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 23 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration, Local
Government and Ethnic Affairs
____________
1.1 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.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1):
After the definition of “occupational trainee”, insert:
“
3.2 Subregulation 2 (1) (definition of “temporary resident visa”, paragraph (a)):
After “13,”, insert “14,”.
4.1 Paragraph 40 (1) (t):
Omit “Croatians, Slovenians and Yugoslavs—”, substitute “Citizens of the former Socialist Federal Republic of Yugoslavia”.
5.1 Subregulation 41 (6):
Omit “1 July”, substitute “16 October”.
6.1 Subregulation 42 (8):
Omit “1 July”, substitute “16 October”.
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)”.
8.1 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)”.
9.1 Paragraph 70 (a):
Omit the paragraph, substitute:
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”.
10.1 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”.
11.1 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;”.
12.1 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;”.
13.1 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:
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.”.
14.1 Paragraph 98c (4) (b):
After “visa” (first occurring), insert “or entry permit”.
15.1 Paragraph 98e (6) (b):
After “visa” (first occurring), insert “or entry”.
16.1 Paragraph 103 (a):
Omit the paragraph, substitute:
“(a) the applicant is subject to substantial discrimination amounting to gross violation of human rights;”.
17.1 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:
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;”.
18.1 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:
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”.
19.1 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;”.
20.1 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:
The Minister may, by notice in the
21.1 Paragraph 146 (1) (k):
Omit the paragraph.
21.2 Subregulation 146 (2a):
Omit the subregulation.
22.1 Paragraph 185 (2) (a):
Omit “permit a fee”, substitute “permit—a fee”.
23.1 Omit the regulation, substitute:
(1) Subject to subregulation (2), the fee payable on application for a student (category A) visa is $130.
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).”.
24.1 Omit the regulation, substitute:
(1) Subject to subregulation (2), the fee payable on application for a student (category B) visa is $130.
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.”.
25.1 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”. |
26.1 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”.
27.1 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”.
28.1 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:
|
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”.
30.1 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”.
31.1 Subregulation 50.1 of Statutory Rules 1991 No. 418 is amended by omitting “these Regulations” and substituting “the Migration Regulations”.
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, 51, 96, 112 and 125.
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