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MIGRATION (1993) REGULATIONS (AMENDMENT) 1993 NO. 19
EXPLANATORY STATEMENTSTATUTORY RULES 1993 No. 19
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
Migration Act 1958
Migration (1993) Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Without limiting the generality of section 181, particular provision is made for and in relation to the following matters:
- paragraph 181(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations;
- paragraph 181(1)(b) of the Act provides that the regulations may provide for the remission, refund or waiver of any fees which may be prescribed in the regulations, or for the exempting of persons from the payment of such fees;
- paragraph 181(1)(c) of the Act provides that the regulations may prescribe that information with respect to overseas passengers must be given or obtained;
- paragraph 181(1)(h) of the Act provides that the regulations may require an assurance of support to be given in respect of an applicant for entry to Australia, and may prescribe the enforcement of assurances of support and the liabilities of an assurer.
In addition, regulations are prescribed pursuant to the following powers:
- paragraph 4(5A)(b) of the Act provides that if an officer believes that a person was on board a vessel, other than an aircraft, when it was used in connection with the commission of an offence against a prescribed Commonwealth or State law, the person is taken to have not entered Australia when he or she disembarked from the vessel;
- section 22AB of the Act provides that the regulations may provide for the procedure for the determination of whether a person has refugee status;
- subsection 23(1) of the Act provides that, without limiting the generality of section 181, the regulations may provide for the granting and refusal of visas, including the granting of visas subject to conditions or to a limitation as to time. There is also provision for the regulations to provide for the recording and evidencing of visas, the effect and operation of visas and the cancellation of visas;
- subsection 23(2) of the Act provides that the regulations may provide for different classes of visas. The regulations may also provide that a person is entitled to be granted a visa of a particular class if the person satisfies all the criteria prescribed in relation to that class;
- section 30 of the Act provides that the regulations may prescribe the qualifications and the number of points which an applicant is to receive for those qualifications, in determining an applicant's score under the points system;
- subsection 33(1) of the Act provides that, without limiting the generality of section 181, the regulations may provide for the granting and refusal of entry permits, including the granting of entry permits subject to conditions or to a limitation as to time. There is also provision for the regulations to provide for the recording and evidencing of entry permits, the effect and operation of entry permits and the cancellation of entry permits;
- subsection 33(2) of the Act provides that the regulations may provide for different classes of entry permits. The regulations may also provide that a person is entitled to be granted an entry permit of a particular class if the person satisfies all the criteria prescribed in relation to that class;
- section 36 provides inter alia the power to prescribe the change in a person's circumstances necessary before that person is permitted to make a further application for an entry permit while remaining in Australia, after a review of a previous application has been applied for;
- section 37 provides inter alia the power to prescribe the change in circumstances necessary before the person is permitted to make a further application for an entry permit while remaining in Australia, where a review has not been applied for;
- subsection 41(2) of the Act provides for the prescribing of points for each prescribed qualification in relation to applications for entry permits;
- subsection 50A(10) of the Act provides inter alia for a permanent entry permit to be prescribed for the purposes of the definition of "business permit";
- subsection 63(1) of the Act provides that the regulations may prescribe the matters which are the only matters which the Minister must consider in deciding to exercise his or her power under this subsection to revoke an order for the deportation of a person;
- paragraph 100B(b) of the Act provides that the regulations may prescribe Commonwealth and State laws relating to fishing for the purposes of section 100B of the Act. Section 100B makes provision for the master, owner, agent or charterer of a vessel to be liable for certain costs where a person who travelled to Australia on that vessel is in custody under subsection 88(3) of the Act and while in custody is convicted of an offence against a prescribed Commonwealth or State law;
- subsection 112(3) of the Act provides for the regulations to make provision for the regulation of migrant centres;
- subsection 113(2) of the Act provides for the regulations to make provision for the regulation and operation of detention centres.
