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MIGRATION AMENDMENT REGULATIONS 1998 (NO. 9) 1998 NO. 304
EXPLANATORY STATEMENTSTATUTORY RULES 1998 NO. 304
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Amendment Regulations 1998 (No. 9)
Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
In addition, regulations may be made pursuant to the following powers:
- section 29 of the Act provides that the Minister may grant a visa to a non-citizen which permits the holder of the visa to travel to and enter, or remain, in Australia and that the Regulations may prescribe periods of validity of such visas;
- section 31 of the Act provides that the Regulations are to prescribe classes of visas and may prescribe criteria for visas of a specified class and whether visas are visas to travel to and enter, or remain, in Australia, or both;
- subsection 33(2) provides for regulations to be made which prescribe status of the purpose of the grant of special purpose visas;
- sections 40 and 41 of the Act provide that the Regulations may provide that visas or visas of a specified class may only be granted in specified circumstances and that visas or visas of a specified class are subject to specified conditions;
- subsection 45(1) of the Act provides that the Regulations may make provision in relation to applications for visas;
- subsection 45(2) of the Act provides that, without limiting the generality of subsection 45(1), the regulations may prescribe the way for making applications in specified circumstances, for making applications for visas of a specified class, or for making an application in specified circumstances for a visa of a specified class;
- section 45B of the Act provides that the amount of visa application charge is the amount, not exceeding the visa application charge limit, prescribed in relation to the application and that the amount prescribed may be nil;
- paragraph 45C(2)(b) provides that the Regulations may make provision for refunding a visa application charge or an amount of visa application charge;
- subsection 46(2) provides for prescribing a class of visas an application for which may be taken under the Regulations to have been validly made;
- paragraph 166(1)(b) of the Act provides that the Regulations may require information to be given to a clearance officer by persons who enter Australia; and
- subsection 166(2) of the Act provides for prescribing the way in which a person is to comply with paragraphs 166(1)(a) and (b).
The purpose of the Regulations is to amend the Migration Regulations, in particular to:
- amend the definition of "SOFA, [Status of Forces Agreement] forces civilian component member" and "SOFA forces member" to reflect the SOFA entered into with New Zealand (items 1101, 1102 and 1362);
- allow applications for Temporary Business Entry (Class UC) visas by the holders of APEC Business Travel Cards to be made by computer transmission and provide for such applications from permanent residents of Hong Kong (items 1107 to 1110, 1204 and 1501);
- provide a refund of the first and second instalments of the visa application charge to the holders of Resolution of Status ("RoS") temporary visas who are granted a non-RoS permanent visa applied for before the RoS visa application (item 1111);
- provide for the way of giving, and time of receipt of, notification of cancellations or proposed cancellations of visas (items 1112 to 1115 and 1117 to 1120); .
- exempt religious workers who apply for a permanent visa under a labour agreement, and their dependents, from the second instalment of the visa application charge (items 1103 and 1203);
- limit eligibility for Subclass 050 (Bridging Visa (General)) visas (item 1301);
- amend regulations relating to the immediate family members of holders of refugee & humanitarian visas (Subclasses 200 -217) so that Australian citizens may propose the entry of immediate family members. Members of the immediate family of the proposer must make an application within 5 years of the grant of the visa to the proposer (items 1306 - 1345);
- introduce to the Subclass 410 (Retirement) visa health insurance criteria and updated financial criteria which reflect changes in the Consumer Price Index. Applicants who make, or who made, an initial Subclass 410 visa application on or after 1 December 1998 will be subject to the revised criteria. Applicants who hold, or who applied for, an initial Subclass 410 or equivalent visa, before 1 December 1998 will continue to be considered under existing arrangements (items 1346 - 1356); and
- make minor technical and consequential amendments (items 1104 - 6, 1108, 1116, 1201, 1303, 1304, 1357 - 1361 and 1401).
Details of the Regulations are set out in the Attachment.
The Regulations commence on 1 December 1998.
ATTACHMENT
Regulation 1 - Name of regulations
This regulation provides that these regulations are the Migration Amendment Regulations 1998 (No. 1).
