying visa if it is:
(a) a visa of one of the following classes:
(i) Business (Temporary) (Class TB);
(ii) Citizens of Former Yugoslavia (Temporary) (Class TC);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Family Relationship (Temporary) (Class TL);
(vi) Interdependency (Temporary) (Class TM);
(vii) Medical Practitioner (Temporary) (Class UE);
(viii) Sri Lankan (Temporary) (Class TT);
(ix) Supported Dependent (Temporary) (Class TW); or
(b) a Subclass 457 (Business (Long Stay)) visa granted otherwise than on the basis that:
(i) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(ii) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A; or
(c) a Confirmatory (Temporary) (Class TD) visa granted on the basis that the applicant:
(i) had applied for a visa of a class specified in paragraph (a) or (b), but needed to travel to Australia before a criterion, or criteria, for the grant of that visa had been satisfied; and
(ii) subsequently satisfied that criterion or those criteria.”.
36.1 Paragraph 840.211 (1) (b):
Omit the paragraph, substitute:
“(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.”.
37.1 Paragraph 841.211 (1) (b):
Omit the paragraph, substitute:
“(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.”.
38.1 Paragraph 842.211 (1) (b):
Omit the paragraph, substitute:
“(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.”.
39.1 Paragraph 843.211 (1) (b):
Omit the paragraph, substitute:
“(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) a Retirement (Temporary) (Class TQ);
(G) a Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.”.
40.1 Paragraph 844.212 (b):
Omit the paragraph, substitute:
“(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) an Expatriate (Temporary) (Class TJ);
(E) a Medical Practitioner (Temporary) (Class UE);
(F) a Retirement (Temporary) (Class TQ);
(G) a Supported Dependent (Temporary) (Class TW);
(H) a Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.”.
41.1 This regulation applies to an application for a Business (Temporary) (Class TB) visa that had not been finally determined within the meaning of subsection 5 (9) of the Act before 1 August 1996.
41.2 An application to which this regulation applies must be decided in accordance with the criteria that applied to the application on 31 July 1996.
41.3 If:
(a) the applicant satisfies the criteria for a visa of a subclass specified in Column 1 of the following table; and
(b) the Minister or review authority decides to grant a visa to the applicant;
the applicant is to be granted a visa:
(c) of the class specified in Column 2 of that table in relation to that subclass; and
(d) of the subclass specified in Column 3 of the table in relation to the first-mentioned subclass:
| Column 2 | Column 3 |
Subclass of visa—on 31 July 1996 | Class of visa—on and after 1 August 1996 | Subclass of visa—on and after 1 August 1996 |
411 | Cultural/Social (Temporary) (Class TE) | 411 |
412 | Temporary Business Entry (Class UC) | 457 |
413 | Temporary Business Entry (Class UC) | 457 |
414 | Temporary Business Entry (Class UC) | 457 |
418 | Educational (Temporary) (Class TH) | 418 |
422 | Medical Practitioner (Temporary) (Class UE) | 422 |
41.4 If a visa of a subclass specified in column 3 of the table is granted as a result of subregulation (3), Divisions 4, 5, 6 and 7 of the Part of Schedule 2 to the Migration Regulations (as in force on 1 August 1996) that applies to that subclass apply to the visa.
_____________
NEW PART 457 FOR INSERTION IN SCHEDULE 2
457.111 (1) In this Part:
For the purposes of this Part, a business activity is of benefit to Australia if:
(a) the conduct of the activity contributes to:
(i) the creation or maintenance of employment for Australian citizens or Australian permanent residents; or
(ii) expansion of Australian trade in goods or services; or
(iii) the improvement of Australian business links with international markets; or
(iv) competitiveness within sectors of the Australian economy; and
(b) the operator of the business:
(i) introduces to, or utilises or creates in, Australia new or improved technology or business skills; or
(ii) has a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in the business in Australia.
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457.211 If the application is made in Australia:
(a) the applicant is the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457; or
(b) the applicant is the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the applicant is the holder of a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b); or
(d) the applicant is not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) the applicant is not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
457.221 If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
457.222 (1) If the application is made in Australia and at the time of application the applicant was the holder of a Student (Temporary) (Class TU) visa:
(a) the applicant has successfully completed a course in Australia at Associate Diploma level or above; and
(b) if the applicant is a private subsidised student—the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(c) if the applicant is a student under a scholarship scheme or training program approved by AusAID—the applicant has the support in writing of AusAID for the grant of the visa.
Subclause (1) does not apply to an applicant who meets the requirements of subclause 457.223 (3).
457.223 (1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6), (7), (8) or (9).
The applicant meets the requirements of this subclause if:
(a) the activity specified in the application is the subject of a labour agreement; and
(b) that activity is the subject of an approved business nomination by a party to the labour agreement; and
(c) the applicant is nominated by a party to the labour agreement; and
(d) the Minister is satisfied that:
(i) the skills and experience of the applicant are suitable for the performance of the activity; and
(ii) the requirements of the labour agreement have been met in relation to the application.
The applicant meets the requirements of this subclause if:
(a) the activity specified in the application is the subject of an RHQ agreement; and
(b) the applicant has lodged with the application a statement that:
(i) identifies the applicant as a person who is to be employed in the regional headquarters of a business in Australia; and
(ii) identifies the RHQ agreement by the number given to the agreement.