The purpose of the Regulations is:
• to make some minor technical corrections of a non-policy nature such as correcting typographical errors and errors in cross-references;
• to make some minor amendments of a non-policy nature to correct unintended consequences and bring the Migration (1993) Regulations into line with the Migration Regulations as they are prior to 1 February 1993 (the Migration (1989) Regulations). The possibility of these amendments being necessary was flagged in the Explanatory Memorandum for the Migration (1993) Regulations (Statutory Rules No.367 of 1992);
• to include Statutory Rules amendments made to the Migration (1989) Regulations after the Migration (1993) Regulations were made by Executive Council on 23 November 1992 or too late to be incorporated in those Regulations (Statutory Rules Nos 346, 392, 433 and 451 of 1992);
• to introduce two new visas and entry permits - class 129 (State/Territory sponsored business skills) and class 130 (State/Territory sponsored business skills (senior executive)). These two new classes are the result of agreements - between the Commonwealth and States and Territories, and enable State and Territory Government authorities to sponsor business people and senior executives;
• to introduce regulations providing for procedures for the processing of applications by persons in Australia for refugee status;
• to provide that unaccompanied minors visiting a person in Australia who is not a relative must be nominated by the person in Australia, and the nominator must meet certain requirements;
• to extend the Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) entry permit to 30 June 1993; and
• to provide that regulations 2.12 and 2.27, which provide that a person is entitled to be granted a visa or an entry permit, respectively, on satisfaction of prescribed criteria, cease to have effect on 31 October 1993.
Details of the regulations are set out in the Attachment.
ATTACHMENT
Regulation 1 - Commencement
This regulation provides for these Regulations to commence on 1 February 1993.
Regulation 2 - Amendment
This regulation provides for the Migration (1993) Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 1.3 (Interpretation)
Subregulations 3.1 and 3.2 amend the definitions of "aged dependent relative" and "Australian permanent resident" in the Migration (1993) Regulations to correct unintended consequences and bring them into line with those in the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 3.3 makes a minor technical correction to subparagraph (a)(iii) of the definition of "Australian permanent resident" in regulation 1.3 of the Migration (1993) Regulations.
Subregulations 3.4, 3.5 and 3.6 amend the definitions of "Australian permanent resident", "Gazette Notice" and "permanent entry permit" in the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 3.7 makes a minor technical correction to the definition of "section 47 temporary entry permit" in regulation 1.3 of the Migration (1993) Regulations.
Subregulation 3.8 adds a definition of "authorised officer" to regulation 1.3 of the Migration (1993) Regulations as the definition of "authorised officer" in the Act is not applicable.
Regulation 4 - Regulation 1.5 (Balance of family test)
This regulation amends regulation 1.5 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 5 - Regulation 1.6 (De facto spouse)
This regulation amends regulation 1.6 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 6 - Regulation 1.7 (Labour market requirements)
This regulation amends regulation 1.7 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 7 - Regulation 1.10 (Orphan relative)
This regulation amends regulation 1.10 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 8 - Regulation 1.20 (Sponsorship)
This regulation amends the interpretation of "sponsorship" in regulation 1.20 of the Migration (1993) Regulations as a result of the introduction of two new visa and entry permit classes by these regulations - Class 129 (State/Territory sponsored business skills) and Class 130 (State/Territory sponsored business skills (senior executive). This regulation excludes these two new classes from the interpretation of "sponsorship" as while the term "sponsorship" is used in these two classes, it does not have the meaning or entail the responsibilities that it does elsewhere in the regulations.
Regulation 9 - Regulation 2.2 (Criteria conditions and other provisions applicable to individual classes of visas and entry permits
Subregulations 9.1 and 9.2 amend subregulations 2.2(3) and 2.2(5) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 9.3 and 9.4 make minor technical corrections to subregulation 2.2(6) of the Migration (1993) Regulations.
Regulation 10 - Regulation 2.4 (Prescribed qualifications and prescribed number of points
This regulation amends regulation 2.4 of the Migration (1993) Regulations to pick up the amendment made to regulation 146 of the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Regulation 11 - Regulation 2.10 (Prescribed change in circumstances (paragraphs 36(1)(a) and 37(2)(a) of the Act))
Subregulations 11.1, 11.2 and 11.3 make minor technical corrections to paragraphs 2.10 (a), (g), (h) and (1) of the Migration (1993) Regulations.
Subregulation 11.4 amends regulation 2.10 of the Migration (1993) Regulations to pick up the amendment made to subregulation 40(1) of the Migration (1989) Regulations by Statutory Rules No. 346 of 1992.
Regulation 12 - Regulation 2.12 (Entitlement to be granted a visa)
This regulation adds a new subregulation (2) to regulation 2.12 of the Migration (1993) Regulations. This subregulation provides that the entitlement to be granted a visa ceases on 31 October 1993.