Regulation 2 - Commencement
This regulation provides that these regulations commence on 1 December 1998.
Regulation 3 - Amendment of Migration Regulations
This regulation provides that the Migration Regulations are amended as set out in Schedule 1 to these regulations.
Schedule 1 - Amendments of Migration
Part 1 - Amendments of Parts 1. 2 and 5
Item 1101 -Regulation 1.03, definition of SOFA forces civilian component member, paragraph (a)
This item inserts a definition of "SOFA forces civilian component member" in regulation 1.03 to include New Zealand in the countries listed in that definition. The inclusion of New Zealand in the above definitions reflects the Status of Forces Agreement ("SOFA") which shall come into force between the Government of Australia and the Government of New Zealand on exchange of notes confirming that each Party has completed its domestic requirements for the entry into force of the Agreement.
Item 1102 - Regulation 1.03, definition of SOFA forces civilian member, paragraph (a)
This item inserts a definition of "SOFA forces member" is inserted in regulation 1.03 to include New Zealand in the countries listed in that definition.
Item 1103 -Regulation 1.03
This item inserts a definition of "religious institution" in regulation 1.03 to mean a religious institution within the meaning of paragraph 23(e) of the Income Tax Assessment Act 1936, the income of which is exempt from income tax under that paragraph.
Item 1104 - Regulation 1.20J(1)(d)
Item 1105 -Regulation 1.20J(I)(e)
Items 4 and 5 make minor technical amendments to paragraphs 1.20J(1)(d) and (1)(e) respectively.
Item 1106 -Regulation 2.07AA
This item makes a technical amendment to regulation 2.07AA.
Item 1107 - After subregulation 2.07AAR)
This item inserts new subregulation 2.07AA(2), which provides for the making of a valid application for a Temporary Business Entry (Class UC) visa by an applicant for an APEC Business Travel Card ("ABTC"). Such a person must hold a valid passport issued by a designated APEC economy, or, in the case of permanent residents of Hong Kong, any valid passport, and must have applied to his or her Government for an ABTC. The application is validly made if the applicant's Government sends the ABTC application, or a copy of it, by written communication or in any other manner approved by the Minister, or sends the information contained in that application by computer, to an office mentioned in new subparagraph 2.10(1)(b)(iii).
Item 8 - Subparagaph 2.10(1)(b)(ii)
This item makes a minor consequential technical amendment to subparagraph 2.10(1)(b)(ii).
Item 1109 - After subparagraph 2.10(1)(b)(ii)
This item inserts new subparagraph 2.10(1)(b)(iii) to provide that an application for a Temporary Business Entry (Class UC) visa made by an applicant for an ABTC must be made at an office of Immigration approved in writing by the Minister.
Item 1110 - After subregulation 2.10(2)
This item inserts new subregulation 2.10(2) inserts new subregulation 2.10(2A), which provides that an application for a Temporary Business Entry (Class UC) visa by p ABTC applicant is made at an office of Immigration if the ABW application is sent to that office by the applicant's home government in accordance with paragraph 2.07AA(2)(c).
Item 1111 - After regulation 2.12J
This item inserts new regulation 2.12J into the Regulations.
New subregulation 2.12J(1) provides for a refund of the first and second instalments of the visa application charge to a holder of a Resolution of Status (RoS) (Temporary) visa who is granted a nonRoS permanent visa that was applied for before the application for the RoS visa was made.
New subregulation 2.12J(2) provides that the refund must be paid to the applicant or, if the applicant has died, to the applicant's legal personal representative.
New subregulation 2.12J(3) states that the receipt given by a deceased applicant's legal personal representative is a valid discharge of any liability of the Commonwealth under regulation 2.12J.
New subregulation 2.12J(4) provides that if the second instalment of the visa application charge was paid in a currency other than Australian currency, the refund of the amount of the second instalment may be paid in that other currency.
Items 1112 to 1115
These items insert a Note at regulations 2.42, 24.44, 2.45 and 2.47 to provide that reference should be made to regulations 5.02, 5.02A and 5.03, when determining when an applicant received a document, notice, invitation or statement.
