ATTACHMENT A

 

 

AUTHORISING PROVISIONS

 

Subsection 504(1) of the Migration Act 1958 (the Act) relevantly provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

In addition, the following provisions may apply:

 

*         Subsection 29(3) of the Act, which relevantly provides that a visa to travel to, enter and remain in Australia may be one to:

 

o   travel to and enter Australia during a prescribed or specified period; and

o   if, and only if, the holder travels to and enters during that period:

 

§  remain in Australia during a prescribed or specified period or indefinitely; and

§  if the holder leaves Australia during a prescribed or specified period, travel to and re-enter Australia during a prescribed or specified period;

 

*         subsection 31(1), which provides that there are to be prescribed classes of visas;

 

*         subsection 31(3), which provides that the regulations may prescribe criteria for a visa or visas of a specified class;

 

*         subsection 31(4), which provides that the regulations may prescribe whether visas of a class are visas to travel to and enter Australia, or to remain in Australia, or both;

 

*         subsection 31(5), which provides that a visa is a visa of a particular class if this Act or the regulations specify that it is a visa of that class;

 

*         subsection 40(1) of the Act, which provides that the regulations may provide that visas or visas of a specified class may only be granted in specified circumstances;

 

*         subsection 41(1), which provides that the regulations may provide that visas, or visas of a specified class, are subject to specified conditions;

 

*         subsection 41(3), which provides that in addition to any conditions specified under subsection 41(1), the Minister may specify that a visa is subject to such conditions as are permitted by the regulations for the purposes of this subsection;

 

 

*         Section 45A of the Act, which provides that a non-citizen who makes an application for a visa is liable to pay a visa application charge if, assuming the charge were paid, the application will be a valid visa application;

 

*         Subsection 45B(1) of the Act, which provides that the amount of the visa application charge is the amount, not exceeding the visa application charge limit, prescribed in relation to the application.  The visa application charge limit is determined under the Migration (Visa Application) Charge Act 1997;

 

*         Section 45C of the Act, which deals with regulations about the visa application charge.  In particular:

 

o   subsection 45C(1) of the Act, which provides that regulations may provide that the visa application charge may be payable in instalments, and specify how those instalments are to be calculated and when instalments are payable; and

o   paragraph 45C(2)(a) of the Act, which relevantly provides that the regulations may make provision for and in relation to various matters, including the recovery of the visa application charge in relation to visa applications and the way, including the currency, in which visa application charge is to be paid;

 

*         Subsection 46(2)(a), which provides that, subject to subsection 46(2A), an application for a visa is valid if it is an application for a visa of a class prescribed for the purposes of this subsection;

 

*         Subsection 46(2)(b), which provides that, subject to subsection 46(2A), an application for a visa is valid if under the regulations, the application is taken to have been validly made;

 

*         Section 73 of the Act, which provides that, if the Minister is satisfied that an eligible non-citizen satisfies the criteria for a bridging visa as prescribed under subsection 31(3), the Minister may grant a bridging visa permitting the non-citizen to remain in, or to travel to, enter and remain in Australia, during a specified period or until a specified event happens;

 

*         Subsection 82(7A) of the Act, which provides that a bridging visa permitting the holder to remain in, or travel to, enter and remain in, Australia until a specified event happens, ceases to be in effect the moment the event happens;

 

Paragraph 116(1)(g) of the Act, which provides that the Minister may cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder;

 

*         Subsection 140H(1) of the Act, which provides that a person who is or was an approved sponsor must satisfy the sponsorship obligations prescribed by the regulations;

 

*         Subsection 223(14) of the Act, which provides that the Secretary may issue to an officer a search warrant in accordance with the prescribed form;

 

*         Subsection 251(4) of the Act, which provides that the Secretary may issue to an officer a search warrant in accordance with the prescribed form;

 

*         Subsection 274(3) which provides that a document for the purpose of that section, dealing with identity documents for unlawful non-citizens who are deportees or removes, or who have been refused immigration clearance, shall be in the prescribed form;

 

*         Paragraph 504(1)(g) of the Act, which provides that the Governor-General may make regulations requiring assurances of support to be given, in such circumstances as are prescribed or as the Minister thinks fit, in relation to persons seeking to enter, or remain in, Australia and providing for the enforcement of assurances of support and the imposition on persons who give assurances of support of liabilities in respect of the maintenance of, and other expenditure in connexion with, the persons in respect of whom the assurances of support are given.

 

The following provisions of the Migration (Visa Application) Charge Act 1997 may also apply:

*           Section 4, which provides that a visa application charge payable under section 45A of the Act is payable; and

 

*           Section 5, which provides for the visa application charge limit and for its method of calculation in later financial years.

 

 

 

 

ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

*         Part 1 - Repeal of redundant provisions

*         Part 2 - Amendments of references to Gazette Notices

*         Part 3 - Amendments in relation to references to Ministers and Department names

*         Part 4 - Amendments relating to repeal of Emergency (Temporary)(Class TI) visa

*         Part 7 - Other amendments

 

Overview of Parts 1, 2, 3, 4 and 7 of the Legislative Instrument

 

These Parts of the Regulation amend the Principal Regulations to progress the Government's simplification and deregulation initiative by repealing a number of redundant or rarely used visa categories, repealing redundant provisions and references, reducing the regulatory burden in student visa requirements and correcting technical and editorial errors in the Principal Regulations.  In particular, the amendments:

*         repeal two temporary Resolution of Status visa categories as these were closed to new applications in 1998 and there are no outstanding applications;

• repeal two permanent Designated Parent visa categories as these were closed to new applications in 2000 and there are no outstanding applications;
• repeal the temporary Kosovar Safe Haven visa subclass as it was a short-term visa designed specifically to provide temporary safe haven to people displaced from Kosovo in 1999;
• repeal two Emergency visa categories that are rarely used and where other visa avenues, such as visitor or temporary entry visas, are being used in their place;
• repeal references to 'entry permits' which ceased to exist on 1 September 1994 and where there are no longer operative transitional arrangements that require these references;
• repeal provisions that relate to the major legislative reforms that occurred in 1989 and 1994 and which are now redundant due to the passage of time;
• repeal references to 'Gazette Notice' in line with new requirements in the Legislative Instruments Act 2003 that legislative instruments are published on the Federal Register of Legislative Instruments rather than gazetted;

*         repeal the student visa criteria that require a student to have complied with past visa conditions (such as course attendance) in order for a further student visa to be granted.  This allows grant of further visas where there were exceptional circumstances (such as illness, bereavement or upheaval in the person's home country) leading to the breach of conditions.  Where there are no exceptional circumstances further student visas may still be refused under the 'genuine temporary entrant' or 'genuine student' requirements;

• implement recommendations 1, 3 and 4 of the Review of the Student Visa Assessment Level Framework 2013.  Recommendation 1 suggests selected low immigration risk education providers be invited to participate in streamlined visa processing arrangements similar to those currently available to universities.  Recommendation 3 suggests the simplification of assessment levels accorded to applicants based on both the immigration risk accorded to their passport and their chosen student visa subclass.  These five assessment levels are reduced to three. Recommendation 4 suggests that the requirement that applicants subject to assessment level 3 provide evidence of 18 months' worth of funds be reduced to evidence of 12 months' worth of funds (with the condition that those funds be provided by a close relative of the applicant);
• correct technical errors in previous amendments to visa application charges for Contributory Parent and Contributory Aged Parent visas which mean that an intended rise in visa application charge has not taken effect. In September last year all visa application charges were increased by approximately 15 per cent, however due to technical errors the increase did not take effect for these visas;
• repeal a range of other redundant provisions and references; and
• correct technical and editorial errors.

 

Human rights implications

 

The amendments in Parts 1, 2, 3, 4 and 7 do not engage any of the applicable rights or freedoms.

 

Conclusion

The amendments in Parts 1, 2, 3, 4 and 7 are compatible with human rights as it does not raise any human rights issues.

 

*         Part 5 - Amendments relating to assessment levels and related measures

 

Overview of Part 5 of the Legislative Instrument

 

On 29 October 2013, the Australian Government announced that it proposed to simplify the Student visa Assessment Level (AL) Framework from early 2014 following the public release of the department's 'Review of the Student Visa Assessment Level Framework 2013'.

 

The AL Framework manages risk within the Student visa programme by aligning visa evidentiary requirements to immigration risk.  Immigration risk factors include Student application refusal rates (for the provision of fraudulent documents and reasons other than fraud), Student visa cancellation rates and the rate of former Student visa holders who become unlawful.  Every country, across every education sector, is assigned an AL.

 

ALs determine the level of evidentiary requirements that an applicant must provide to be granted a Student visa.  In general, the higher the AL the greater the evidentiary requirements (which includes financial capacity, English language skill and academic background) an applicant must meet in order to be granted a visa.  ALs currently range from AL1 to AL5.  AL5 has never been used.  AL1 represents the lowest immigration risk and AL5 represents the highest immigration risk.

 

Simplification of the AL Framework will facilitate the competitiveness of Australia's international education sector by reducing red tape while maintaining the integrity of the Student visa programme.

 

This policy objective will be implemented through amendments to the Migration Regulations 1994 (the Principal Regulations) to simplify the AL Framework by:

 

*         removing AL4 and AL5 from the Framework (with current AL4 countries and education sectors benefiting from a reduction to AL3); and

*         reducing the financial requirements for AL3 applicants from 18 months to 12 months evidence of funds, with funds to be provided by the applicant or a close relative of the applicant (reduction by a 6 month period for current AL3 countries and a reduction of 12 months for former AL4 countries in relation to evidence of financial capacity to cover course and living costs).

 

Human rights implications

 

Prospective international students can apply for a Student visa overseas or within Australia.  Generally, Australia owes human rights obligations only to those persons within its territory and/or jurisdiction.  As such, the following analysis of the human rights implications of the amendments relate only to applicants applying for the relevant visas whilst in Australia.

 

Article 26 of the International Covenant on Civil and Political Rights - Protection against discrimination on grounds of nationality.  Article 26 of the International Covenant on Civil and Political Rights (ICCPR) provides that:

 

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.  In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any grounds such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

However, not every treatment that differs among individuals or groups on any of the grounds mentioned in Article 26 will amount to prohibited discrimination.  The UN Human Rights Committee has recognised that "not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant".

 

The AL Framework assigns risk upfront across all Student visa subclasses and provides a transparent indication of the main requirements to obtain a Student visa to study in Australia and the level of evidence required when lodging a Student visa application.

 

The AL Framework is structured on clear, objective and evidence-based criteria, including statistical analysis of refusal, cancellation and non-compliance rates.  In reviewing AL settings, information from the department's service delivery network (overseas posts and visa processing offices) and other key stakeholder feedback (peak education bodies and relevant government agencies) is considered.  Changes to ALs can only be approved by the Minister.  ALs are periodically reviewed to ensure AL settings are responding appropriately to immigration risk in the Student visa programme in order to avoid arbitrary restrictions.  The capacity to review AL settings is a key integrity mechanism to allow flexibility in the current arrangements.

 

International Students are also provided with an alternative application process outside of the AL Framework through streamlined visa processing (SVP) arrangements introduced for participating universities from March 2012.  This model assesses SVP eligible students as low immigration risk (similar to AL1) irrespective of their nationality.

 

The requirement for the AL Framework is a key immigration risk management tool to ensure students are accessing a Student visa for study and not for work or other purposes.  It maintains the integrity of Australia's Student visa programme and prevents potential abuse from non-genuine international students.  This maintains Australia's reputation as a destination of choice for international study and ensures Australia remains competitive in the international education market.

 

The reduction of the AL Framework from five to three ALs will be more beneficial to prospective Student visa applicants, attract increased numbers of genuine students to Australia and increase the competitiveness of Australia's international education sector.

 

Therefore, although premised on differential treatment, this treatment does not amount to prohibited discrimination as it is based on reasonable and objective criteria and the legitimate aim of preventing exploitation of visa applicants and preserving the integrity of Australia's education sector.

 

The recognition of the right to education - Article 13 of the International Covenant on Economic, Social and Cultural Rights

 

Article 13(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) states that:

 

The States Parties to the present Covenant recognise the right of everyone to education ...

 

In relation to tertiary education in particular, Article 13(2)(c) of the ICESCR states that:

 

Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, in particular by the progressive introduction of free education.

 

It is noted that Article 4 of ICESCR allows for limitations to the rights contained therein on the following basis:

 

The States Parties to the present Covenant recognise that, in the enjoyment of these rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

 

Limitations imposed by the AL framework on non-citizens pursuing study in Australia are lawful by virtue of their prescription in the Regulations. Further, the AL framework supports the purpose of promoting the general welfare in a democratic society because they assist in ensuring that international students have sufficient funds to contribute towards their expenses, which ensures they are not vulnerable to exploitation or become an immigration risk.  An international student in financial difficulty may impact on other bodies such as welfare agencies, embassies, police and health providers.  It may also damage the reputation of the education sector.