Regulation 13 - Regulation 2.16 (Application for certain classes of visas to have effect as application for visas of certain other classes
Subregulation 13.1 omits subparagraph 2.16(2)(b)(ii) of the Migration (1993) Regulations and subregulation 13.2 adds new subregulations (4A) and (4B) to regulation 2.16. These regulations correct unintended consequences and bring the criteria into line with that in the Migration (1989) Regulations. There are no policy changes involved.
Regulation 14 - Regulation 2.18 (Grant of visa)
This regulation makes a minor technical correction to subregulation 2.18(2) of the Migration (1993) Regulations.
Regulation 15 - Regulation 2.22 (Effect and operation of visas)
This regulation makes a minor technical correction to paragraph 2.22(2)(e) of the Migration (1993) Regulations.
Regulation 16 - Regulation 2.27 (Entitlement to be granted an entry permit)
This regulation adds a new subregulation (2) to regulation 2.27 of the Migration (1993) Regulations. This subregulation provides that the entitlement to be granted an entry permit ceases on 31 October 1993.
Regulation 17 - Regulation 2.29 (Applications for certain classes of entry permits to have effect as applications for entry permits and visas of certain other classes)
This regulation adds new subregulations (1A) and (1B) to regulation 2.29 of the Migration (1993) Regulations to correct unintended consequences and bring the criteria into line with that in the Migration (1989) Regulations. There are no policy changes involved.
Regulation 18 - Regulation 2.33 (Grant of entry permit)
This regulation makes a minor technical correction to regulation 2.33 of the Migration (1993) Regulations.
Regulation 19 - New Part 2A
This regulation inserts a new Part 2A in the Migration (1993) Regulations - Determination of Refugee Status. The new Part 2A prescribes procedures for processing of applications for refugee status made under Division 1AA of the Migration Act 1958. In particular, the new Part 2A prescribes the way in which an application is to be made, imposes on the applicant an obligation to inform the Department of any material changes in his or her circumstances, and sets limits on the time which an applicant has to reply to requests for further information or comment. The new Part 2A also provides that the applicant has a right to seek a review of a refused application for refugee status, provided the application for review is lodged within certain prescribed periods.
Regulation 20 - New Regulation 3.1A
This regulation adds a new regulation 3.1A to the Migration (1993) Regulations to pick up the amendment made when regulation 148AA was added to the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Regulation 21 - Part 5 (Assurance of support)
This regulation corrects an error in the heading of Part 5 the Migration (1993) Regulations.
Regulation 22 - Regulation 5.6 (Interpretation)
This regulation amends regulation 5.6 of the Migration (1993) Regulations to correct an error in the definition of "assurance of support".
Regulation 23 - New Regulations 7.8A and 7.8B
This regulation adds new regulations 7.8A and 7.8B to the Migration (1993) Regulations to pick up the amendment made when regulations 9B and 9C were added to the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Regulation 24 - Regulation 7.17 (Infringement notices)
Subregulations 24.1, 24.2 and 24.3 amend paragraphs 7.17(3)(d) and 7.17(7)(d and (e) and subregulation 7.17(12) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 24.4 omits subregulation 7.17(13) of the Migration (1993) Regulations as it is duplicated by regulation 7.16.
Regulation 25 - Regulation 7.18 (Prescribed matters (subsection 63(1) of Act))
This regulation makes minor technical corrections to subparagraphs 7.18(f)(i) and (ii) of the Migration (1993) Regulations.
Regulation 26 - Regulation 7.22 (Detention centres - medical treatment)
This regulation substitutes a new regulation 7.22 of the Migration (1993) Regulation to pick up the amendment made when regulation 182C of the Migration (1989) Regulations was substituted by Statutory Rules 451 of 1992.
Regulation 27 - Regulation 7.23 (Consent by Secretary to medical-treatment of persons i custody)
This regulation omits regulation 7.23 of the Migration (1993) Regulation to pick up the amendment made when regulation 182D of the Migration (1989) Regulations was omitted by Statutory Rules 451 of 1992.
Regulation 28 - Regulation 8.2 (Saving)
This regulation inserts a new subregulation 8.2(4) which is necessary to ensure the continuing operation of capping limits made by Gazette Notice under the Migration (1989) Regulations and section 28A of the Migration Act 1958.
Regulation 29 - Schedule 1 (Classification of visas and entry permits)
Subregulation 29.1 makes minor technical corrections to items 1116 and 1117 of Schedule 1 of the Migration (1993) Regulations.