Item 1116 -Regulation 2.49
This item makes a minor technical amendment to regulation 2.49.
Item 1117
This item inserts a Note at regulation 2.49 to provide that reference should be made to regulations 5.02, 5.02A and 5.03, when determining when an applicant received a document, notice, invitation or statement.
Item 1118 -After regulation 5.02
This item inserts new regulation 5.02A to provide that for the Act and Regulations, a document concerning the proposed cancellation, or cancellation, of a visa under the Act must be served on the person who is the holder, or former holder, of the visa;
* by giving it to the person personally; or
* by sending it to the person's residential or business address last known to the Minister; or
* if the person is in immigration detention - in accordance with regulation 5.02.
Item 1119 - Subregulation 5.03(1A)
This item substitutes subregulation 5.03(1A) to provide that documents sent by the Minister, a Tribunal or a review officer can be taken to be received by;
* an applicant, of any kind, under the Act or Regulations; or
* the holder, or former holder, of a visa.
Item 1120 - Subregulation 5.03(1)
This item replaces the reference to "the applicant" in subregulation 5.03(1) with "the person to whom it was sent". This amendment ensures that the regulation 5.03 is not limited in its application to applicants only.
Part 2 - Amendments of Schedule 1
1201 - Subparagraph 1121(2)(b)(i)
1202 - Subparagraph 1121(2)(b)(ii)
Items 1201 and 1202 make minor consequential amendments to subparagraphs 1121(2)(b)(i) and 1121(2)(b)(ii) respectively.
1203 - Subparagaph 1121(2)(b)(iii)
This item substitutes new subparagraphs 1121(2)(b)(iii) and 1121(2)(b)(iv) which exempts religious workers who seek to enter Australia to work in accordance with a labour agreement, and their family members, from paying the second instalment of the visa application charge. Subparagraph 1121(2)(b)(iv) provides that for a Labour Agreement (Migrant) (Class AU) visa there is no visa application charge payable in any other case.
1204 - Paragraph 1223A(1)(c)
This item omits paragraph 1223A(1)(c) and substitutes a new paragraph. New paragraph 1223A(1)(c) provides that there is no prescribed form for an application for a Temporary Business Entry (Class UC) visa made by a person who applies in accordance with new subregulation 2.07AA(2) inserted by the Regulations.
Part 3 - Amendments of Schedule 2
Item 1301 - Subclause 050.212(6)
This item substitutes new subclause 050.212(6) which limits eligibility for a Subclass 050 (Bridging visa (General)) visa. Eligibility under subclause 050.212(6) will no longer be based solely upon a person seeking exercise of the Minister's non-compellable power to substitute a more favourable decision for a decision of a review authority under section 345, 351, 391, 417 or 454 of the Act and that request being undecided.
New paragraph 050.212(6)(a) provides that an applicant meets the requirements of subclause 050.212(6) if.
* a decision has been made regarding the applicant, in relation to which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and
* the applicant is being assessed against the Minister's guidelines for the identification of decisions in relation to which the Minister may think that it is in the public interest to substitute more favourable decisions; and
* the applicant has not previously sought the exercise of that power, or had the exercise of that power requested by another person on their behalf, in relation to that decision.
New paragraph 050.212(6)(b) alternatively provides that the applicant meets the requirements of subclause 050.212(6) if the Minister is personally considering whether to exercise, or consider the exercise of, the Minister's powers to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act in relation to the applicant.
New paragraph 050.212(6)(c) alternatively provides that the applicant meets the requirements of subclause 050.212(6) if the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority, but the effect of the more favourable decision has been delayed because of a determination under section 85 of the Act.
The situation above could occur where the Minister has decided to substitute a more favourable decision, which is to grant the applicant a visa of a Class which is subject to a "cap" under section 85 of the Act. Where the cap has been reached in relation to the relevant visa, the effect of the decision will be postponed until a visa can be granted under the capped visa Class or Subclass,
Item 1302 - Clause 102.111, definition of child for adoption
This item makes a minor technical amendment.
