Migration Regulations (Amendment) (Cth)

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Statutory Rules 1995

No. 302 1

__________________

Migration Regulations 2(Amendment)

I, The ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 19 October 1995.

 P. R. SINCLAIR

 Administrator

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

____________

1.   Commencement

1.1   These Regulations commence on 1 November 1995.

2.   Amendment

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

3.   New regulation 2.50

3.1   After regulation 2.49, insert:

Cancellation of business visas

“2.50.

(1) In this regulation:

‘old business skills entry permit’ means:

  • (a)

    an entry permit granted under the Migration (1993) Regulations (including an entry visa of any of those classes that operated as an entry permit) of any of the following classes:

    • (i)

      Class 127 (business skills);

    • (ii)

      Class 128 (business skills (senior executive));

    • (iii)

      Class 129 (State/Territory sponsored business skills);

    • (iv)

      Class 130 (State/Territory sponsored business skills (senior executive));

  • (b)

    an entry permit granted under the Migration (1989) Regulations of any of the following classes:

    • (i)

      business (general) (code number 123);

    • (ii)

      business (joint venture) (code number 122);

    • (iii)

      business skills (code number 127);

    • (iv)

      business skills (senior executive) (code number 128);

‘old business skills visa’ means:

  • (a)

    a visa granted under the Migration (1993) Regulations of any of the following classes:

    • (i)

      Class 127 (business skills);

    • (ii)

      Class 128 (business skills (senior executive));

    • (iii)

      Class 129 (State/Territory sponsored business skills);

    • (iv)

      Class 130 (State/Territory sponsored business skills (senior executive));

  • (b)

    a visa granted under the Migration (1989) Regulations of any of the following classes:

    • (i)

      business (general) (code number 123);

    • (ii)

      business (joint venture) (code number 122);

    • (iii)

      business skills (code number 127);

    • (iv)

      business skills (senior executive) (code number 128).

“(2)

For the purposes of paragraph (a) of the definition of ‘business visa’ in subsection 134 (10) of the Act, the following classes of visas are prescribed:

  • (a)

    Business Skills (Migrant) (Class AD);

  • (b)

    Business Skills (Residence) (Class BH).

“(3)

For the purposes of paragraph (b) of the definition of ‘business visa’ in subsection 134 (10) of the Act, the prescribed kinds of visas, and the prescribed provisions of the Migration Reform (Transitional Provisions) Regulations that apply to each of those kinds of visas, are the kinds of visas and the provisions of those Regulations set out in the following paragraphs:

  • (a)

    a transitional (permanent) visa (being a visa to which regulation 4 of those Regulations applies) that a person is taken to hold because he or she held an old business skills entry permit;

  • (b)

    a transitional (permanent) visa (being a visa to which regulation 6 of those Regulations applies) that a person is taken to hold because he or she held an old business skills visa;

  • (c)

    a transitional (permanent) visa (being a visa to which regulation 7 of those Regulations applies) that a person is taken to hold because he or she held a permanent return visa granted on the basis of holding an old business skills visa;

  • (d)

    a transitional (permanent) visa (being a visa to which regulation 22 of those Regulations applies) that a person is granted because:

    • (i)

      the person:

      • (A)

        applied for an old business skills visa; or

      • (B)

        applied for a permanent return visa on the basis of holding an old business skills visa; and

    • (ii)

      the application was not decided before 1 September 1994.”.

4.   Regulation 3.02 (Passenger card)

4.1   Paragraphs 3.02 (1) (c), (d) and (e):

Omit the paragraphs.

5.   Schedule 2, Part 456 (Business (Short Stay))

5.1   Subparagraph 456.221 (2) (e) (iii):

Omit the subparagraph.

6.   Schedule 2, Part 676 (Tourist (Short Stay))

6.1   Subparagraph 676.221 (2) (g) (iv):

Omit the subparagraph.

7.   Schedule 2, Part 686 (Tourist (Long Stay))

7.1   Subparagraph 686.221 (2) (g) (iv):

Omit the subparagraph.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 October 1995.

2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134 and 268.

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