Subregulation 29.2 inserts new items 1119 and 1120 into Schedule 1 as a consequence of the introduction of two new visa and entry permit classes (129 (State/Territory sponsored business skills) and 130 (State/Territory sponsored business skills (senior executive)) by these regulations.
Sub regulations 29.3 to 29.11 make corrections to Schedule 1 of the Migration (1993) Regulations.
Subregulation 29.12 inserts a new item 2604 as a consequence of the insertion of Refugee (transitional) entry permit by these regulations.
Regulation 30 - Schedule 2 (Provisions with respect to the grant of individual classes of visas and entry permits to primary persons)
Subregulations 30.1 and 30.2 make minor corrections to the Note under the heading to Schedule 2 and to paragraph 100.322(1)(a).
Subregulation 30.3 amends paragraph 100.322(1)(b) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.4 makes a minor technical correction to paragraph 100.322(2)(a) of the Migration (1993) Regulations.
Subregulation 30.5 amends paragraph 100.322(2)(b) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.6 amends clause 101.331 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.7 and 30.8 make minor technical corrections to clauses 101.321 and 102.331 of the Migration (1993) Regulations.
Subregulation 30.9 amends paragraph 103.322(3)(c) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.10 makes a minor technical correction to clause 103.331 of the Migration (1993) Regulations.
Subregulations 30.11, 30.12, 30.13 and 30.14 amend subparagraphs 104.321(2)(b)(i) and 104.321(3)(b)(i) and clauses 105.338 and 126.332 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.15 and 30.16 make minor technical corrections to clauses 127.327 and 127.329 of the Migration (1993) Regulations.
Subregulations 30.17 and 30.18 amend clause 127.335 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.19 and 30.20 make minor technical corrections to clauses 128.324 and 128.326 of the Migration (1993) Regulations.
Subregulations 30.21 and 30.22 amend clause 128.335 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.23 adds two new visas and entry permits to Schedule 2 of the Migration (1993) Regulations. They are the Class 129 (State/Territory sponsored business skills) visa and entry permit and the Class 130 (State/Territory sponsored business skills (senior executive)) visa and entry permit.
Subregulation 30.24 adds an assurance of support criterion to class 150. This criterion was inadvertently omitted from the Migration (1993) Regulations.
Subregulation 30.25 amends the heading of Part 800 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.26 amends subclause 801.732(1) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.27 makes a minor technical correction to subclause 801.732(4) of the Migration (1993) Regulations.
Subregulations 30.28, 30.29 and 30.30 amend subclause 801.732(7), and paragraphs 801.732(8)(b) and 801.732(10)(b) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.31 makes a minor technical correction to subclause 801.732(11) of the Migration (1993) Regulations.
Subregulations 30.32 and 30.33 amend subclauses 801.733(2) and 801.735(3) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.34 makes a minor technical correction to the heading of Division 801.8 of the Migration (1993) Regulations.
Subregulation 30.35 amends paragraph 801.821(b) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.36 and 30.37 amend subdivision 804.73 and subclause 806.731(4) to correct errors made in the order of printing.
Subregulation 30.38 amends subclause 806.732(1) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved. ,
Subregulation 30.39 amends clause 810.721 of the Migration (1993) Regulations to pick up the amendment made to regulation 142A of the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Subregulation 30.40 makes a minor technical correction to subclause 814.732(3) of the Migration (1993) Regulations.
Subregulation 30.41 amends the heading to Part 200 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.42 makes a minor technical correction to paragraph 200.332(c) of the Migration (1993) Regulations.
Subregulations 30.43, 30.44, 30.45, 30.46 and 30.47 amend clauses 200.335 and 200.337 and paragraphs 200.339(1)(b), 200.339(1)(c) and 200.339(2)(b) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.48 and 30.49 make minor technical corrections to clause 201.12 and paragraph 201.332(c) of the Migration (1993) Regulations.
Subregulations 30.50 to 30.64 all amend provisions of Schedule 2 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.65 amends clause 204.321 of the Migration (1993) Regulations to pick up the amendment made to regulation 105 of the Migration (1989) Regulations by Statutory Rules No. 346 of 1992.
Subregulations 30.66 to 30.74 all amend provisions of Schedule 2 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.75 and 30.76 correct the title of the East Timorese in Portugal (Special Assistance) visa and entry permit and bring it into line with that in the Migration (1989) Regulations.
Subregulation 30.77 amends clause 208.332 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.78 corrects the title of the East Timorese in Portugal (Special Assistance) visa and entry permit and brings it into line with that in the Migration (1989) Regulations.