The applicant meets the requirements of this subclause if:
(a) the activity in which the applicant proposes to be employed in Australia by a person (in this subclause called
“the employer” ) is a key activity; and(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer is:
(i) a pre-qualified business sponsor; or
(ii) a standard business sponsor; and
(d) the applicant is nominated in relation to the activity by the employer; and
(e) where:
(i) the employer is a standard business sponsor; and
(ii) the application is made for a stay in Australia of more than 12 months;
the applicant demonstrates (if so required by the Minister) that the applicant has the skills necessary to perform the activity.
The applicant meets the requirements of this subclause if:
(a) the activity in which the applicant proposes to be employed in Australia by a person (in this subclause called
“the employer” ) is not a key activity; and(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer is:
(i) a pre-qualified business sponsor; or
(ii) a standard business sponsor; and
(d) the applicant is nominated in relation to the activity by the employer; and
(e) where the application is made for a stay in Australia for more than 12 months, the applicant demonstrates that he or she has the skills necessary to perform the activity; and
(f) where the employer is a standard business sponsor, the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia.
The applicant meets the requirements of this subclause if:
(a) the applicant proposes to be employed in Australia by a person (in this subclause called
“the employer” ) who does not operate a business activity in Australia; and(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer:
(i) has given undertakings in accordance with approved form 1067; and
(ii) is a person whom the Minister is satisfied (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor; and
(d) where:
(i) the activity is a key activity; and
(ii) the application is made for a stay in Australia of more than 12 months;
the applicant demonstrates (if so required by the Minister) that the applicant has the skills necessary to perform the activity; and
(e) where the activity is not a key activity:
(i) the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia; and
(ii) in the case of an application for a stay in Australia of more than 12 months—the applicant demonstrates that he or she has the skills necessary to perform the activity; and
(f) the Minister is satisfied that the applicant has a genuine and realistic commitment to:
(i) establish, or assist in establishing, on behalf of the employer, a business activity in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, contractual obligations of the employer;
that will be of benefit to Australia.
The applicant meets the requirements of this subclause if the Minister is satisfied that:
(a) the applicant proposes to develop in Australia a business activity that will be:
(i) conducted by the applicant as a principal; and
(ii) of benefit to Australia; and
(b) the applicant has a genuine and realistic commitment:
(i) to maintain or obtain an ownership interest in a business in Australia; and
(ii) to maintain a direct and continuous involvement in the management of the business; and
(iii) to make decisions that affect the overall direction and performance of the business from day to day; and
(c) nothing adverse is known to Immigration about the applicant’s business background; and
(d) the applicant has net assets of:
(i) not less than AUD250,000; or
(ii) a lesser amount that the Minister considers to be adequate;
to conduct or establish the business.
The applicant meets the requirements of this subclause if:
(a) the applicant:
(i) is a representative of a supplier of services who is located outside Australia; and
(ii) proposes to represent the supplier in Australia; and
(b) the representation involves negotiating, or entering into agreements, for the sale of services but does not involve the actual supply, or direct sale, of the services; and
(c) the Minister is satisfied that the proposal has not been made only for the purposes of securing the entry of the applicant to Australia.
The applicant meets the requirements of this subclause if:
(a) the applicant is a person to whom privileges and immunities will be accorded under the
International Organizations (Privileges and Immunities) Act 1963 or theOverseas Missions (Privileges and Immunities) Act 1995 ; and(b) the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.
457.224 The applicant satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014; and
(b) except where the applicant meets the requirements of subclause 457.223 (9)—satisfies public interest criterion 4006A.
457.225 If:
(a) the application is made outside Australia; and
(b) the applicant has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
457.321 The
applicant is a member of the family unit of a person (in this Subdivision
called
457.322 If the application is made outside Australia separately from that of the primary applicant:
(a) the primary applicant is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of the primary applicant.
457.323 If the application is made in Australia, the applicant has complied substantially with the conditions that apply, or applied, to:
(a) any visa that the applicant holds or has held; or
(b) any visa held by the applicant immediately before becoming an unlawful non-citizen.
457.324 The applicant is included in any nomination that is required in respect of the primary applicant in accordance with approved form 1068.
457.325 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014; and
(b) except where the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223 (9)—satisfies public interest criterion 4006A.
457.326 If:
(a) the application is made outside Australia; and
(b) the applicant has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
457.411 If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
457.412 If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
457.511 A temporary visa permitting the holder:
(a) in the case of a holder who is in Australia at the time of grant—to remain in Australia for a period of more than 3 months, but not more than 4 years, from the date of grant; and
(b) in the case of a holder who is outside Australia at the time of grant—to remain in Australia for a period of more than 3 months, but not more than 4 years from the date of entry that is specified by the Minister; and
(c) in any case—to travel to, and enter, Australia on multiple occasions before the end of the relevant period.
457.611 (1) If the applicant satisfies the primary criteria, condition 8107 applies to the visa granted to the applicant unless the applicant meets the requirements of subclause 457.223 (7).
Any one or more of conditions 8106, 8301, 8303, 8502, 8516, 8522, 8525 and 8526 may be imposed.
457.711 Visa label affixed to a valid passport.
_______________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 5 June 1996.2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12 and 75.
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