Migration Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 2291

————————

Migration Regulations2 (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 25 July 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

GERRY HAND

Minister of State for Immigration,

Local Government and Ethnic Affairs

——————

1. Amendment

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

2. Regulation 2 (Interpretation)

2.1 Subregulation 2 (1):

After the definition of “Australian permanent resident”, insert:

“‘BMP notification’ means a notice required by an agreement relating to the accreditation of business migration agents under the Business Migration Program (being an agreement in force immediately before 26 July 1991 between the Commonwealth and a person or body described in it as the accredited agent) to be submitted, on Form 80 issued by the Department, by the accredited agent within 7 days of the accredited agent being retained by a client;”.

3. New regulation 34aa

3.1 After regulation 34, insert:

Time limit for making application for certain classes of visa and entry permit

“34aa. (1) In this regulation:

‘prescribed application’ means:

(a) an application for a business (general) visa or a business (joint venture) visa; or

(b) an application for an extended eligibility (economic) entry permit or a skilled occupation entry permit that is dependent upon the applicant being a person to whom subregulation 128 (3) or 139 (3) applies.

“(2) A prescribed application cannot be made after 1 August 1991 or, if a BMP notification in respect of the applicant was submitted before 2 August 1991, after 1 November 1991.”.

4. Regulation 47 (Business (general) visa)

4.1 Subregulation 47 (1):

Omit “requires.”, substitute “requires, and the further criterion specified in subregulation (4).”

4.2 After subregulation 47 (3), add:

“(4) The further criterion referred to in subregulation (1) is that

either:

(a) an application for the visa, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant before 2 August 1991; or

(b) both:

(i) a BMP notification in respect of the applicant was submitted before 2 August 1991; and

(ii) an application for the visa, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant, before 2 November 1991.”.

5. Regulation 48 (Business (joint venture) visa)

5.1 Subregulation 48 (1):

Omit “requires.”, substitute “requires, and the further criterion specified in subregulation (4).”

5.2 After subregulation 48 (3), add:

“(4) The further criterion referred to in subregulation (1) is that

either:

(a) an application for the visa, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant before 2 August 1991; or

(b) both:

(i) a BMP notification in respect of the applicant was submitted before 2 August 1991; and

(ii) an application for the visa, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant, before 2 November 1991.”.

6. Regulation 95 (Return visa, Class B)

6.1 Sub-subparagraph 95 (c) (iii) (A):

Omit “47 (b)”, substitute “47 (2) (b)”.

7. Regulation 128 (Extended eligibility (economic) entry permit)

7.1 Subparagraph 128 (1) (a) (iv):

Omit the subparagraph, substitute:

“(iv) the applicant:

(A) satisfies the prescribed criteria in relation to a labour agreement visa, an employer nomination visa, a distinguished talent (Australian support) visa or a distinguished talent (independent) visa; or

(B) is a person to whom subregulation (3) applies;”.

7.2 After subregulation 128 (2), add:

“(3) This subregulation applies to a person if:

(a) the person satisfies:

(i) the applicable prescribed criteria in relation to a business (general) visa other than the criteria specified in subregulation 47 (4); or

(ii) the applicable prescribed criteria in relation to a business (joint venture) visa other than the criteria specified in subregulation 48 (4); and

(b) either:

(i) an application for the entry permit, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant before 2 August 1991; or

(ii) both:

(A) a BMP notification in respect of the applicant was submitted before 2 August 1991; and

(B) an application for the entry permit, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant, before 2 November 1991.”.

8. Regulation 139 (Skilled occupation entry permit)

8.1 Subparagraph 139 (1) (a) (iv):

Omit the subparagraph, substitute:

“(iv) the applicant:

(A) satisfies the prescribed criteria in relation to a labour agreement visa, an employer nomination visa, a distinguished talent (Australian support) visa or a distinguished talent (independent) visa; or

(B) is a person to whom subregulation (3) applies;”.

8.2 After subregulation 139 (2), add:

“(3) This subregulation applies to a person if:

(a) the person satisfies:

(i) the prescribed criteria in relation to a business (general) visa other than the criterion specified in subregulation 47 (4); or

(ii) the prescribed criteria in relation to a business (joint venture) visa other than the criterion specified in subregulation 48 (4); and

(b) either:

(i) an application for the entry permit, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant before 2 August 1991; or

(ii) both:

(A) a BMP notification in respect of the applicant was submitted before 2 August 1991; and

(B) an application for the entry permit, on the approved form, was lodged, and the prescribed fee paid, by or on behalf of the applicant, before 2 November 1991.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 July 1991.

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, 230, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201 and 226.