Subregulation 30.79 amends clause 209.333 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.80 corrects the title of the Class 210 (minorities of former USSR (special assistance)) visa and entry permit and brings it into line with that in the Migration (1989) Regulations.
Subregulation 30.81 amends clause 210.333 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1.989) Regulations. There are no policy changes involved.
Subregulation 30.82 corrects the title of the Minorities Former USSR (Special Assistance) visa and entry permit and brings it into line with that in the Migration (1989) Regulations.
Subregulation 30.83 makes a minor technical correction to clause 211.323 of the Migration (1993) Regulations.
Subregulation 30.84 amends clause 212.334 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.85 amends the heading of Part 154 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.86 amends subdivision 154.32 of the Migration (1993) Regulations to correct unintended consequences to bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.87 makes a minor technical correction to subclause 154.411(2) of the Migration (1993) Regulations.
Subregulation 30.88 omits the criteria which were previously required to be satisfied at time of application for a Class 154 visa (after entry). These criteria should be satisfied at time of decision.
Subregulation 30.89 includes, as criteria to be satisfied at time of decision, the criteria which were previously listed at time of application for a Class 154 visa (after entry). This amendment also corrects unintended consequences and brings the provisions in line with those in the Migration (1989) Regulations.
Subregulations 30.90, 30.91 and 30.92 make minor technical corrections to subclauses 155.411(2), 156.411(2) and 157.411(2), respectively, of the Migration (1993) Regulations.
Subregulation 30.93 amends the heading of Part 303 of Schedule 2 of the Migration (1993) Regulations.
Subregulations 30.94 and 30.95 make minor technical corrections to paragraphs 305.321(2)(c) and 305.321(2)(f) respectively, of the Migration (1993) Regulations.
Subregulations 30.96, 30.97 and 30.98 make minor technical corrections to subclause 305.321(3), paragraph 305.331(2)(b) and subclause 305.334(1), respectively, of the Migration (1993) Regulations.
Subregulations 30.99, 30.100 and 30.101 amend subclause 305.334(2), clause 417.335 and subparagraph 421.321(4)(c)(ii), respectively, of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.102, 30.103 and 30.104 amend subparagraph 421.321(4)(c)(iv), and subclauses 421.822(1) and 421.822(2), respectively, of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.105 and 30.106 make minor technical corrections to clauses 424.322 and 424.725, respectively, of the Migration (1993) Regulations.
Subregulation 30.107 amends clauses 426.341, 426.441 and 426.741 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.108 amends clauses 427.341, 427.441 and 427.741 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.109 amends a number of subparagraphs of the Migration (1993) Regulations to correct unintended consequences and bring their provisions into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.110 amends subclause 442.421(2) of the Migration (1993) Regulations to correct unintended consequences and to bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.111 amends a number of paragraphs of the Migration (1993) Regulations to correct unintended consequences and bring their provisions into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.112 amends the Migration (1993) Regulations, by inserting a new clause 442.732. This amendment corrects unintended consequences and brings the Migration (1993) Regulations into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.113 amends the heading of Part 560 of Schedule 2 of the Migration (1993) Regulations.
Subregulations 30.114 and 30.115 amend clauses 560.321 and 560.334 of the Migration (1993) Regulations respectively. Subregulation 30.114 makes an amendment which is consequential to the insertion of new clause 560.334A by subregulation 30.115. These amendments are necessary to pick up the amendment made to regulation 98B of the Migration (1989) Regulations by Statutory Rule No 433 of 1992. Subregulation 30.115 also provides for new subclause 560.334A(1) to cease to have effect on 30 June 1993.
Subregulation 30.116 amends the heading of Part 661 of Schedule 2 of the Migration (1993) Regulations.
Subregulations 30.117 and 30.118 make minor technical corrections to subdivisions 661.32 and 680.32 respectively of the Migration (1993) Regulations.
Subregulation 30.119 amends clause 680.333 of the Migration (1993) Regulations, to require that applicants for a Class 680 (tourist) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The effect of subregulation 30.119 is to provide that an applicant who is under the age of 18, not travelling with a parent and visiting a non-relative, must be nominated by the non-relative. The nominating non-relative must undertake certain obligations in relation to accommodation, support and general welfare and must, in the reasonable belief of the Minister, be a person who has not been involved in activities indicating contempt, or disregard, for the law or for human rights. The purpose of these requirements is to safeguard the interests of the minor.