 

In the absence of an integrity mechanism based on immigration risk, Australia's educational institutions may be targeted by non-genuine international students applying for a Student visa primarily for work or other purposes and not for study.

 

Increased numbers of non-genuine international students will place additional strain on education providers and support services in ensuring the well-being of international students and may impact on the reputation of Australia as a destination of choice for high quality international education.

 

The simplification of the AL Framework and the reduction in financial requirements for AL3 Student visa applicants also represents a benefit to all education sectors, in particular the Vocational Education and Training sector.  This is particularly so as students from key markets, such as India and China, will be able to apply for a Student visa without having to meet the current high financial requirements. The reduction will bring the financial evidence requirement for an Australian Student visa closely in line with key competitor countries and enable education providers to compete internationally based on the quality of their education.

 

Conclusion

 

The amendments in Part 5 represent a transition to a less restrictive approach to ongoing study in Australia.

 

Simplifying the Student visa application process for international students, to the extent that they may provide differential processing arrangements based on nationality, is reasonable, necessary and proportionate for the reasons outlined above and is therefore consistent with Article 26 of the ICCPR.

 

To the extent that the AL Framework may be seen to limit the recognition of the right to education articulated in Article 13 of ICESCR, such limitation is lawful and for the purpose of promoting the general welfare of international students in Australia and is therefore permissible pursuant to Article 4 of ICESCR.

 

*         Part 6 - Amendments relating to substantial compliance

 

Overview of Part 6 of the Legislative Instrument.

 

These amendments to the Principal Regulations allow Student visa holders who have breached a visa condition to be granted a subsequent Student visa onshore, where exceptional circumstances apply. 

 

A criterion applicable to each Student visa subclass requires that, where the application is made in Australia, the applicant has complied substantially with the conditions of their previous visa (substantial compliance).

 

The original policy intention of this criterion was that the term "has complied substantially" would indicate general overall compliance with the conditions of a visa, and that instances of minor non-compliance would not automatically translate to not satisfying the above criterion.

 

Due to recent case law, it is no longer possible to distinguish between "substantial" and "strict" compliance.  Student visa holders who make an onshore application for a subsequent Student visa are not able to satisfy the "substantial compliance" criterion if they have been found to have breached a condition of their previous visa, relating to class attendance and academic progress, irrespective of any exceptional circumstances that led to that breach.

 

The amendment repeals the "substantial compliance" criterion for Student visas, but does not compromise the integrity of the Student Visa Programme as other provisions within Schedule 2 also direct a delegate to consider the compliance history of a visa applicant, and consider any circumstances that led to such a breach.

 

The change provides greater fairness to students (and their guardians) wishing to continue to study in Australia, but who unintentionally breach a condition of their visa.  It also enhances the ability of the department to provide an alternative pathway to cancellation, where appropriate, by allowing students who are generally compliant to be granted a new visa suitable to their new circumstances.  The change also simplifies Student visa regulations, by reducing the number of visa criteria in which the compliance history of the applicant is a material consideration.

 

Human rights implications

 

The amendments in Part 6 do not engage any of the applicable rights or freedoms.

 

Conclusion

 

The amendments in Part 6 are compatible with human rights and do not raise any human rights issues.

 

*         Part 7 of the Legislative Instrument - Amendments made by items 193-204

 

Overview of items 193-204 of Part 7 of the Legislative Instrument

 

These amendments reset the 'Visa Application Charge' (VAC) for the Contributory Parent (Migrant) (Class CA) and the Contributory Aged Parent (Residence) (Class DG) to the limit prescribed by the Migration (Visa Application) Charge Act 1997 (VAC Act).

 

The purpose of these changes is to correct amendments to the Principal Regulations introduced on 1 September 2013 that inadvertently resulted in charges for the visa classes outlined above exceeding their legally prescribed limits.  On 1 September 2013, the VAC for all visas was increased by approximately 15%, however due to a technical error the VAC increases for the Contributory Parent and Contributory Aged Parent visas were not effectively implemented.

 

The VAC Act prescribes the limit on the amount the Government can charge applicants for the Contributory Parent visa classes, which for the 2013-2014 programme year is currently $47,120.00.  The 1 September 2013 amendments raised the VAC to $50,920.00 for Class CA visas ($3,800.00 in excess of the limit) and $52,070.00 for Class DG visas ($4,950.00 in excess of the limit).  Until such time as the Principal Regulations are amended, the department continues to charge the pre-1 September 2013 VAC amounts for these two classes.

 

These amendments amend the Principal Regulations to prescribe the VAC for Contributory Parent visa classes to the limit prescribed under the VAC Act.

 

In addition, these amendments also amend Schedule 1 to the Principal Regulations to correct references made under sub-subparagraphs in item 1130(2)(a)(vi) and item 1130A(2)(a)(vi).  These sub-subparagraphs prescribe the first instalment of the VAC to be paid by the majority of applicants for the visa classes outlined above.  The amendments introduced as part of the 1 September 2013 amendments - erroneously referenced these two sub-subparagraphs as sub-subparagraphs 1130(2)(a)(vi)(B) and 1130A(2)(a)(vi)(B) rather than sub-subparagraphs 1130(2)(a)(vi) and 1130A(2)(a)(vi).  These amendments will amend the Principal Regulations to remove the reference to the non-existent sub-subparagraphs (B).

 

Human rights implications

 

The department has considered the amendments against the seven key international human rights treaties.  As the amendments are merely technical in nature, these amendments do not engage any of the applicable rights or freedoms contained therein.

 

Conclusion

 

The amendments in items 193-204 of Part 7 are compatible with human rights insofar as the rights articulated in the seven core human rights treaties are not engaged.

 

 

The Hon. Scott Morrison, Minister for Immigration and Border Protection

ATTACHMENT C

 

 

Details of the Migration Amendment (Redundant and Other Provisions) Regulation 2014

 

Section 1 - Name of Regulation

 

This section provides that the title of the Regulation is the Migration Amendment (Redundant and Other Provisions) Regulation 2014 (the Regulation).

 

Section 2 - Commencement

 

This section provides for the Regulation to commence on 22 March 2014.  It provides that if the Migration Amendment (2014 Measures No.1) Regulation 2014 also commences on 22 March, then this Regulation commences immediately after that one.

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Migration Act 1958 (the Act).

 

The purpose of this section is to set out the Act under which the Regulation is made.

 

Section 4 - Schedule(s)

 

This section provides that each instrument that is specified in a Schedule to the  Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulation has effect according to its terms.

 

The purpose of this section is to provide for how the amendments in the Regulation operate.

 

Schedule 1 - Amendments

Part 1 - repeal of redundant provisions

Migration Regulations 1994

Item [1] - Regulation 1.03

This item repeals 12 definitions from regulation 1.03 in Part 1 of the Principal Regulations.  All of these definitions are redundant as the relevant terms are no longer used anywhere in the Principal Regulations.  Details of the repealed definitions are:

• paragraphs (a), (b), (c) and (d) repeal the definitions of category A course, category A course student, category B course  and  category B course student, respectively.  These definitions operated only in respect of certain student visas granted before 1 September 1994, and were relevant only to Subclass 855 (Labour Agreement), Subclass 856 (Employer Nomination Scheme), and Subclass 857 (Regional Sponsored Migration Scheme).  Those subclasses were repealed on 1 July 2013, and the definitions are no longer required;
• paragraph (e) repeals the definition of formal course.  This definition only operates in relation to visas and entry permits granted before 1 February 1991, and is relevant only Subclass 855 (Labour Agreement), Subclass 856 (Employer Nomination Scheme), and Subclass 857 (Regional Sponsored Migration Scheme).  Those subclasses were repealed on 1 July 2013, and the definitions are no longer required;
• paragraph (f) repeals the definition of Gazette Notice.  The term "Gazette Notice" is no longer used in the Principal Regulations, following the repeal of regulation 1.17 by item [2] of this Schedule, below, and the amendments made by Part 3 of this Schedule, below;

 

*         paragraph (g) repeals the definition of Industry Minister.  The term "Industry Minister" is no longer used in the Principal Regulations following the repeal of regulation 1.16A (Regional headquarters agreements) on 1 July 2013 in conjunction with the repeal of Subclass 855 (Labour Agreement) on the same date. As such, the definition is no longer required;

 

*         paragraph (h) repeals the definition of labour market requirements.  The term 'labour market requirements' was last used in the Subclass 422 (Medical Practitioner) visa which was repealed on 24 November 2012. As such, the definition is no longer required;

• paragraph (i) repeals the definition of non-formal course.  The definition of "non-formal course student' only operated in relation to visas and entry permits granted prior to 1 February 1991, and the and the term is no longer used in the Principal Regulations. As such, the definition is no longer required;
• paragraph (j) repeals the definition of non-formal course student.  The definition only operated in relation to visas and entry permits granted prior to 1 February 1991, and the term is no longer used in the Principal Regulations. As such, the definition is no longer required; 

 

*         paragraph (k) repeals the definition of  temporary entry permit.  The term "temporary entry permit" is used only in Public Interest Criterion 4013 of Schedule 4 to the Principal Regulations.  The references there are now redundant as temporary entry permits have been replaced by visas, and omitted by the amendments in Part 4 of this Schedule, below;

 

*         paragraph (l) repeals the definition of trainee.  The term "trainee" operates only in relation to visas and entry permits granted before 1 February 1991. The term is not currently used in the Principal Regulations and, as such, the definition is no longer required.

 

Item [2] - Amendments of listed provisions - repeals

This item repeals three visa classes, five visa subclasses and approximately seventy provisions that have been confirmed as redundant provisions.

In particular:

This item repeals the Designated Parent (Migrant)(Class BY) class and the corresponding Subclass 118 (Designated Parent).  This visa was closed to new applications in April 2000 and there are no outstanding applications. 

This item repeals the Designated Parent (Residence)(Class BZ) class and the corresponding Subclass 859 (Designated Parent).  This visa was closed to new applications in April 2000 and there are no outstanding applications

This item repeals the Resolution of Status (Temporary)(Class UH) class and the corresponding Subclass 450 (Resolution of Status - Family Member (Temporary)) and Subclass 850 (Resolution of Status (Temporary)).  These visas were closed to new applications in June 1998 and there are no outstanding applications.

This item repeals the Subclass 448 (Kosovar Safe Haven (Temporary) visa. This was a short term visa designed specifically to provide temporary safe haven to people displaced from Kosovo in 1999 and no longer serves any purpose.

This item also repeals approximately seventy redundant provisions from the Principal Regulations.  The types of provisions that have been confirmed as redundant and are repealed by this Regulation include:

-          References to 'entry permits' which ceased to exist on 1 September 1994 and where there are no longer operative transitional arrangements that require these references;

-          Provisions that relate to the major legislative reforms that occurred in 1989 and 1994 and which are now redundant due to the passage of time;

-          Provisions that refer to visas that have previously been repealed and there is no longer any purpose served by the reference, for example, the Refugee and Humanitarian (Migrant) (Class BA) visa was repealed on 27 September 2001. These amendments repeal references to this (and other repealed) visas that occur throughout the Principal Regulations where the reference no longer serves any purpose; and

-          Provisions that refer to a specified date period which has passed, meaning that the provision no longer has any application. For example, subregulation 1.20J(4) provides that regulation 1.20J does not apply to certain visa applications made before 1 November 1996.  There are no unfinalised visa applications from this period, therefore the provision is now redundant.

 

 

 

Part 2 - Amendments of references to Gazette Notice

Migration Regulations 1994

Items [3] - [66]

These items amend 104 provisions in the Principal Regulations which require certain matters to be specified by the Minister in a legislative instrument.  In all instances, the amendments omits references to specification in a "Gazette Notice" or by gazettal, and substitute references to specification in a "legislative instrument made by the Minister".

Until 1 January 2005, all legislative instruments made by the Minister under the Principal Regulations were required to be published as a Gazette Notice.  Under provisions of the Legislative Instruments Act 2003 ('the Legislative Instruments Act') which commenced on 1 January 2005, all legislative instruments are required to be published on the Federal Register of Legislative Instruments ('the FRLI').  Section 56 of the Legislative Instruments Act provides that where legislation made before 1 January 2005 required an instrument to be published in the Gazette, on and after 1 January 2005 that requirement is satisfied when the instrument is registered on the FRLI.