Item 1303 - Part 105, heading
Item 1304 - Part 106, heading
Items 1303 and 1304 make minor technical amendments to the headings of Parts 105 and 106 of Schedule 2 to the Regulations respectively.
Item 1305 - Paragraph 200.211(2)(a)
This item inserts a reference to an Australian citizen at paragraph 200.211(2)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1306 - After paragraph 200.211(2)(a)
This item inserts new paragraph 200.211(2)(aa) to provide that an application for a Subclass 200 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 200 visa to the proposer.
Item 1307 - Paragraph 201.211(2)(a)
This item inserts a reference to an Australian citizen at paragraph 201.211(2)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1308 - After paragraph 201.211(2)(a)
This item inserts new paragraph 201.211(2)(aa) to provide that an application for a Subclass 201 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 201 via to the proposer.
Item 13 09 - Paragraph 202.211(2)(a)
This item inserts a reference to an Australian citizen at paragraph 202.211(2)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 13 10 -After paragraph 202.211(2)(b)
This item inserts new paragraph 202.211(2)(ba) to provide that an application for a Subclass 202 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 202 visa to the proposer.
Item 1311 - Paragraph 203.211(2)(a)
This item inserts a reference to an Australian citizen at paragraph 203.211(2)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1312 - After paragraph 203.211(2)(a)
This item inserts new paragraph 203.211(2)(aa) to provide that an application for a Subclass 203 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 203 visa to the proposer.
Item 1313 - Paragraph 204.211(2)(a)
This item inserts a reference to an Australian citizen at paragraph 204.211(2)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1314 - After Paragraph 204.211(2)(a)
This item inserts new paragraph 204.211(2)(aa) to provide that an application for a Subclass 204 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 204 visa to the proposer.
Item 1315 - Clause 204.222
This item makes a minor technical amendment to clause 204.222, the effect of which is to make new clauses 204.222 and 204.222A.
Item 1316 - Paragraph 209.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 209.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1317 - After paragraph 209.211(3)(a)
This item inserts new paragraph 209.211(3)(aa) to provide that an application for a Subclass 209 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 209 visa to the proposer.
Item 1318 - Clause 209.229
This item amends clause 209.229 such that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criterion of clause 209.229.
Item 1319 - Paragraph 210.21
This item inserts a reference to an Australian citizen at paragraph 210.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1320 - After paragraph 210.211(3)(a)
This item inserts new paragraph 210.211(3)(aa) to provide that an application for a Subclass 210 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 2 10 visa to the proposer.
Item 1321 - Clause 210.215
This item amends clause 210.215 such that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criterion of clause 210.215.
Item 1322 - Clause 210.224
This item makes a minor technical amendment to clause 210.224.
Item 1323 - Paragraph 211.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 211.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1324 - After Paragraph 211.211(3)(a)
This item inserts new paragraph 211.211(3)(aa) to provide that an application for a Subclass 211 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 211 visa to the proposer.
Item 1325 - Subclause 211.213(1)
Item 1326 - Clause 211.228
Items 1325 and 1326 amend subclause 211.213(1) and clause 211.228, respectively, to provide that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criteria of clause 211.213 or 211.228.
Item 1327 - Subdivision 211,32
This item makes minor technical amendments to Subdivision 211.32.
Item 1328 - Paragraph 212.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 212.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1329 - After paragraph 212.211(3)(a)
This item inserts new paragraph 212.211(3)(aa) to provide that an application for a Subclass 212 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 212 visa to the proposer.
Item 1330 -Clause 212.225
This item makes a minor technical amendment to clause 212.225.
Item 1331 - Clause 212.228
This item amends clause 212.228 such that an applicant who is a member of the immediate family of the proposer is not required to satisfy the criterion of clause 212.228.
Item 1332 - Paragraph 213.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 213.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1333 - After Paragraph 213.211(3)(a)
This item inserts new paragraph 213.211(3)(aa) to provide that an application for a Subclass 213 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 213 visa to the proposer.
Item 1334 - Subclause 213.211 (1)
Item 1335 - Clause 213.228
Items 1334 and 1335 amend subclause 213.213(1) and clause 213.228, respectively, such that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criteria of clause 213.213 or 213.228.