Subregulations 30.120 and 30.121 insert new clauses 680.336 and 680.737 into the Migration (1993) Regulations to provide that the Class 680 (tourist) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.122 amends clause 680.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.123 makes a minor technical correction to subdivision 682.32 of the Migration (1993) Regulations.
Subregulation 30.124 amends clause 682.333 of the Migration (1993) Regulations, to require that applicants for a Class 682 (business visitor) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.125 inserts a new clause 682.336 into the Migration (1993) Regulations to provide that the Class 682 (business visitor) visa may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.126 amends clause 682.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.127 makes a minor technical correction to subdivision 683.32 of the Migration (1993) Regulations.
Subregulation 30.128 amends clause 683.333 of the Migration (1993) Regulations, to require that applicants for a Class 683 (close family visitor) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregualtion 30.119.
Subregulations 30.129 and 30.130 insert new clauses 683.336 and 683.737 into the Migration (1993) Regulations to provide that the Class 683 (close family visitor) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.131 amends clause 683.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.132 makes a minor technical correction to subdivision 684.32 of the Migration (1993) Regulations.
Subregulation 30.133 amends clause 684.333 of the Migration (1993) Regulations, to require that applicants for a Class 684 (visitor (other)) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.134 and 30.135 insert new clauses 684.336 and 684.735 into the Migration (1993) Regulations to provide that the Class 684 (visitor (other)) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.136 amends clause 684.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.137 makes a minor technical correction to subdivision 685.32 of the Migration (1993) Regulations.
Subregulation 30.138 amends clause 685.811 of the (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.139 amends the heading of Part 670 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.140 amends subdivision 670.32 note to insert the word visa. The amendment is technical only.
Subregulation 30.141 amends clause 670.333 of the Migration (1993) Regulations, to require that applicants for a Class 670 (tourist (short stay)) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.142 and 29.143 insert new clauses 670.336 and 670.736 into the Migration (1993) Regulations to provide that the Class 670 (tourist (short stay)) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.144 amends clause 670.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.145 makes a minor technical correction to subdivision 672.32 of the Migration (1993) Regulations.
Subregulation 30.146 amends clause 672.333 of the Migration (1993) Regulations, to require that applicants for a Class 672 (business visitor (short stay)) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.147 and 30.148 insert new clauses 6712.336 and 672.736 into the Migration (1993) Regulations to provide that the Class 672 (business visitor (short stay)) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.149 amends clause 672.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.150 makes a minor technical correction to subdivision 673.32 of the Migration (1993) Regulations.
Subregulation 30.151 amends clause 673.322 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.152 amends clause 673,333 of the Migration (1993) Regulations, to require that applicants for a Class 673 (close family visitor (short stay)) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.153 and 30.154 insert new clauses 673.336 and 673.735 into the Migration (1993) Regulations to provide that the Class 673 (close family visitor (short stay)) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulation 30.155 amends clause 673.811 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.'
Subregulation 30.156 amends clause 674.333 of the Migration (1993) Regulations, to require that applicants for a Class 674 (visitor (other) (short stay)) visa must satisfy the public interest criteria of the new item 4012, inserted in Schedule 4 of the Migration (1993) Regulations by these regulations. The criteria are explained in the notes on subregulation 30.119.
Subregulations 30.157 and 30.158 insert new clauses 674.336 and 674.736 into the Migration (1993) Regulations to provide that the Class 674 (visitor (other) (short stay)) visa and entry permit, respectively, may not be granted to an applicant who is a child unless the Minister is satisfied that the grant would not be prejudicial to the rights or interests of any other person having custody or guardianship of, or access to the child.
Subregulations 30.159 and 30.160 amend clauses 674.811 and 675.811 respectively of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.161 amends the heading of Part 820 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.162 amends subclause 820.732(2) of the Migration (1993) Regulations so that the exemption given by the existing subclause 820.732(2) is extended to the dependent children of the applicants concerned.
Subregulation 30.163 makes a minor technical correction to paragraph 826.221(b) of the Migration (1993) Regulations.
Subregulation 30.164 inserts new division 826.5 into the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 30.165 to 30.170 inclusive make minor technical corrections to a number of provisions of the Migration (1993) Regulations.
Subregulation 30.171 amends the heading of Part 435 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.172 amends clauses 435.521 and 435.723 of the Migration (1993) Regulations to pick up the amendment made to regulation 119G of the Migration (1989) Regulations by Statutory Rules No. 346 of 1992.