As a result of the provisions of the Legislative Instruments Act, since 1 January 2005 no legislative instruments made the Minister under the Principal Regulations have been required to be published in the Gazette.  However, these 104 provisions, all of which were made before 1 January 2005, continued to refer to a "Gazette Notice".  The amendments remove those references and substitute references to legislative instruments made by the Minister.  These legislative instruments are registered on the FRLI but are not required to be published in the Gazette.           

Part 3 - Amendments in relation to references to Department names

Migration Regulations 1994

Item [67] - Regulation 1.03 (definition of Education)

This item omits the words "of Education, Science and Training" from the definition of "Education" in regulation 1.03 of Part 1 of the Principal Regulations, and substitute the words "administered by the Education Minister". 

The effect of this amendment is that the term "Education", when used in the Principal Regulations, means the Department currently administered by the "Education Minister", irrespective of the name of that Minister's portfolio from time to time.  For further details of the meaning of the term "Education Minister", please see the following item of this Schedule.   

Item [68] - Regulation 1.03 (definition of Education Minister)

This item omits the words "for Education, Science and Training" from the definition of "Education Minister" in regulation 1.03 in Part 1 of the Principal Regulations, and substitute the words "administering the Australian Education Act 2013".

The effect of this amendment is that the term "Education Minister", when used in the Principal Regulations, means the Minister currently responsible for administering the Australian Education Act 2013, irrespective of the actual name of that Minister's portfolio from time to time. 

Item [69] - Regulation 1.03 (definition of Employment Minister)

This item omits the words "for Employment and Workplace Relations" from the definition of "Employment Minister" in regulation 1.03 in Part 1 of the Principal Regulations, and substitute the words "administering the Fair Entitlements Guarantee Act 2012".

The effect of this amendment is that the term "Employment Minister", when used in the Principal Regulations, means the Minister currently responsible for administering the Fair Entitlements Act 2012, irrespective of the actual name of that Minister's portfolio from time to time. 

Item [70] - Regulation 1.03 (definition of Immigration)

This item omits the words "of Immigration and Multicultural and Indigenous Affairs" from the definition of "Immigration" in regulation 1.03 of Part 1 of the Principal Regulations, and substitutes the words "administered by the Minister administering the Migration Act 1958". 

The effect of this amendment is that the term "Immigration", when used in the Principal Regulations, means the Department currently administered by the Minister administering the Migration Act 1958, irrespective of any changes in the name of that Minister's portfolio from time to time.   

Item [71] - Regulation 1.03

This item inserts a new definition, "Secretary of Social Services", in regulation 1.03 in Part 1 of the Principal Regulations.

For the purposes of the Principal regulations, the term "Secretary of Social Services" is defined to mean the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act 1991 (Social Security Act).   

As there are multiple Ministers that administer the Social Security Act it is necessary to refer to the relevant provision relating to Assurances of Support.

The defined term remains current irrespective of the name of the portfolio of that Minister or any future changes in the name of the portfolio. 

The purpose of the amendment is to update the reference and avoid further amendments each time the portfolio name changes.

Items [72] and [73]  

These items amend subregulation 2.40(12) and item 2 of Part 2 of Schedule 9 to the Principal Regulations to omit "Department of the Environment and Land Management" and substitute "Department of Primary Industries, Parks, Water and Environment". The purpose of this change is to refer to the current name of the Tasmanian Department responsible for visitors to Macquarie Island.

Item [74] - Schedule 10 (Forms 1, 2 and 3)

This item replaces references to the "Department of Immigration and Multicultural Affairs" with references to the "Department of Immigration and Border Protection" in prescribed forms 1 and 2 in Schedule 10 to the Principal Regulations. In prescribed form number 3 in this Schedule a reference to the Secretary of the Department of Immigration and Multicultural Affairs is amended to simply refer to "the Secretary".

The purpose of these amendments is to update the name of the Department following the approval of Administrative Arrangements Orders in September 2013 which resulted in the renaming of the Department.

Item [75] - Amendments of listed provisions - Department of Family and Community Services

This item amends a total of 42 provisions in Schedule 2 to the Principal Regulations, to omit the words "the Department of Family and Community Services" and substitute the words "Social Services".

The effect of the amendments is that the relevant provisions refer to "the Secretary of Social Security" in place of the current references to "the Secretary of the Department of Family and Community Services".  The amendments are facilitated by the insertion of a definition of "Secretary of Social Services" in regulation 1.03 of Part 1 of the Principal Regulations by item [71] of this Schedule, above. "Secretary of Social Services" is defined to mean the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act.  (As there are multiple Ministers that administer the Social Security Act it is necessary to refer to the relevant provision relating to Assurances of Support.)

The defined term remains current irrespective of the name of the portfolio of that Minister or any future changes in the name of the portfolio.

The purpose of the amendment is to update the references and avoid further amendments each time the portfolio name changes.

Part 4 - Amendments relating to repeal of Emergency (Temporary)(Class TI) visa

Item [76] - Item 1209 of Schedule 1

This item repeals item 1209 (Emergency (Temporary)(Class TI)) from Part 2 of Schedule 1 to the Principal Regulations.

Emergency (Temporary)(Class TI) visas were intended to facilitate the temporary entry to Australia of non-citizens who applied for a visa overseas but had an urgent and compelling need to travel to Australia before certain public interest criteria could be met.  Only very limited numbers of Emergency (Temporary)(Class TI) visas were granted in recent years as other arrangements, including improved escalation procedures for processing of  visa applications, or  the grant of visitor or other temporary visas, are now made for travel and temporary entry to Australia in urgent circumstances.  

The repeal of Emergency (Temporary)(Class TI) progresses the Government's simplification and deregulation agenda by removing two rarely used visas from the Principal Regulations, the Emergency (Permanent visa applicant)(Subclass 302) visa and the Emergency (Temporary visa applicant)(Subclass 303) visa.  See item [78] of this Schedule, below.  

Item [77] - Subitems 1301(1), 1303(1) and 1305(1) of Schedule 1

This item amends subitems 1301(1), 1303(1) and 1305(1) in Part 2 of Schedule 1 to the Principal Regulations, by omitting the reference to application form 1003 from each subitem.

The effect of subitems 1301(1), 1303(1) and 1305(1) is to prescribe form 1003, among other forms, as a form for making an application for a Bridging A (Class WA) visa, a Bridging C (Class WC) visa or a Bridging E (Class WE) visa, respectively.    Form 1003 is also the prescribed form for an application for an Emergency (Temporary)(Class TI) visa.  Prescribing the same form allows the relevant bridging visa to be applied for in association with the Emergency (Temporary)(Class TI) visa application.

The amendment made by this item is consequential to the repeal of item 1209 (Emergency (Temporary)(Class TI)) from Schedule 1 to the Principal Regulations  by item [76] of this Schedule, above. The effect of that omission is that it is no longer possible to apply for an Emergency (Temporary)(Class TI) visa, and therefore it is no longer necessary to provide for an associated application for a bridging visa . 

Item [78] - Parts 302 and 303 of Schedule 2

This item repeals parts 302 and 303 from Schedule 2 to the Principal Regulations.  Parts 302 and 303 relate to Subclass 302 (Emergency (Permanent Visa Applicant)) and Subclass 303 (Emergency (Temporary Visa Applicant)), respectively.

The repeal of Subclasses 302 and 303 are consequential to the omission of item 1209 (Emergency (Temporary)(Class TI)) from Schedule 1 to the Principal Regulations by item [76] of this Regulation.

Part 5 - Amendments relating to assessment levels and related measures

The purpose of the amendments in each Part of this Schedule is to support recommendations 1, 3 and 4 of the Review of the Student Visa Assessment Level Framework 2013 (AL Framework Review).  Recommendation 1 provides for selected low immigration risk education providers to be invited to participate in streamlined visa processing arrangements similar to those currently available to universities.  Recommendations 3 and 4 provide for the Assessment Level Framework (AL Framework) to be simplified to comprise assessment levels 1, 2 and 3 and for the financial requirement for assessment level 3 applicants to be reduced to 12 months evidence of funds with the condition that these funds be provided by a close relative of the applicant.

 

Division 1 - General amendments

 

Migration Regulations 1994

 

Items 79-80, 83-85, 113-115, 117, 120-121, 127-131, 133, 134 and 137 - Removal of assessment levels 4 and 5

 

The following items amend Part 1 and Schedules 2, 5A and 5B of the Principal Regulations to give effect to recommendation 3 of the AL Framework Review.

 

In particular, item 83 repeals and substitutes paragraph 1.41(4)(a) of Part 1.  Paragraph 1.41(4)(a) sets the requirement that the assessment level specified for a kind of eligible passport, must be a number from 1 to 3, with:

 

*         assessment level 1 specified for a passport, holders of which pose a low risk; and

*         assessment level 2 specified for a passport, holders of which pose a medium risk; and

*         assessment level 3 specified for a passport, holders of which pose a high risk; and

 

The purpose of this amendment is to set out assessment levels that an applicant is subject to (and is required to satisfy the requirements for) in order to satisfy a criterion for the grant of a Subclass 570 (Independent ELICOS Sector) visa, a Subclass 571 (Schools Sector) visa, a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, a Subclass 574 (Postgraduate Research Sector) visa, a Subclass 575 (Non-Award Sector) visa (Subclass 575 visa), a Subclass 576 (AusAID or Defence Sector) visa (Subclass 576 visa) or the Subclass 580 (Student Guardian) visa.  These visa subclasses are hereon referred to as 'a student visa'.

 

The effect of this amendment is that the AL Framework is reduced to comprise assessment levels 1 to 3.  Subsequently, item 83 is supported by amendments at items 79, 80, 84, 85, 117, 120, 121, 127 to 131, 133, 134 and 137, which amend certain provisions under the Principal Regulations to reflect the amended AL Framework.

 

Item 79 amends the definition of assessment level under regulation 1.03 of Part 1 to omit the reference to '(being level 1, 2, 3, 4 or 5)'.

 

Item 80 amends paragraphs (b) and (c) of the definition of highest assessment level under regulation 1.03 of Part 1 to omit references to '1 to 5' and in their place substitute with '1 to 3'.

 

Items 84 and 85 amend paragraph 1.42(2)(d) and subparagraph 1.42(5)(b)(i) of Part 1 to omit references to '3, 4 or 5' and in their place substitute with '3'.

 

Items 117 and 121 amend Schedule 2 to repeal clause 580.112 and subclauses 580.226(2) and (3).  Consequently, item 120 amends paragraphs 580.226(1A)(b) and (d) of Schedule 2 to omit the references to '(2), (3)'.

 

Items 127 and 129 amend table item 1 of the table under subclauses 5A104(1) and 5A104(2) of Schedule 5A to omit references to '2, 3 or 4' and in their place substitute with '2 or 3'.

 

Items 128 and 130 amend table item 2 of the table under subclauses 5A104(1) and 5A104(2) of Schedule 5A to omit references to '3 or 4' and in their place substitute with '3'.

 

Items 131 and 133 together amend Parts 2, 3, 4, 5, 6 and 7 of Schedule 5A to repeal, in each Part, Divisions 1 and 2.  Subsequently, item 134 amends Part 8 of Schedule 5A to repeal Division 1 and item 137 amends Schedule 5B to repeal Part 2.

 

Subsequently, amendments are at item 139 below to provide for other provisions that are amended to support the implementation of recommendation 3.

 

In addition, amendments below at items 88, 90, 92, 97, 102, 112 and 122 provide for references to assessment levels 4 and 5 that need to be maintained to ensure the ongoing operation of provisions that are affected by the removal of requirements relating to assessment levels 4 and 5.

 

Accordingly and as associated provisions are repealed, technical amendments at items 113 to 115 ensure the ongoing operation of clause 576.221 of Schedule 2.  In particular, item 115 amends Part 576 of Schedule 2 to repeal clause 576.232.  Consequently, items 113 and 114 amend subclause 576.221(1) and subparagraph 576.221(2)(b)(ii) of Schedule 2 to omit references to '576.232' and in their place substitute with '576.231'.

 

The purpose of the amendments at item 115 is to remove the requirements that relate to assessment level 5 as it is redundant as a result of the implementation of recommendation 3.  This is supported by the amendments at items 113 and 114, which ensure that the relevant requirements that applicants must meet in order to satisfy clause 576.221 are correctly referenced.

 

Items 81-82, 86, 103-105, 107, 111 and 123 - Definition of eligible non-award student

 

Item 103 amends clause 575.111 of Schedule 2 to the Principal Regulations to insert a definition of eligible non-award student, which means an applicant for a Subclass 575 visa in relation to whom the following apply:

 

*         the applicant is enrolled in a full-time course of study that is not leading to an award;

*         the course of study is not an ELICOS;

*         the course of study is provided by an eligible education provider;

*         the course of study is part of:

o   a formal exchange program; or

o   a study abroad program.