Item 1336 - Paragraph 215.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 215.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1337 - After paragraph 215.211(3)(a)
This item inserts new paragraph 215.211(3)(aa) to provide that an application for a Subclass 215 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 215 visa to the proposer.
Item 1338 - Clause 215.224
This item amends clause 215.224 such that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criterion of clause 215.224.
Item 1339 -Paragraph 216.211(3)(a)
This item inserts a reference to an Australian citizen at paragraph 216.211(3)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1340 - After paragraph 216.211(3)(a)
This item inserts new paragraph 216.211(3)(aa) to provide that an application for a Subclass 216 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 216 visa to the proposer.
Item 1341 - Clause 216.213
Item 1342 - Clause 216.224
Items 1341 and 1342 amend clauses 216.213 and 216.224, respectively, such that an applicant, who is a member of the immediate family of the proposer, is not required to satisfy the criteria of clause 216.213 or 216.224.
Item 1343 - Paragraph 217.211(5)(a)
This item inserts a reference to an Australian citizen at paragraph 217.211(5)(a) so that Australian citizens may propose the entry of members of their immediate family.
Item 1344 - After paragraph 217.211(5)(a)
This item inserts new paragraph 217.211(5)(aa) to provide that an application for a Subclass 217 visa by a member of the immediate family of a proposer must be made within 5 years of the grant of the Subclass 217 visa to the proposer.
Item 1345 - Clause 217.224
This item amends clause 217.224 such that an applicant who is a member of the immediate family of the proposer is not required to satisfy the criterion of clause 217.224.
Item 1346 - Clause 410.111
This item introduces health insurance and updates financial criteria in line with indexation for Subclass 410 visa applicants, who make, or who made, their initial application on or after 1 December 1998.
This item substitutes new clause 410.111 which defines an "equivalent visa". The definition reinstates the existing visa class references in clause 410.111 and also includes a Transitional (Temporary) (Class UA) visa that was granted on the basis of an application for a Class 410 (retirement) visa or entry permit under the Migration (1993) Regulations, or a retirement (code number 410) visa or entry permit under the Migration (1989) Regulations.
This item also defines "established applicant" as a person who either:
* holds a Subclass 410 (Retirement) visa or "equivalent visa"; or
* if in Australia, and not the holder of a substantive visa, the last substantive visa held by the
applicant was a Subclass 410 (Retirement) visa or "equivalent visa"; and
* either:
- held a Subclass 410 (Retirement) visa or "equivalent visa" on 30 November 1998; or was
granted a Subclass 410 (Retirement) visa on the basis of an application made before
1. December 1998; and
- has not held a substantive visa other than a Subclass 410 (Retirement) visa since becoming the holder of a Subclass 410 or "equivalent visa" on 30 November 1998, or since being granted a Subclass 410 on the basis of an application made before 1 December 1998.
The purpose of defining an "established applicant" is to ensure that the arrangements for retirees who applied for and were granted retirement visas under the pre-1 December 1998 scheme are not substantially changed. The objective is to ensure that visa holders under the previous scheme can seek the grant of further retirement visas without having to meet the new requirements.
Item 1347 - After subparagraph 410.211(2)(a)(ii)
This item inserts new subparagraph 410.211(2)(a)(iii). This provides for applicants who hold a Transitional (Temporary) (Class UA) visa to meet the criteria found at clause 410.211 if that visa was granted, or taken to be held by a person, on the basis of an application for a visa which is equivalent to the Subclass 410 visa.
Item 1348 - Clause 410.226
This item replaces the reference to "a rollover applicant" in clause 410.226 with "an established applicant". This will ensure that an "established applicant" is required to meet relevant public interest criteria when seeking the grant of a further Subclass 410 visa.
Item 1349 - Clause 410.227
This item substitutes new clause 410.227 which provides for updated financial, health insurance and public interest criteria to be applied in relation to Subclass 410 (Retirement) visa applicants who are not "established applicants".