Subregulation 30.173 amends subclause 437.322(2) of the Migration (1993) Regulations to pick up the amendment made to regulation 107B of the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Subregulation 30.174 amends paragraph 437.721(3)(c) of the Migration (1993) Regulations to pick up the amendment made to regulation 107B of the Migration (1989) Regulations by Statutory Rules No. 392 of 1992. '
Subregulation 30.175 amends clause 437.723 of the Migration (1993) Regulations to pick up the amendment made to regulation 107B of the Migration (1989) Regulations by Statutory Rules No. 392 of 1992.
Subregulation 29.175 amends clauses 443.521 and 443.723 of the Migration (1993) Regulations to extend the operation the Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) entry permit to 30 June 1993. [This subregulation is out of sequence in the current print.]
Subregulation 30.176 amends clause 784.131 of the Migration (1993) Regulations to clarify the definition of "relevant date" to ensure that it aligns with the Migration (1989) Regulations.
Subregulation 30.177 amends subclause 784.311(2) of the Migration (1993) Regulations following the insertion of regulation 2A.5 by these regulations. New regulation 2A.5 deals with applications for refugee status.
Subregulation 30.178 amends paragraph 784.321(3)(b) of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.179 amends paragraph 784.511(b) of the Migration (1993) Regulations following the insertion of regulation 2A.5 by these regulations. New regulation 2A.5 deals with applications for refugee status.
Subregulation 30.180 inserts a new clause 784.735 in the Migration (1993) Regulations to require that an applicant for a Class 784 (domestic protection (temporary)) entry permit must be in Australia when the decision is made.
Subregulation 30.181 amends schedule 2 of the Migration (1993) Regulations to incorporate new visa class 827 introduced by Statutory Rules No. 392 of 1992.
Subregulation 30.182 amends the heading of Part 159 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.183 amends subdivision 300.22 of the Migration (1993) Regulations to make provision in the Regulations for the period for which a prospective marriage visa may be granted. Previously, this period was discretionary.
Subregulations 30.184 and 30.185 amend subparagraph 300.337(a)(ii) and clause 300.432 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.186 amends clause 300.441 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.187 amends subdivision 300.52 of the Migration (1993) Regulations to make provision in the Regulations for the period for which a prospective marriage entry permit may be granted. Previously, this period was discretionary.
Subregulation 30.188 makes a minor technical correction to clause 300.721 of the Migration (1993) Regulations.
Subregulation 30.189 makes a minor technical correction to clause 300.722 of the Migration (1993) Regulations.
Subregulation 30.190 inserts a new clause 300.724 in the Migration (1993) Regulations to require that an applicant for a Class 300 entry permit after entry must not previously have been granted an entry permit of that class.
Subregulation 30.191 amends subdivision 300.82 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.192 makes a minor technical correction to the heading of part 301 of the Migration (1993) Regulations.
Subregulation 30.193 makes a minor technical correction to clause 301.12 (note) of the Migration (1993) Regulations.
Subregulation 30.194 amends the heading of Part 771 of Schedule 2 of the Migration (1993) Regulations.
Subregulation 30.195 amends clause 771.341 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.196 makes minor technical corrections to clauses 771.321 and 771.322 of the Migration (1993) Regulations.
Subregulation 30.197 amends paragraphs 773.323(f), (g) and (h) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.198 amends clause 828.441 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.199 and 30.200 amend clauses 828.721 and 828.741 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 30.201 makes a minor technical correction to clause 829.131 of the Migration (1993) Regulations.
Subregulation 30.202 makes a minor technical correction to division 829.7 of the Migration (1993) Regulations.
Subregulation 30.203 omits clause 829.711 which is not required in the Migration (1993) Regulations. No policy change is involved.
Subregulations 30.204 and 30.205 make minor technical corrections to subdivision 829.71 (note) of the Migration (1993) Regulations.
Subregulation 30.206 omits clause 829.712 which is not required in the Migration (1993) Regulations. No policy change is involved.
Subregulations 30.207 and 30.208 make minor technical corrections to paragraphs 829.731(2)(a) and (3)(a), and 829.731(3)(b) respectively, of the Migration (1993) Regulations.
Subregulations 30.209 and 30.210 omit paragraph 829.731(3)(c) and clause 829.732, respectively, which are not required in the Migration (1993) Regulations. No policy change is involved.