 

Item 104 amends clause 575.111 of Schedule 2 to the Principal Regulations to repeal the definition of eligible university exchange student.

 

The amendments at items 103 and 104 are technical amendments supporting recommendation 1 of the AL Framework Review to extend streamlined visa processing arrangements to selected low immigration risk non-university providers.  The definition of eligible non-award student at item 103 has the same operation as the existing definition of eligible university exchange student, but clarifies that the term is not limited to university exchange students.  As a result, the definition of eligible university exchange student is redundant and is repealed by item 104.

 

These amendments have the effect of ensuring that the relevant term aligns with the title of Part 575 of Schedule 2 to the Principal Regulations.

 

Consequently, these amendments are supported by the amendments at items 81, 82, 86, 105, 107, 111 and 123, which remove the references to the term eligible university exchange student as it is redundant.  Specifically, these items amend the following provisions under the Principal Regulations to omit references to the words 'university exchange' and in their place substitute with 'non-award':

 

*         subparagraph 1.40A(2)(b)(iii) of Part 1;

*         paragraph 1.41(1A)(c) of Part 1;

*         paragraph 1.42(7)(c) of Part 1;

*         clause 575.212 of Schedule 2;

*         subclause 575.223(1A) of Schedule 2;

*         subparagraph 575.322(b)(ia) of Schedule 2; and

*         subclause 580.226(6) of Schedule 2;

 

Items 87, 89, 91, 96, 101 and 110 - Periods of English Language Intensive Course for Overseas Students (ELICOS) that is a registered course

 

These items amend Schedule 2 of the Principal Regulations to repeal and substitute the following clauses:

 

*         clause 570.229;

*         clause 571.235;

*         clause 572.234;

*         clause 573.234;

*         clause 574.234; and

*         clause 575.234.

 

These clauses currently set out the requirement that:

 

*         If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

o   for an applicant who is subject to assessment level 3 - 60 weeks; or

o   for an applicant who is subject to assessment level 4 or 5 - 40 weeks.

 

*         If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

o   for an applicant who is subject to assessment level 3 - 60 weeks; or

o   for an applicant who is subject to assessment level 4 or 5 - 50 weeks.

 

Consequent to the amendments at items 79, 80, 83 to 85, 127 to 131, 133, 134 and 137 above, which remove assessment levels 4 and 5, the distinction in the sub-provisions above is no longer required to be maintained.  These amendments operate to address this by combining the relevant sub-provisions to provide that, in each of the clauses mentioned above, if the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

 

These are technical amendments for the purpose of supporting the implementation of recommendation 3 of the AL Framework Review.

 

Items 88, 90, 92, 97, 102, 112 and 122 - Clarifying criteria for members of family units

 

Items 88, 90, 92, 97, 102 and 112 amend Schedule 2 to the Principal Regulations to insert the following provisions:

 

*         subclause 570.332(1A);

*         subclause 571.332(1A);

*         subclause 572.332(1A);

*         subclause 573.332(1A);

*         subclause 574.332(1A); and

*         subclause 575.332(1A).

 

The inserted provisions relevantly provide that, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

 

Similarly, item 122 amends subclause 580.226(4) of Schedule 2 to the Principal Regulations to insert after the words 'level 3', reference to the numbers '4 or 5'.

 

The implementation of recommendation 3 removes assessment levels 4 and 5 from the AL Framework and as a result may raise uncertainty over the requirements that must be satisfied by applicants seeking to satisfy the secondary criteria for certain student visa subclasses.

 

Accordingly, the purpose of these amendments is to set the requirement that needs to be satisfied by applicants, who are members of the family unit of a person who was previously subject to assessment levels 4 or 5, to satisfy a criterion for the grant of a student visa (excluding the Subclass 576 visa).

 

 

Items 93-95, 98-100, 106 and 108-109 - Streamlined visa processing arrangements

 

Items 93, 98 and 106 amend the following provisions under Schedule 2 of the Principal Regulations to insert after the words 'If the applicant is', the phrase ', and was, at the time of application,':

 

*         subclause 573.223(1A);

*         subclause 574.223(1A); and

*         subclause 575.223(1A).

 

Items 94, 99 and 108 amend the following provisions under Schedule 2 of the Principal Regulations to substitute the relevant chapeau with the words 'If subclause (1A) does not apply:

 

*         subclause 573.223(2);

*         subclause 574.223(2); and

*         subclause 575.223(2).

 

Items 95, 100 and 109 amend clauses 573.231, 574.231 and 575.231 of Schedule 2 to the Principal Regulations to substitute the relevant chapeau with the phrase 'If subclause 573.223(1A) does not apply', 'If subclause 574.223(1A) does not apply' and 'If subclause 575.223(1A) does not apply', respectively.

 

Consistent with the intention to support the extension of streamlined visa processing arrangements to selected low immigration risk non-university education providers (recommendation 1 of the AL Framework Review), the purpose of items 93 to 95 and 98 to 100 is to provide a distinction between the requirements for an eligible higher degree student and the requirements for an applicant who is not an eligible higher degree student.

 

Similarly, the purpose of items 106, 108 and 109 is to provide a distinction between the requirements for an eligible non-award student and the requirements for an applicant who is not an eligible non-award student.

 

Items 116, 126 and 136 - Reducing the period in which funds must be evidenced

 

Item 116 amends clause 580.111 of Schedule 2 to the Principal Regulations to repeal the definitions of first 18 months and first 24 months.

 

Item 126 amends clause 5A101 of Schedule 5A to the Principal Regulations to repeal the definitions of first 18 months, first 24 months and initial period.

 

Item 136 amends clause 5B101 of Schedule 5B to the Principal Regulations to repeal the definitions of first 18 months, first 24 months and initial period.

 

The implementation of recommendation 4 of the AL Framework Review relevantly reduces the requirement that the applicants must evidence that they have funds from an acceptable source that are sufficient to meet expenses relating course fees, living costs and school costs to the first 12 months.  This combined with the removal of assessment levels 4 and 5 from the AL Framework (recommendation 3 of the AL Framework Review) operates to cause the definitions of first 18 months and first 24 months to become redundant.

 

In addition, the operation of the remaining definition of initial period is not consistent with the intention of the implementation of recommendation 4 of the AL Framework Review as it relates to any initial study-free period on the student visa, any prerequisite courses (such as an ELICOS, bridging course or foundation course), plus the first 12 months after the commencement of the principal course.

 

Accordingly, the purpose of items 116, 126 and 136 is to support the combined effect of the implementation of recommendations 3 and 4 by removing relevant redundant definitions that are associated with assessment levels 4 and 5.  Items 126 and 136 also ensure that the period for the evidence of the relevant fund for applicants, who are subject to assessment level 3, is for the first 12 months.

 

Amendments at item 140 below support the implementation of recommendation 4.

 

Items 118-119, 125 and 135 - Acceptable individual

 

Items 118 and 119 amend paragraphs 580.113(a) and (b) of Schedule 2 to the Principal Regulations to omit references to the words 'the applicant or an individual who is providing support to the applicant' and in their place substitute with 'an acceptable individual'.

 

Items 125 and 135 amend Schedules 5A and 5B of the Principal Regulations to insert a definition of acceptable individual into clauses 5A101 and 5B101, respectively.  The definition provides that an acceptable individual means one or more of the following:

 

*         the applicant;

*         the applicant's spouse or de facto partner;

*         a parent of the applicant;

*         a grandparent of the applicant;

*         a brother or sister of the applicant;

*         an uncle or aunt of the applicant who is:

o   an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

o   usually resident in Australia.

 

The implementation of recommendation 4 of the AL Framework Review relevantly requires financial support provided to applicants, who are subject to assessment level 3, to be limited to close relative of the applicant.  It is intended that 'close relative' of the applicant be individuals who are specified by the definition of acceptable individual.  The amendments at items 118 and 119 also support this purpose.

 

Consequently, the definition of acceptable individual that apply to the relevant provisions in Schedules 5A and 5B are located in the provisions associated with assessment level 4, which are repealed in support of the implementation.  As a result, the purpose of the amendments at items 125 and 135 is to insert a similar definition into Schedules 5A and 5B to ensure the implementation of the relevant part of recommendation 4 of the AL Framework Review.

 

In addition, amendments at item 141 below provide for other provisions that are amended to support the implementation of recommendation 4.

 

Item 124 - Technical amendment

 

This item amends paragraph 580.227(b) of Schedule 2 to the Principal Regulations to omit the words 'is subject' and in their place substitute with 'was subject'.

 

This is a technical amendment to clarify that the relevant student must be a holder of a student visa and therefore prior to the grant of that visa was subject to an assessment level.

 

Items 132 and 138

 

Items 132 and 138 amend paragraph 5A608(1)(a) of Schedule 5A and subclause 5B302(2) of Schedule 5B to the Principal Regulations to omit references to the term 'initial period' and in their place substitute with 'first 12 months'.

 

Similar to the amendments at items 126 and 136 above, the operation of the definition of initial period was not consistent with the implementation of recommendation 4 of the AL Framework Review as it relates to any initial study-free period on the student visa, any prerequisite courses (such as an ELICOS, bridging course or foundation course), plus the first 12 months after the commencement of the principal course.

 

The purpose of these amendments is to support the implementation of recommendation 4, which requires the evidence of the relevant funds for the first 12 months.

 

Division 2 - Amendments relating to assessment levels

 

Item 139 - Amendments of listed provisions-Assessment Levels

 

This item sets out in a table the provisions under Schedule 2 of the Principal Regulations that are amended to omit references to '3, 4 or 5' and in their place substitute with '3'.

 

Consistent with the amendments at items 79, 80, 83 to 85, 127 to 131, 133, 134 and 137 above to remove assessment levels 4 and 5 from the AL Framework (recommendation 3 of the AL Framework Review), the purpose of this amendment is to remove in paragraphs 570.613(1)(b), 572.613(1)(b), 573.613(1)(b), 574.613(1)(b) and 575.613(1)(b) of Schedule 2 the references to assessment levels 4 and 5 that have become redundant.

 

Division 3 - Amendments to period for financial requirement for assessment level 3

 

Item 140 - Amendments of listed provisions - period for financial requirement

 

This item sets out in a table the provisions in the Principal Regulations that are amended to omit all reoccurring references to '18 months' and in their place substitute with '12 months'.

 

Consistent with the amendments at item 116, 126 and 136 above to reduce the period in which an applicant, who is subject to assessment level 3, must evidence the relevant funds for (recommendation 4 of the AL Framework Review), the purpose of this amendment is to reduce the reoccurring periods referenced in the following provisions, from 18 months to 12 months:

 

*         subclause 580.226(4) of Schedule 2;

*         subclause 5A208(1) of Schedule 5A;

*         subclause 5A308(1) of Schedule 5A;

*         subclause 5A408(1) of Schedule 5A;

*         subclause 5A508(1) of Schedule 5A;

*         subclause 5A708(1) of Schedule 5A; and

*         subclause 5B301(2) of Schedule 5B.

 

Division 4 - Amendments relating to source of funds for assessment level 3

 

Item 141 - Amendments of listed provisions - source of funds

 

This item sets out in a table the provisions in the Principal Regulations that are amended to substitute all references to the words 'the applicant, or an individual who is providing support to the applicant' with 'an acceptable individual'.

 

Consistent with the amendments at item 118 and 119 above to limit the individuals who could provide financial assistance to applicants who are subject to assessment level 3 (recommendation 4 of the AL Framework Review), the purpose of this amendment is to amend the following provisions to limit such individuals to those prescribed under the definition of acceptable individual:

 

*         subclause 5A208(2) of Schedule 5A (paragraph (a) of definition of funds from an acceptable source);

*         subclause 5A208(2) of Schedule 5A (paragraph (b) of definition of funds from an acceptable source);

*         paragraph 5A308(2)(a) of Schedule 5A;

*         paragraph 5A308(2)(aa) of Schedule 5A;

*         paragraph 5A308(2)(b) of Schedule 5A;

*         subclause 5A408(2) of Schedule 5A (paragraph (a) of the definition of funds from an acceptable source);

*         subclause 5A408(2) of Schedule 5A (paragraph (aa) of the definition of funds from an acceptable source);

*         subclause 5A408(2) of Schedule 5A (paragraph (b) of the definition of funds from an acceptable source);

*         subclause 5A508(2) of Schedule 5A (paragraph (a) of the definition of funds from an acceptable source);

*         subclause 5A508(2) of Schedule 5A (paragraph (b) of the definition of funds from an acceptable source);

*         subclause 5A508(2) of Schedule 5A (paragraph (c) of the definition of funds from an acceptable source);

*         subclause 5A608(2) of Schedule 5A (paragraph (a) of definition of funds from an acceptable source);

*         subclause 5A608(2) of Schedule 5A (paragraph (b) of definition of funds from an acceptable source);

*         subclause 5A708(2) of Schedule 5A (paragraph (a) of definition of funds from an acceptable source);

*         subclause 5A708(2) of Schedule 5A (paragraph (b) of definition of funds from an acceptable source);

*         subclause 5B301(3) of Schedule 5B (paragraph (a) of the definition of funds from an acceptable source);

*         subclause 5B301(3) of Schedule 5B (paragraph (b) of the definition of funds from an acceptable source);

*         subclause 5B302(3) of Schedule 5B (paragraph (a) of the definition of funds from an acceptable source); and

*         subclause 5B302(3) of Schedule 5B (paragraph (b) of the definition of funds from an acceptable source).