In particular, new paragraph 410.227(a) requires that either:
* the resources of the applicant, or if the applicant has a spouse, the combined resources of the applicant and the applicant's spouse, if any, available for transfer to Australia are at least:
- $650,000; or
- if the applicant is the parent of an Australian citizen usually resident in Australia, an
Australian permanent resident or an eligible New Zealand citizen - at least $600,000; or
* the resources of the applicant, or if the applicant has a spouse, the combined resources of the applicant and the applicant's spouse, available for transfer to Australia are at least $200,000, and the applicant and the applicant's spouse, if any, have:
- pension rights; or
- capital for investment; or
- both pension rights and capital for investment;
being in total enough to provide an annual income of at least $45,000; or
* the applicant is the parent of an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen and the resources of the applicant, or if the applicant has a spouse, the combined resources of the applicant and the applicant's spouse, available for transfer to Australia are at least $180,000, and the applicant and the applicant's spouse, if any, have:
- pension rights; or
- capital for investment; or
- both pension rights and capital for investment;
being in total enough to provide an annual income of at least $42,000.
New paragraph 410.227(b) will have the same effect as the omitted paragraph 410.227(b). The new paragraph requires that both the applicant and the applicant's spouse, if any, satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014.
New paragraph 410.227(c) will have the same effect as the omitted paragraph 410.227(c). The new paragraph requires that if the application was made in Australia, and at the time of application the applicant had satisfied the primary criteria for a Student (Temporary) (Class TU) visa and was the holder of such a visa:
* in the case of an applicant who is a private subsidised student, the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; and
* in the case of an applicant who is a student under a scholarship scheme or training program approved by AusAID, the applicant has the support of AusAID for the grant of the visa.
New paragraph 410.227(d) requires that the applicant produce to the Minister evidence of adequate health insurance arrangements in Australia for the period of the applicant's intended stay in Australia.
Item 1350 - Clause 410.313
This item omits clause 410.313, which required, at the time of application, persons satisfying the secondary criteria to have complied substantially with the conditions applying to any visa held, or last held. This criterion is now to be found in clause 410.324 (inserted by item 1353) and will have to be met at the time of decision.
Item 1351 - Clause 410.322
This item substitutes new clause 410.322 that requires the spouse of an established applicant to satisfy public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
Item 1352 - Clause 410.323
This item substitutes new clause 410.323 requires applicants who are not the spouse of an "established applicant" to produce evidence to the Minister of adequate means of support and of adequate health insurance arrangements during the period of their intended stay in Australia. This clause also requires these applicants to satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014.
Item 1353 - Clause 410.324
This item requires that if the application is made in Australia, the applicant must have complied with the conditions that:
* apply to any visa held by the applicant; or
* applied to any visa held by the applicant immediately before becoming an unlawful non-citizen.
Item 1354 - Paragraph 410.511 (a)
This item substitutes new paragraph 410.511 (a). The effect of the new paragraph is to give an applicant who holds, or whose last substantive visa was, a Subclass 410 visa or an "equivalent visa" two years to travel to, enter and remain in Australia.
Item 1355 - Clause 426.326
Item 1356 - Paragraph 430.323(a)
Item 1357 - Paragraph 675.221(2)(e)
Item 13 58 - Paragraph 676.221(2)(f)
Item 1359 - Paragraph h 685.2210(0
Item 1360 - Paragraph 686.221(2)(f)
Item 1361 - Paragraph 819.311 (a)
These items make minor technical amendments to the relevant provisions.
Item 1362
This item amends the Note following subclause 820.211(2A) to include Malaysia and New Zealand in the countries listed in that Note.
Part 4 - Amendments of Schedule 8
Item 1401 - Schedule 8A
This item makes a technical amendment to Schedule 8A of the Regulations.
Part 5 - Amendments of Schedule 9
Item 1501 -Part 1 item 22
This item omits item 22 from Part 1 of Schedule 9 and substitutes new item 22. New item 22 prescribes that the evidence of identity which an ABTC holder must present on immigration clearance is either a passport of a designated APEC economy or, in the case of a permanent resident of Hong Kong, any valid passport.