Subregulation 30.211 amends clause 829.733 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 31 - Schedule 3 (Provisions with Respect to the grant of Individual Classes of Visas and Entry Permits to Secondary Persons)
Subregulation 31.1 makes a minor technical correction to clause 021.332 of the Migration (1993) Regulations.
Subregulation 31.2 amends clause 021.337 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 31.3 omits clause 021.338 which is not required in the Migration (1993) Regulations.
Subregulation 31.4 makes a minor technical correction to paragraph 021.341(b) of the Migration (1993) Regulations.
Subregulations 31.5 and 31.6 amend clause 021.441 and paragraph 021.733(a) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are M policy changes involved.
Subregulation 31.7 makes a minor technical correction to clause 021.336 (second occurring) of the Migration (1993) Regulations.
Subregulation 31.8 omits clause 021.738. This does not reflect a change in policy.
Subregulation 31.9 amends clause 012.741 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulations 31.10 to 31.13 amend clauses 022.323, 022.336 and 022.723 of the Migration (1993) Regulations to pick up the amendment made to regulation 98B of the Migration (1989) Regulations by Statutory Rule 433 of 1992.
Subregulation 31.14 omits Part 025 of the Migration (1993) Regulations. This part is no longer required in the Regulations.
Subregulation 31.15 amends subdivision 027.22 of the Migration (1993) Regulations to make provision in the Regulations for the period for which a provisional visa for a secondary person may be granted. Previously, this period was discretionary.
Subregulation 31.16 inserts new clause 027.321 of the Migration (1993) Regulations to correct unintended consequences and bring the provision into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 31.17 amends subdivision 027.33 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 31.18 amends clause 027.432 of the Migration (1993) Regulations to correct unintended consequences and bring it into line with the Migration (1989) Regulations. There are no policy changes involved. .
Subregulations 31.19 and 31.20 amend paragraphs 027.441(a), (b) and (c) and 027.741(a) of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 32 - Schedule 4 (Public interest criteria)
Subregulations 32.1 to 32.3 make minor technical corrections to item 4001 of Schedule 4 of the Migration (1993) Regulations.
Subregulation 32.4 inserts a new item 4012 in Schedule 4 of the Migration (1993) Regulations which is prescribed for certain classes of group 2.3 (visitor) and group 2.4 (visitor (short stay)) visas. The criteria to be met under item 4012 are explained in the notes on subregulation 30.119.
Regulation 33 - Schedule 5 (Special re-entry criteria)
Subregulation 33.1 makes a minor technical correction to subparagraph 5009(c)(i) of the Migration (1993) Regulations.
Regulation 34 Schedule 8 (Business skills points test - attributes and points)
Subregulations 34.1 to 34.4 make amendments to items 8104 to 8110 of Schedule 8 of the Migration (1993) Regulations, consequential to the introduction of the new Class 129 (State/Territory sponsored business skills) and Class 130 (State/Territory sponsored business skills (senior executive)) visas and entry permits, by these regulations.
Subregulation 34.5 adds a new Part 5 - Sponsorship, and a new item 8501 in Schedule 8 of the Migration (1993) Regulations. This item is prescribed in relation to the new Class 129 (State/Territory sponsored business skills) and Class 130 (State/Territory sponsored business skills (senior executive)) visas and entry permits, by these regulations.
Regulation 35 - Schedule 9 (Visa and Entry Permit Condition)
Subregulation 35.1 makes a minor technical correction to the heading (note, clause 2) of Schedule 9 of the Migration (1993) Regulations.
Subregulation 35.2 makes a minor technical correction to clause 9110 of the Migration (1993) Regulations.
Subregulation 35.3 amends clauses 9207 and 9208 of Schedule 9 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Subregulation 35.4 makes a minor technical correction to clause 9211 of Schedule 9 of the Migration (1993) Regulations.
Subregulation 35.5 amends clauses 9229 and 9230 of the Migration (1993) Regulations to correct unintended consequences and bring them into line with the Migration (1989) Regulations. There are no policy changes involved.
Regulation 36 - Schedule 12 (Repealed Statutory Rules)
This regulation amends Schedule 12 of the Migration (1993) Regulations to add to the Statutory Rules which are repealed by regulation 8.1 of the Migration (1993) Regulations, those Statutory Rules which were made since the Migration (1993) Regulations were made. These are Statutory Rules Nos 346, 392, 433 and 451 of 1992.