 

Part 6 - Amendments relating to substantial compliance

Migration Regulations 1994

 

Item 142 - Amendments to listed provisions-repeals

 

This item repeals the listed provisions from Schedule 2 to the Principal Regulations.  The listed provisions are:

 

570.235	570.333	571.237	571.333
572.235	572.333	573.235	573.333
574.235	574.333	575.235	575.333
576.233	576.334	580.224

 

These provisions provide that where an applicant is seeking a further student visa, the applicant must have complied substantially with the conditions on their previous visa. 

 

These provisions were being applied with flexibility, relying on the word "substantially" so that where a student had legitimate reasons for breaching past conditions (such as breaching course attendance requirements due to illness, bereavement or upheaval in their home country) the further student visa could still be granted.

 

However, as a result of recent court decisions there now less scope to use this flexibility and in some cases the further student visa must be refused even where there were exceptional circumstances causing the breach of condition.

 

These amendments remove the requirement to comply with past visa conditions in order to be granted a further student visa.  Where there are no exceptional circumstances for the breach of the past conditions, the further student visa may still be refused under the 'genuine temporary entrant' or 'genuine student' requirements. This removes the strict red tape around visa condition compliance and allows for more flexible decision-making.

 

Part 7 --Other amendments

Migration Regulations 1994

Item [143]  - Regulation 1.03 (definition of assurance of support)

This item omits the definition of assurance of support in regulation 1.03 of Division 1.2 of Part 1 of the Principal Regulations, and substitutes a new definition. The amendment omits redundant references to earlier versions of the assurance of support.

Item [144]  Regulation 1.03 (note at the end of the definition of foreign armed forces dependant)

This item repeals the note at the end of the definition of foreign armed forces dependant in regulation 1.03 of Division 1.2 of Part 1 of the Principal Regulations. The amendment repeals the note because it is redundant.

Item [145] - Regulation 1.03 (note 2)

This item omits note 2 in regulation 1.03 in Division 1.2 of Part 1 of the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [146] - Paragraph 1.20(4)(fb)

This item omits "Class UW." from paragraph 1.20(4)(fb) in Division 1.4B of Part 1 of the Principal Regulations, and substitutes "Class UW;". The amendment corrects the punctuation the paragraph.

Item [147] - Paragraph 1.20L(4)(a)

This item omits "holds" from paragraph 1.20L(4)(a) in Division 1.4B of Part 1 of the Principal Regulations, and substitutes "was the holder of". The amendment corrects an error.

Item [148] -  Paragraph 1.23(4)(b)

This item omit the words "unless the alleged victim had, before 1 January 1998, claimed to Immigration to have suffered domestic violence committed by the alleged perpetrator-- that" from paragraph 1.23(4)(b) in Division 1.5 of Part 1 of the Principal Regulations, and substitutes "the". The amendment omits a redundant reference to the legislation as in force prior to 1 January 1998.

Item [149] -  Regulation 2.01 (note)

This item omits "38" and substitute "38B" in the note at regulation 2.01 in Division 2.1 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [150] -  Paragraph 2.08B(1)(ba)

This item omits paragraph 2.08B(1)(ba) in Division 2.2 of Part 2 of the Principal Regulations, and substitutes a new paragraph. The amendment makes consequential changes to reflect the repeal of the Resolution of Status (Temporary) (Class UH) visa.

Item [151] - Paragraphs 2.11(2)(a), (b) and (c)

This item omits paragraphs 2.11(2)(a), (b) and (c) in Division 2.2 of Part 2 of the Principal Regulations, and substitutes new paragraphs 2.11(2)(a) and (b). The amendment corrects errors in subregulation 2.11(2).

Item [152]  - Subparagraph 2.11(2A)(a)(i)

This item omits the words "a Spouse (Provisional) (Class UF) visa or" from subparagraph 2.11(2A)(a)(i) in Division 2.2 of Part 2 of the Principal Regulations. The amendment omits a redundant reference to a repealed visa.

Item [153]  - Subparagraph 2.11(2A)(a)(ii)

This item omits the words "a Spouse (Migrant) (Class BC) visa or" from subparagraph 2.11(2A)(a)(ii) in Division 2.2 of Part 2 of the Principal Regulations. The amendment omits a redundant reference to a repealed visa.

Item [154]  - Subparagraph 2.11(2A)(b)(i)

This item omits the words "a Spouse (Provisional) (Class UF) visa or" from subparagraph 2.11(2A)(b)(i) in Division 2.2 of Part 2 of the Principal Regulations. The amendment omits a redundant reference to a repealed visa.

Item [155]  - Subparagraph 2.11(2A)(b)(ii)

This item omits the words "a Spouse (Migrant) (Class BC) visa or" from subparagraph 2.11(2A)(b)(ii) in Division 2.2 of Part 2 of the Principal Regulations. The amendment omits a redundant reference to a repealed visa.

Item [156]  - Paragraphs 2.12F(2B)(d), (e) and (g)

This item omits paragraphs 2.12F(2B)(d), (e) and (g), and substitute new paragraphs 2.12F(2B)(d), (e) and (g) in Division 2.2A of Part 2 of the Principal Regulations. The amendment replaces the existing mix of subclass and class references with consistent references to subclasses.

Item [157]  - Regulations 2.12K and 2.12L

This item omits ", 2.12H and 2.12J", and substitute "and 2.12H" in Division 2.2A of Part 2 of the Principal Regulations. The amendment is consequential to the repeal of the Resolution of Status (Temporary) (Class UH) visa.

Item [158]  - Subregulation 2.20(1)

This item omits "(2)" and substitute "(6)" in subregulation 2.20(1) in Division 2.5 of Part 2 of the Principal Regulations. The amendment is consequential to other amendments.

 

 

 

Item [159] -  Paragraph 2.20(7)(a)

This item omits ", on or after 1 September 1994" from paragraph 2.20(7)(a) in Division 2.5 of Part 2 of the Principal Regulations. The amendment removes redundant references to the legislative position prior to 1 September 1994.

Item [160] -  Subparagraphs 2.20(7)(b)(i) and (ii)

This item omits subparagraphs 2.20(7)(b)(i) and (ii) in Division 2.5 of Part 2 of the Principal Regulations, and substitutes new subparagraphs 2.20(7)(b)(i), (ii) and (iii). The amendment omits a redundant reference to the repealed Protection (Class AZ) visa, and removes a redundant reference to the commencement date of the Protection (Class XA) visa.

Item [161] -   Paragraph 2.20(8)(a)

This item omits ", on or after 1 September 1994" from paragraph 2.20(8)(a) in Division 2.5 of Part 2 of the Principal Regulations. The amendment removes a redundant reference to the commencement date of the immigration clearance provisions.

Item [162] -  Subparagraphs 2.20(8)(b)(i) and (ii)

This item omits subparagraphs 2.20(8)(b)(i) and (ii) in Division 2.5 of Part 2 of the Principal Regulations, and substitutes new subparagraphs 2.20(8)(b)(i) and (ii). The amendment omits a redundant reference to the repealed Protection (Class AZ) visa, and removes a redundant reference to the commencement date of the Protection (Class XA) visa.

Item [163] -  Paragraph 2.20(9)(a)

This item omits the words ", on or after 1 September 1994" from paragraph 2.20(9)(a) in Division 2.5 of Part 2 of the Principal Regulations. The amendment removes a redundant reference to the commencement date of the immigration clearance provisions.

Item [164] - Subparagraphs 2.20(9)(b)(i) and (ii)

This item omits subparagraphs 2.20(9)(b)(i) and (ii) in Division 2.5 of Part 2 of the Principal Regulations, and substitutes new subparagraphs 2.20(9)(b)(i), (ii) and (iii). The amendment removes a redundant reference to the repealed Protection (Class AZ) visa, and also removes a redundant reference to the commencement date of the Protection (Class XA) visa.

Item [165] -  Paragraph 2.20(10)(a)

This item omits ", on or after 1 September 1994" from paragraph 2.20(10)(a) in Division 2.5 of Part 2 of the Principal Regulations. The amendment removes a redundant reference to the commencement date of the immigration clearance provisions.

Item [166] -  Subparagraphs 2.20(10)(b)(i) and (ii)

This item omits subparagraphs 2.20(10)(b)(i) and (ii) in Division 2.5 of Part 2 of the Principal Regulations, and substitutes new subparagraphs 2.20(10)(b)(i), (ii) and (iii). The amendment removes a redundant reference to the repealed Protection (Class AZ) visa, and also removes a redundant reference to the commencement date of the Protection (Class XA) visa.

Item [167] -  Paragraph 2.21B(1)(a)

This item omits the words "form 601, form 601E, form 1182" from paragraph 2.21B(1)(a) in Division 2.5 of Part 2 of the Principal Regulations, and substitutes "form 601E", in paragraph 2.21B(1)(a). The amendment omits reference to forms which are no longer in use.

Item [168] -  Subregulation 2.25A(1) (note)

This item omits the note at subregulation 2.25A(1) in Division 2.5A of Part 2 of the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [169] - Paragraph 2.43(1)(kb)

This item omits the words "Subclass 457 (Business (Long Stay)) visa", and substitutes "a Subclass 457 (Temporary Work (Skilled)) visa" in paragraph 2.43(1)(kb) in Subdivision 2.9.2 of Division 2.9 of Part 2 of the Principal Regulations. The amendment substitutes the current name of the subclass.

Item [170] -  Paragraph 2.50(2)(b)

This item omits "(Migrant)" and substitute "(Permanent)" in paragraph 2.50(2)(b) in Subdivision 2.9.2 of Division 2.9 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [171] -  Paragraph 2.50(2)(f)

This item omits "(Class EC);" and substitutes "(Class EC)." in paragraph 2.50(2)(f) in Subdivision 2.9.2 of Division 2.9 of Part 2 of the Principal Regulations. The amendment is consequential to the repeal of paragraph 2.50(2)(g).

 

 Item [172] - Regulation 2.59

This item omits "(the applicant)" and substitutes "(the applicant)" in regulation 2.59 in Division 2.13 of Part 2 of the Principal Regulations. The amendment corrects an error.

 

Item [173] -   Paragraph 2.59(h) (note for subparagraph (b)(ii) and note for paragraph (g))

 

This item omits the notes for subparagraph 2.59(b)(ii) and paragraph 2.59(g) in Division 2.13 of Part 2 of the Principal Regulations. The amendment is consequential to item [125].

Item [174] -   At the end of regulation 2.59

 

This item adds two notes at the end of regulation 2.59 in Division 2.13 of Part 2 of the Principal Regulations. The amendment corrects the placement of the notes, which currently appear after paragraph 2.59(h). This amendment is required as a result of the substitution of paragraph 2.59(i) and (j) by the Migration Legislation Amendment Regulation 2013 (No. 3).

Item [175] - Subparagraph 2.60D(d)(ii)

This item omits subparagraph 2.60D(d)(ii) in Division 2.13 of Part 2 of the Principal Regulations, and substitutes new subparagraph 2.60D(d)(ii). The amendment omits a redundant reference to the repealed Subclass 416 visa.

Item [176]  - Subregulations 2.60S(2) and (3)

 

This item omits "(the applicant)" and substitutes "(the applicant)" in subregulations 2.60S(2) and (3) in Division 2.13 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [177] -  Paragraph 2.68(i) (note for paragraph (h))

 

This item omits the note at paragraph 2.68(h) in Division 2.16 of Part 2 of the Principal Regulations. The amendment is consequential to item [129].

Item [178] - At the end of regulation 2.68

This item adds a note at the end of regulation 2.68 in Division 2.16 of Part 2 of the Principal Regulations. The amendment corrects the placement of the note, which currently appears after paragraph 2.68(i). The amendment is required as a result of the substitution of paragraph 2.68(j) and (k) by Migration Legislation Amendment Regulation 2013 (No. 3).

Item [179] -  Subregulations 2.68J(2) and (3)

 

This item omit "(the applicant)" and substitute "(the applicant)" in subregulations 2.68J(2) and (3) in Division 2.13 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [180] -  Regulation 2.73B (heading)

 

This item omits the heading to regulation 2.73B in Division 2.17 of Part 2 of the Principal Regulations, and substitutes a new heading. The amendment removes a redundant reference to the repealed Subclass 423 (Media and Film Staff) visa.

Item [181] -  Paragraph 2.73B(1)(b)

 

This item omits paragraph 2.73B(1)(b) in Division 2.17 of Part 2 of the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the repealed Subclass 423 (Media and Film Staff) visa.

 

 

 

Item [182] - Subregulations 2.79(2) and (3)

 

This item omits the words "Subject to subregulation (2A), the" and substitutes the word  "The" in subregulations 2.79(2) and (3) in Division 2.19 of Part 2 of the Principal Regulations.  The purpose of the amendment is to make a technical amendment which is consequential to the repeal of subregulation 2.79(2A).

Item [183] -  Subparagraph 2.80A(4)(a)(ii)

 

This item omits the word "hold" and substitute the words "hold a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or" in subparagraph 2.80A(4)(a)(ii) in Division 2.19 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [184] - Sub-subparagraph 2.80A(4)(b)(iii)(B)

 

This item omits the word "Subclass" and substitutes the words "Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or the Subclass" in sub-subparagraph 2.80A(4)(b)(iii)(B) in Division 2.19 of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [185] - Sub-sub-subparagraph 2.80A(4)(b)(iii)(C)(II)

 

This item omits the word "Subclass" and substitute the words "Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass" in sub-sub-subparagraph 2.80A(4)(b)(iii)(C)(II) of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [186] - Sub-subparagraph 2.80A(4)(c)(iii)(B))

 

This item omits the word "Subclass" and substitute the words "Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass" in sub-subparagraph 2.80A(4)(c)(iii)(B) of Part 2 of the Principal Regulations. The amendment corrects an error.

Item [187] - Sub-sub-subparagraph 2.80A(4)(c)(iii)(C)(II)

 

This item omits the word "Subclass" and substitute the words "Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass" in sub-sub-subparagraph 2.80A(4)(c)(iii)(C)(II) of Part 2 of the Principal Regulations. The amendment corrects an error.

 

Item [188] -  Paragraph 2.86(2A)(c)

 

This item omits, from paragraph 2.86(2A)(c), in Division 2.19 of Part 2 of the Principal Regulations, the words "if the person is or was a standard business sponsor who lawfully operates a business in Australia" and substitutes the words "if the person is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the person's approval as a standard business sponsor, or at the time of the last approval of a variation to the person's term of approval as a standard business sponsor". The amendment ensures that the obligation of a sponsor, which is to ensure that the sponsored worker is employed only by the sponsor or an associated entity, continues even if the sponsor ceases to operate a business in Australia.

Item [189] -  Subregulation 4.31A(1)

 

This item omits "(1)" from subregulation 4.31A(1) in Subdivision 4.2.3 of Division 4.2 of Part 4 of the Principal Regulations. The amendment is consequential to the repeal of subregulation 4.31A(2).

Item [190] - Regulation 5.18 (heading)

 

This item omits the heading to regulation 5.18 in Division 5.3 of Part 5 of the Principal Regulations, and substitutes a new heading. The amendment streamlines the heading, in accordance with current drafting practice, by removing the citation of the authorising provision in the Act.

 

Item [191] -   Regulation 5.18

 

This item omits "paragraph 262(b)" from regulation 5.18 in Division 5.3 of Part 5 of the Principal Regulations, and substitutes "paragraph 262(1)(b)". The amendment corrects an error.

Item [192] - Subregulation 5.36(1) (note)

 

This item omits the note at subregulation 5.36(1) in Division 5.7 of Part 5 of the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [193] -  Subparagraph 1130(2)(a)(iii) of Schedule 1

This amendment omits "For" and substitutes "for" in subparagraph 1130(2)(a)(iii) of Schedule 1 to the Principal Regulations. The amendment corrects an error in the text. 

 

 

 

Item [194] and [198]

These items amends the Principal Regulations to make corrections to the visa application charge for the main applicant for a Contributory Parent (Migrant)(Class CA) visa.

In September 2013 amendments were made to the first and second instalment of the Base Application Charge (the charge for the main applicant) and the combined total amount inadvertently exceeded the maximum limit permitted under the Migration (Visa Application) Charge Act 1997 (VAC Act).

These items amend the Base Application Charge to raise the first instalment and lower the second instalment so that the total combined amount is in accordance with the maximum limit permitted under the VAC Act.  The reason for the selected amounts for the first and second instalment is to align them with the instalments provided in the equivalent onshore visa (visa that may be applied for in Australia).

Item [195], [196], [201] and[ 202]

These items amend the Principal Regulations to make corrections to the visa application charge imposed on the dependants of the main applicant for the Contributory Parent (Migrant)(Class CA) visa and the Contributory Aged Parent (Residence)(Class DG).

The Additional Application Charges (the charges imposed on dependants) were amended on 1 September 2013, but the amendments were misdescribed.  In that Regulation, the position of the amendment was incorrectly described as a non-existent sub-subparagraph (B).  The purpose of the items is to correct the editorial errors and confirm the amendments.

Item [197] -  Paragraph 1130(2)(b) of Schedule 1 (table item 4, column headed "Applicant", paragraph (a))

 

This item omits "application, and:" from paragraph 1130(2)(b) of Schedule 1 to the Principal Regulations (table item 4, column headed "Applicant", paragraph (a)), and substitutes "application; and". The amendment corrects the punctuation.

Item [199] -  Subparagraphs 1130A(2)(a)(iii) and (iv) of Schedule 1

This item omits "For" and substitute "for" in subparagraphs 1130A(2)(a)(iii) and (iv) of Schedule 1to the Principal Regulations. The amendment corrects an error in the text. 

 

Item [200] - Subparagraph 1130A(2)(a)(vi) of Schedule 1 (cell at table item 1, column headed "Amount")

This item amends the Principal Regulations to make corrections to the visa application charge for the main applicant for the Contributory Aged Parent (Residence)(Class DG).

The Base Application Charge (the charge for the main applicant) was  amended on  1 September 2013, but the amendment was misdescribed.  In that Regulation, the position of the amendment was incorrectly described as a non-existent sub-subparagraph (B).  The purpose of the item is to correct the editorial error and confirm the amendment.

 

Item [203] -  Paragraph 1130A(2)(b) of Schedule 1 (table item 4, column headed "Applicant", paragraph (a))

This item omits "application, and:" from paragraph 1130A(2)(b) of Schedule 1 to the Principal Regulations (table item 4, column headed "Applicant", paragraph (a)), and substitutes "application; and". The amendment corrects the punctuation.

Item [204] -  Paragraph 1130A(2)(b) of Schedule 1 (cell at table item 8, column headed "Amount")

This item amends the Principal Regulations to make corrections to the visa application charge for the main applicant for a Contributory Aged Parent (Residence)(Class DG) visa.

In September 2013 amendments were made to the second instalment of the Base Application Charge (the charge for the main applicant)  which meant the charge exceeded the maximum limit permitted under the VAC Act.

This item lowers the second instalment of the base application charge so that the total combined charge is in accordance with the maximum limit permitted under the VAC Act. 

Item [205] -  Paragraph 1202A(2)(b) of Schedule 1 (table item 2, column headed "Applicant", paragraph ((a))

This item omits "((a)" and substitute "(a)" in paragraph 1202A(2)(b) of Schedule 1 to the Principal Regulations (table item 2, column head "Applicant", paragraph ((a)). The amendment corrects an error in the text.

Item [206] -  Subparagraph 1214A(3)(a)(ii) of Schedule 1

 

This item omits the word "service" from subparagraph 1214A(3)(a)(ii) of Schedule 1 to the Principal Regulations, and substitutes the words "service, or otherwise hand-delivered,". The amendment ensures that an application for a Medical Treatment (Visitor) (Class UB) visa may be hand delivered, as an alternative to the use of a courier service.

Item [207] -   Sub-subparagraph 1222(2)(a)(ix)(B) of Schedule 1

This item omits "(viii))" and substitute "(viii)" in sub-subparagraph 1222(2)(a)(ix)(B) of Schedule 1 to the Principal Regulations. The amendment corrects an error in the text.

Item [208] - Subitem 1223B(3) of Schedule 1

 

This item omits "448 (Kosovar Safe Haven (Temporary))" from subitem 1223B(3) of Schedule 1 to the Principal Regulations. The amendment omits reference to the redundant Subclass 448 (Kosovar Safe Haven (Temporary)) visa.

Item [209] -  Paragraph 1224A(3)(a) of Schedule 1 (note)

 

This item omits the note at paragraph 1224A(3)(a) of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [210] -  Paragraphs 1225(3)(a) and (b) of Schedule 1

 

This item omits "working holiday" from paragraphs 1225(3)(a) and (b) of Schedule 1 to the Principal Regulations, and substitutes "Subclass 417 (Working Holiday)". The amendment is consequential to the omission of the definition of 'working holiday visa' in subitem 1225(5).

Item [211] - Paragraph 1225(3)(b) of Schedule 1 (note)

 

This item omits the note at paragraph 1225(3)(b) of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [212] - Subitems 1225(3A) and (3B) of Schedule 1

 

This item omits "working holiday visa" (wherever occurring in subitems 1225(3A) and (3B) of Schedule 1 to the Principal Regulations), and substitutes "Subclass 417 (Working Holiday) visa". The amendment is consequential to the omission of the definition of 'working holiday visa' in subitem 1225(5)

Item [213] -  Subitem 1228(1) of Schedule 1

 

This item omits "and" and substitute "or" in subitem 1228(1) of Schedule 1 to the Principal Regulations. The amendment corrects an error, by making it clear that only one of the visa application forms needs to be completed.

 

Item [214] - Paragraphs 1229(3)(i) and (n) of Schedule 1

This item repeals paragraphs 1229(3)(i) and (n) of Schedule 1to the Principal Regulations. The amendment is consequential to the repeal of subitems 1229(3A), (3B), (5), (6) and (7).

Item [215] -  Subitem 1301(1) of Schedule 1

 

This item omits "47SK," from subitem 1301(1) of Schedule 1 to the Principal Regulations. The amendment removes form 47SK, which is no longer in use, from the list of visa application forms which are applications for the Bridging A (Class WA) visa.

 

Item [216] - Subitem 1301(1) of Schedule 1

 

This item omits "1001," from subitem 1301(1) of Schedule 1 to the Principal Regulations. The amendment removes form 1001, which is no longer in use, from the list of visa application forms which are applications for the Bridging A (Class WA) visa.

Item [217] -  Subitem 1301(1) of Schedule 1

 

This item omits "1096, 1182," from subitem 1301(1) of Schedule 1 to the Principal Regulations. The amendment removes forms 1096 and 1182, which are no longer in use, from the list of visa application forms which are applications for the Bridging A (Class WA) visa.

Item [218] -  Subitems 1303(1) and 1305(1) of Schedule 1

 

This item omits "47SK," from subitems 1303(1) and 1305(1) of Schedule 1 to the Principal Regulations. The amendment removes form 47SK, which is no longer in use, from the list of visa application forms which are applications for the Bridging C (Class WC) and Bridging E (Class WE) visa.

Item [219] -  Paragraph 010.211(4)(b) of Schedule 2

 

This item omits "Protection (Class AZ) or" from paragraph 010.211(4)(b) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

 

Item [220] -  Paragraphs 010.611(1)(b) and 010.611(2)(a) of Schedule 2

This item omits "Protection (Class AZ) or" from paragraphs 010.611(1)(b) and 010.611(2)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

 

Item [221] -  Paragraphs 020.212(4)(a) and 020.212(5)(a) of Schedule 2

This item omits "a Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or" from paragraphs 020.212(4)(a) and 020.212(5)(a) of Schedule 2 to the Principal Regulations. The amendment removes redundant references to repealed visas.

 

Item [222] - Paragraphs 020.611(1)(a), 020.611(2)(a) and 030.612(a) of Schedule 2

This item omits "Protection (Class AZ) or" from paragraphs 020.611(1)(a), 020.611(2)(a) and 030.612(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

 

Item [223] - Paragraph 050.212(4AAA)(b) of Schedule 2

This item omits "the Australian Citizenship Act 1948, or" from paragraph 050.212(4AAA)(b) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Australian Citizenship Act 1948.

Item [224] - Paragraph 050.212(8)(c) of Schedule 2

This item omits, from paragraph 050.212(8)(c) of Schedule 2 to the Principal Regulations, the words  "Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999", and  substitutes "Protection (Class XA) visa". The amendment removes a redundant reference to the repealed Protection (Class AZ) visa and a redundant reference to the commencement date of the Protection (Class XA) visa.

Item [225] -  Paragraph 050.212(9)(a) of Schedule 2

 

This item omits, from paragraph 050.212(9)(a) of Schedule 2 to the Principal Regulations, the words "a Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or". The amendment removes redundant references to repealed visas.

Item [226] -  Clause 050.511C of Schedule 2

 

This item omits "the Australian Citizenship Act 1948 or" from clause 050.511C of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Australian Citizenship Act 1948.

Item [227] - Clause 050.511D of Schedule 2

 

This item omits, from clause 050.511D of Schedule 2 to the Principal Regulations, the words "Australian Citizenship Act 1948 or the Australian Citizenship Act 2007", and  substitutes "Australian Citizenship Act 2007". The amendment removes a redundant reference to the repealed Australian Citizenship Act 1948.

Item [228] -  Clause 050.511D of Schedule 2 (note)

 

This item omits, from the note to clause 050.511D of Schedule 2 to the Principal Regulations, the words "the Australian Citizenship Act 1948 or". The amendment removes a redundant reference to the repealed Australian Citizenship Act 1948.

Item [229] -  Paragraph 050.613A(1)(a) of Schedule 2

 

This item omits paragraph 050.613A(1)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

 

Item [230] -  Paragraph 050.614(1)(a) of Schedule 2

 

This item omits paragraph 050.614(1)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

Item [231] - Paragraph 051.611A(1)(a) of Schedule 2

 

This item omits paragraph 050.611A(1)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the repealed Protection (Class AZ) visa.

Item [232] - Clause 100.111 of Schedule 2 (paragraph (a) of the definition of sponsoring partner)

 

This item omits, from the definition of sponsoring partner, in clause 100.111 of Schedule 2 to the Principal Regulations, all the words after "the grant", and substitutes the words "of the Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221(2)(a), (2A)(a), (3)(a), (4)(a) or (4A)(a); or". The amendment removes a redundant reference to the Subclass 309 (Spouse (Provisional)) visa.

Item [233] - Paragraph 100.221(2)(a) of Schedule 2

 

This item omits paragraph 100.221(2)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the Subclass 309 (Spouse (Provisional)) visa.

Item [234] - Paragraph 100.221(2A)(a) of Schedule 2

 

This item omits "Subclass 309 (Spouse (Provisional)) visa or a" from paragraph 100.221(2A)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the Subclass 309 (Spouse (Provisional)) visa.

Item [235] - Paragraph 100.221(3)(a) of Schedule 2

 

This item omits paragraph 100.221(2)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the Subclass 309 (Spouse (Provisional)) visa.

Item [236] - Paragraph 100.221(4)(a) of Schedule 2

 

This item omits paragraph 100.221(4)(a) of Schedule 2 to the Principal Regulations, and substitutes a new paragraph. The amendment removes a redundant reference to the Subclass 309 (Spouse (Provisional)) visa.

 

Item [237] - Paragraphs 100.221(4A)(a) and 100.321(a) of Schedule 2

 

This item omits the words "a Subclass 309 (Spouse (Provisional)) visa or" from paragraphs 100.221(4A)(a) and 100.321(a) of Schedule 2 to the Principal Regulations. The amendment removes redundant references to the Subclass 309 (Spouse (Provisional)) visa.

Item [238] - Sub-subparagraph 100.321(d)(ii)(A) of Schedule 2

 

This item omits the words "a Subclass 309 (Spouse (Provisional)) visa or" from subparagraphs 100.321(d)(ii)(A) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 309 (Spouse (Provisional)) visa.

 

Item [239] - Clauses 132.511, 186.511, 187.511, 189.511, and 190.511 of Schedule 2

 

This item omits the words "to, enter and remain in", and substitutes the words "to and enter" in clauses 132.511, 186.511, 187.511, 189.511, and 190.511 of Schedule 2 to the Principal Regulations. The amendment clarifies the language relating to the length of time that a permanent visa is in effect. A permanent visa permits the holder to remain indefinitely in Australia, and also permits the holder to travel to and enter Australia for five years from the date of grant. After the initial five year period the holder must obtain a resident return visa for future travel. The amendment aligns the identified clauses with the equivalent clauses for all other permanent visas.

Item [240] - Sub-subparagraph 202.211(2)(b)(iia) of Schedule 2

 

This item omits "; or" and substitutes "; and" in sub-subparagraph 202.211(2)(b)(iia) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of sub-subparagraph 202.211(2)(b)(iii)

Item [241] - Clause 300.111 (Note)

 

This item repeals the note at clause 300.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The note omits references to the definitions of "guardian" and "parent". These terms are not used in Subclass 300 and reference to the definitions is therefore redundant.

Item [242] - Paragraphs 300.212(2)(a) and 309.212(2)(b) of Schedule 2

 

This item omits "woman-at-risk" and substitutes "Subclass 204 (Woman at Risk)" in paragraphs 300.212(2)(a) and (b) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of the definition of "woman-at-risk visa" in clause 300.111 of Schedule 2.

Item [243] -  Paragraph 309.511(a) of Schedule 2

 

This item omits "a Spouse (Migrant) (Class BC) visa or" from paragraph 309.511(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Spouse (Migrant) (Class BC) visa.

 

Item [244] - Subclause 417.211(5) of Schedule 2

 

This item omits "working holiday visa)" from subclause 417.211(5) of Schedule 2 to the Principal Regulations, and substitutes "Subclass 417 visa". The amendment is consequential to the repeal of the definition of "working holiday visa" in clause 417.111.

Item [245] - Clause 417.222 of Schedule 2

 

This item omits "working holiday visa", wherever occurring, from clause 417.222 of Schedule 2 to the Principal Regulations, and substitutes "Subclass 417 visa". The amendment is consequential to the repeal of the definition of "working holiday visa" in clause 417.111.

Item [246] - Clauses 417.411 and 417.412 of Schedule 2

 

This item omits "working holiday visa" from clauses 417.411 and 417.412 of Schedule 2 to the Principal Regulations, and substitutes "Subclass 417 visa". The amendment is consequential to the repeal of the definition of "working holiday visa" in clause 417.111.

Item [247] - Paragraphs 417.511(2)(b) and (3)(b) of Schedule 2

 

This item omits "working holiday visa" from paragraphs 417.511(2)(b) and (3)(b) of Schedule 2 to the Principal Regulations, and substitutes "Subclass 417 visa". The amendment is consequential to the repeal of the definition of "working holiday visa" in clause 417.111.

Item [248] - Sub-subparagraph 445.223(3)(a)(ii)(A) of Schedule 2

This item omits ", 110, 801 or 814" and substitute "or 801" in sub-subparagraph  445.223(3)(a)(ii)(A) of Schedule 2 to the Principal Regulations. The amendment removes redundant references to repealed visas.

 

Item [249] -  Paragraph 445.223(4)(c) of Schedule 2

This item omits ", 110, 801 or 814" and substitutes "or 801" in paragraph  445.223(4)(c) of Schedule 2 to the Principal Regulations. The amendment removes redundant references to repealed visas.

Item [250] - Clause 445.511 of Schedule 2

 

This item omits "Interdependency (Provisional) (Class UG) visa, Spouse (Provisional) (Class UF) visa," from clause 445.511 of Schedule 2 to the Principal Regulations. The amendment removes redundant references to repealed visas.

 

 

Item [251] -  Clause 570.111 of Schedule 2 (note)

 

This item omits the note at clause 570.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [252] -  Sub-subparagraph 570.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 570.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [253] -  Paragraphs 570.312(4)(a) and (b) of Schedule 2

This item omits ", 563" from paragraphs 570.312(4)(a) and (b) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed visa.

Item [254] -  Paragraphs 570.332(2)(a) and (4)(a) of Schedule 2

This item omits "on or after 1 December 2003" from paragraphs 570.332(2)(a) and (4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 570.332(2) and (4) came into effect.

 

Item [255] - Clause 571.111 of Schedule 2 (note)

This item omits the note at clause 571.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

 

Item [256] - Sub-subparagraph 571.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 571.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal.

Item [257] - Sub-subparagraph 571.227(c)(i)(Q) of Schedule 2

This item repeals sub-subparagraph 571.227(c)(i)(Q) of Schedule 2 to the Principal Regulations, and substitutes sub-subparagraphs 571.227(c)(i)(P) and (Q). The amendment inserts a reference to the Temporary Work (Long Stay Activity) (Class GB) visa. This reference was inadvertently omitted from the amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4) (SLI No.238 of 2012) which amended the student visa criterion at subparagraph 571.227(c) to include reference to the new classes of temporary work visa.

Item [258] - Paragraph 571.312(4)(a) of Schedule 2

This item omits ", 563" from paragraphs 571.312(4)(a) and (b) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed visa.

[259] - Paragraphs 571.332(2)(a) and (4)(a) of Schedule 2

This item omits "on or after 1 December 2003" from paragraphs 571.332(2)(a) and (4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 571.332(2) and (4) came into effect.

Item [260] - Clause 572.111 of Schedule 2 (note)

This item omits the note at clause 572.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [261] - Sub-subparagraph 572.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 572.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [262] - Paragraph 572.312(4)(a) of Schedule 2

This item omits ", 563" from paragraph 572.312(4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 563 visa.

Item [263] - Paragraphs 572.332(2)(a) and (4)(a) of Schedule 2

This item omits "on or after 1 December 2003" from paragraphs 572.332(2)(a) and (4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 572.332(2) and 4 came into effect.

 

Item [264] - Clause 573.111 of Schedule 2 (note)

This item omits the note at clause 573.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [265] - Sub-subparagraph 573.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 573.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [266] - Paragraph 573.312(4)(a) of Schedule 2

 

This item omits ", 563" from paragraph 573.312(4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 563 visa.

Item [267] - Paragraph 573.332(2)(a) of Schedule 2

This item omits "on or after 1 December 2003" from paragraph 572.332(2)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 572.332(2) came into effect.

Item [268] - Subparagraph 573.332(4)(a)(i) of Schedule 2

This item omits "on or after 1 December 2003" from subparagraph 573.332(4)(a)(i) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclause 572.332(4) came into effect.

Item [269] - Clause 574.111 of Schedule 2 (note)

This item omits the note at clause 574.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [270] -  Sub-subparagraph 574.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 574.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [271] - Paragraphs 574.332(2)(a) and (4)(a) of Schedule 2

This item omits "on or after 1 December 2003" from subparagraphs 574.332(2)(a) and (4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 574.332(2) and (4) came into effect.

Item [272] - Clause 575.111 of Schedule 2 (note)

 

This item omits the note at clause 575.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

Item [273] - Sub-subparagraph 575.211(3)(c)(ii)(B) of Schedule 2

This item omits "368C," from sub-subparagraph 575.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [274] - Paragraph 575.312(4)(a) of Schedule 2

 

This item omits ", 563" from paragraphs 575.312(4)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 563 visa.

Item [275] - Paragraphs 575.332(2)(a) and (4)(a) of Schedule 2

This item omits "on or after 1 December 2003" from subparagraphs 575.332(2)(a) and 4(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the date on which the criterion at subclauses 575.332(2) and (4) came into effect.

Item [276] - Clause 576.111 of Schedule 2 (note)

 

This item omits the note at clause 576.111 of Schedule 2 to the Principal Regulations, and substitutes a new note. The amendment provides the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

 

Item [277] -  Sub-subparagraphs 576.211(3)(c)(ii)(B) and 580.211(3)(c)(ii)(B) of Schedule 2

 

This item omits "368C," from sub-subparagraphs 576.211(3)(c)(ii)(B) and 580.211(3)(c)(ii)(B) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to a repealed section of the Act dealing with notification of decisions of the Migration Review Tribunal

Item [278] - Paragraph 773.213(2)(la) of Schedule 2

 

This item omits "(Migrant)" and substitutes "(Permanent)" in paragraph 773.213(2)(la) of Schedule 2 to the Principal Regulations. The amendment corrects an error in the name of the Business Skills - Business Talent (Permanent) (Class EA) visa.

Item [279] - Paragraph 801.221(2A)(a) of Schedule 2

 

This item omits "a Subclass 820 (Spouse) visa or" from paragraph 801.221(2A)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 820 (Spouse) visa.

 

Item [280] - Subparagraph 801.311(2)(b)(i) of Schedule 2

This item omits "prospective marriage (temporary) visa" and substitutes "Subclass 300 (Prospective Marriage) visa" in subparagraph 801.311(2)(b)(i) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of the definition of "prospective marriage (temporary) visa" in clause 801.111.

Item [281] -  Paragraph 801.311(3)(a) of Schedule 2

This item omits "a Subclass 820 (Spouse) visa or" from paragraph 801.311(3)(a) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 820 (Spouse) visa.

Item [282] - Subparagraph 801.311(3)(ab)(i) of Schedule 2

This item omits "a Subclass 820 (Spouse) visa or" from subparagraph 801.311(3)(ab)(i) of Schedule 2 to the Principal Regulations. The amendment removes a redundant reference to the repealed Subclass 820 (Spouse) visa.

Item [283] - Clause 802.211 of Schedule 2

 

This item omits clause 802.211 of Schedule 2 to the Principal Regulations, and substitutes a new clause. The amendment removes redundant references to applicants who were subject to legislation in force prior to 1 September 1994.

Item [284] - Subclause 804.211(1) of Schedule 2

 

This item omits subclause 804.211(1) of Schedule 2 to the Principal Regulations, and substitutes a new subclause. The amendment removes redundant references to applicants who were subject to legislation in force prior to 1 September 1994.

Item [285]  Subclause 804.226(1) of Schedule 2 (table)

This item repeals the table in subclause 804.226(1) of Schedule 2 to the Principal Regulations and substitutes a new table.

The new table corrects the heading of column 3 by replacing the word "applicant" with the words "member of the family unit", as subclause 804.226(1) prescribes public interest criteria which are to be satisfied by a member of the family unit of a principal applicant for a Subclass 804 visa.  Similarly, in column 3 of the table in paragraph (b) of items 1 and 2, the word "applicant" is replaced with the word "person" to reflect that the relevant public interest criterion must be satisfied by the member of a family unit rather than by the principal applicant.

The new table also prescribes public interest criterion 4020 in column 3 of item 1, paragraph (b).  Public interest criterion 4020 was prescribed for these applicants by the Migration Legislation Amendment Regulation 2013 (No. 3) (No. 146, 2013), with effect from 1 July 2013.  However in that Regulation the location of public interest criterion 4020 was inadvertently misdescribed as ""After "4019"" rather than ""After "4010"" as intended.  This amendment puts beyond doubt the correct location of public interest criterion 4020.     

Item [286] - Clause 820.111 of Schedule 2 (definition of original sponsor)

This item omits, from clause 820.111 of Schedule 2 to the Principal Regulations, the words "prospective marriage (temporary) visa", and substitutes "Subclass 300 (Prospective Marriage) visa". The amendment is consequential to the repeal of the definition of "prospective marriage (temporary) visa" in clause 820.111.

Item [287] -  Clause 820.111 of Schedule 2 (subparagraphs (a)(i) and (b)(i) of the definition of sponsoring partner)

This item omits the words "prospective marriage (temporary) visa" from subparagraphs (a)(i) and (b)(i) of the definition of sponsoring partner in clause 820.111 of Schedule 2 to the Principal Regulations, and substitutes the words "Subclass 300 (Prospective Marriage) visa". The amendment is consequential to the repeal of the definition of "prospective marriage (temporary) visa" in clause 820.111.

 

Item [288] -  Paragraph 820.211(1)(b) of Schedule 2

 

This item omits "(3), (4)," from paragraph 820.211(1)(b) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

Item [289] -  Paragraph 820.211(2B)(a) of Schedule 2

 

This item omits "woman-at-risk" and substitute "Subclass 204 (Woman at Risk)" in paragraph 820.211(2B)(a) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of the definition of woman at risk visa in clause 820.111.

Item [290] -  Paragraph 820.211(5)(b) of Schedule 2

 

This item omits, from paragraph 820.211(5)(b) of Schedule 2 to the Principal Regulations, the words  "on or after 19 December 1989 as the holder of a prospective marriage (temporary) visa", and substitutes the words "as the holder of a Subclass 300 (Prospective Marriage) visa". The amendment is consequential to the repeal of the definition of prospective marriage (temporary) visa in clause 820.111, and also removes a redundant reference to "19 December 1989".

Item [291] -  Subclause 820.221(1) of Schedule 2

 

This item omits "(3), (4)," from subclause 820.221(1) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

Item [292] - Paragraphs 820.221(2)(a) and (3)(a) of Schedule 2

 

This item omits "(3), (4)," from paragraphs 820.221(2)(a) and (3)(a) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

 

Item [293] - Subclause 820.221(4) of Schedule 2

 

This item omits "(3)(f), (4)(f)," from subclause 820.221(4) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

 

Item [294] - Paragraphs 820.221A(a) and (b) of Schedule 2

 

This item omits "prospective marriage (temporary) visa" and substitute "Subclass 300 (Prospective Marriage) visa" in paragraphs 820.221A(a) and (b) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of the definition of prospective marriage (temporary) visa in clause 820.111.

Item [295] -  Subclause 820.223(2) of Schedule 2

 

This item omits "820.211(3), (4) or (5)" and substitutes "820.211(5)" in subclause 820.223(2) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

 

Item [296] - Paragraph 820.224(2)(a) of Schedule 2

 

This item omits "820.211(3), (4) or (5)" and substitute "820.211(5)" in paragraph 820.224(2)(a) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

Item [297] - Sub-subparagraph 820.311(a)(ii)(A) of Schedule 2

 

This item omits "prospective marriage (temporary) visa" and substitutes "Subclass 300 (Prospective Marriage) visa" in sub-subparagraph 820.311(a)(ii)(A) of Schedule 2 to the Principal Regulations. The amendment is consequential to the repeal of the definition of prospective marriage (temporary) visa in clause 820.111.

 

 

 

Item [298] - Paragraph 820.323(2)(a) of Schedule 2

 

This item omits "820.211(3), (4) or (5)" and substitutes "820.211(5)" in paragraph 820.323(2)(a) of Schedule 2 to the Principal Regulations.  The amendment is consequential to the repeal of subclauses 820.211(3) and (4) which contain redundant references to repealed visas and redundant references to applicants who entered Australia before 19 December 1989.

 

Item [299] - Paragraph 837.211(b) of Schedule 2

 

This item omits, from paragraph 837.211(b) of Schedule 2 to the Principal Regulations, the words "an entry permit or", and substitutes "a". The amendment removes a redundant reference to entry permits, which have not existed since 1 September 1994.

Item [300] - At the end of subclause 887.111(3) of Schedule 2

 

This item adds "or item 6D101 of Schedule 6D" at the end of subclause 887.111(3) of Schedule 2 to the Principal Regulations. The amendment corrects an error.

 

Item [301] - Clause 888.511 of Schedule 2

This item omits the words "to, enter and remain in", and substitutes the words "to and enter" in clause 888.511 of Schedule 2 to the Principal Regulations. The amendment clarifies the language relating to the length of time that a permanent visa is in effect. A permanent visa permits the holder to remain indefinitely in Australia, and also permits the holder to travel to and enter Australia for five years from the date of grant. After the initial five year period the holder must obtain a resident return visa for future travel. The amendment aligns clause 888.511 with the equivalent clauses for all other permanent visas.

Item [302] -  Paragraph 4011(2)(a) of Schedule 4

 

This item omits, from paragraph 4011(2)(a) of Schedule 4 to the Principal Regulations,  the words "or entry permit". The amendment removes a redundant reference to entry permits, which have not existed since 1 September 1994.

Item [303] - Subclause 4013(1) of Schedule 4

 

This item omits ", (2A), (3), (4), or (5)" and substitutes "or (2A)" in subclause 4013(1) of Schedule 4 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 4013(3) to (5) of Schedule 4 to the Principal Regulations.

Item [304] -  Paragraph 4013(1)(a) of Schedule 4

 

This item omits "or temporary entry permit" from paragraph 4013(1)(a) of Schedule 4 to the Principal Regulations. The amendment is consequential to the repeal of subclauses 4013(3) to (5) of Schedule 4 to the Principal Regulations.

 

Item [305] - Subclause 4014(1) of Schedule 4

 

This item omits, from subclause 4014(1) of Schedule 4 to the Principal Regulations, the words "either of the risk factors specified in subclauses (2) and", and substitutes the words "the risk factor specified in subclause". The amendment is consequential to the repeal of subclause 4014(2) of Schedule 4 to the Principal Regulations.

 

Item [306] - Paragraph 4014(5)(a) of Schedule 4

 

This item omits the words "or an entry permit held by the person expired, as the case requires" from paragraph 4014(5)(a) of Schedule 4 to the Principal Regulations. The amendment removes a redundant reference to entry permits, which have not existed since 1 September 1994.

Item [307] - Subparagraph 4014(5)(b)(i) of Schedule 4

This item omits the words "or an entry permit held by the person expired, as the case requires" from subparagraph 4014(5)(b)(i) of Schedule 4 to the Principal Regulations. The amendment removes a redundant reference to entry permits, which have not existed since 1 September 1994.

 

Item [308] - Sub-subparagraph 4014(5)(b)(ii)(B) of Schedule 4

This item omits the words "or an entry permit held by the person expired, as the case may be" from sub-subparagraph 4014(5)(b)(ii)(B) of Schedule 4 to the Principal Regulations. The amendment removes a redundant reference to entry permits, which have not existed since 1 September 1994.

Item [309] - Clause 5B101 of Schedule 5B (note)

 

This item omits the note at clause 5B101 of Schedule 5B to the Principal Regulations, and substitutes a new note. The amendment substitutes the correct reference for the definition of foreign country in the Acts Interpretation Act 1901.

 

 

Item [310] - Sub-subparagraph 8107(3)(a)(ii)(C) of Schedule 8

 

This item omits "sponsor." from sub-subparagraph 8107(3)(a)(ii)(C) of Schedule 8 to the Principal Regulations, and substitutes "sponsor; and". The amendment corrects the text of the sub-subparagraph.

Item [311] - Item 8517 of Schedule 8

 

This item omits "or Subclass 563 visa" from item 8517 of Schedule 8 to the Principal Regulations. The amendment removes a redundant reference to a repealed visa.

 

Part 8 -- Amendments relating to transitional arrangements

Migration Regulations 1994

Item [312] -  Part 6 of Schedule 13 (heading)

 

This item corrects editorial errors in the heading of Part 6 of Schedule 13 to the Principal Regulations.

 

Item [313] -  After Part 8 of Schedule 13

 

This item confirms an amendment previously made that was misdescribed.  Part 10 of Schedule 13 to the Principal Regulations was inserted by the Migration Legislation Amendment Regulation 2012 (No.4).  It was described as being inserted after Part 9, however there is no Part 9.  This amendment re-inserts Part 10 'after Part 8' and hence properly describes the amendment and ensures it has effect.

Item [314] - At the end of Schedule 13

This item adds a new Part 28 - Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014, to Schedule 13 to the Principal Regulations. 

New Part 28 has one item 2801 - Operation of Schedule 1 - which provides for the following transitional arrangements in respect of the amendments made to the Principal Regulations by Schedule 1 of this Regulation:

*         Subitem 2801(1) provides that the amendments made by Parts 1, 3, 4, 5 and 7 of Schedule 1 of this Regulation apply in relation to an application for a visa made on and after 22 March 2014.  The amendments made by these Parts of the Schedule do not apply to applications made before 22 March 2014;

*         Subitem 2801(2) provides that despite the repeal of provisions of the Principal Regulations by Parts 1, 3, 4, 5 or 7 of Schedule 1 to this Regulation, those provisions continue to apply in relation to an application for a visa that is taken to have been made by a person before, on or after 22 March 2014 in accordance with regulation 2.08, 2.08A or 2.08B.  Those regulations relate to the addition of a new-born child or other family member to an application that was made before 22 March 2014, where the newborn child or family member is added to the application before it is decided;   

*         Subitem 1208(3) provides that despite the repeal of Division 2.7 (Assurances of Support) by Part 1 of Schedule 1 to this Regulation, the provisions of the division continue to apply after 22 March 2014 to an Assurance of Support accepted by the Minister before 1 July 2004.  Division 2.7 applies to assurances of support accepted up until 1 July 2005.  This provision ensures that any remaining liability or obligation under an assurance of support accepted before that time continues to apply;  

*         Subitem 2801(4) provides that the amendments made by Part 6 of Schedule 1 to this Regulation apply to an application that was made before 22 March 2014 but not finally determined before that date, and to an application that is made on or after 22 March 2014.  Part 6 repeals the requirement to have complied substantially with past visa conditions in order to be granted a further student visa.  This is a beneficial amendment when applied to applications already made but not finally determined as well as to future applications; and

*         Subitem 1208(5) provides that if an instrument was made before 22 March 2014 under a provision of the Principal Regulations that was amended by Part 2 of Schedule 1 of this Regulation (which replaces a number of references to "a Gazette Notice" with references to "a legislative instrument made by Minister"), the instrument has effect on and after 22 March 2014 as if it had been made under the amended provision.  The subitem puts it beyond doubt that the relevant instruments continue to have effect despite the amendment of the provision.