MIGRATION AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 94

Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 94

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 94

Issued by the Minister for Immigration and Multicultural and Indigenous Affairs

Migration Act 1958

Migration Amendment Regulations 2003 (No. 2)

Subsection 504(1) of the Migration Act 1958 (the Act) 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, Regulations may be made pursuant to the powers listed in Attachment A.

The purpose of the Regulations is to amend the requirements for making valid visa applications for certain visa classes, amend the criteria for the grant of certain visa subclasses, amend the way of giving evidence for certain visa holders and rectify unintended consequences of certain previous amendments made to bridging visa, entertainment visa and permanent partner visa provisions.

The Regulations effect changes to the Migration Regulations 1994 (the Migration Regulations) to:

• amend the Extended Eligibility (Temporary) (Class TK) visa provisions in Schedule 1 to require:

- applications by applicants in Australia for this visa to be made by post or courier service to an address specified in a Gazette Notice. This ensures the more efficient processing of Class TK visa applications made in Australia by requiring them to be sent directly to the relevant processing centre; and

- applicants applying for this visa to be in Australia in order to make an application in Australia. This ensures consistency with clause 445.412 of Schedule 2 which requires the applicant to be in Australia at time of grant if the application is made in Australia [item 2202];

• fine-tune certain business skills visa provisions, which introduced a two-stage processing scheme for business skills migration on 1 March 2003. In particular, the amendments:

- enable student visa holders who apply as secondary applicants for a Business Skills (Provisional) (Class UR) visa in Australia, to make an application for a Bridging A (Class WA) visa at the same time as making an application for a Class UR visa;

- make it clear that businesses which have been established outside Australia cannot be included for the purposes of meeting the business requirements in Subclass 890 (Business Owner) and Subclass 892 (State/Territory Sponsored Business Owner); and

- amend the definition of member of the family unit for Business Skills (Residence) (Class DF) visa applicants to ensure that certain former dependants, for example, can be eligible for the grant of permanent residence [items 2101, 2204, 2326 - 2333];

• amend certain bridging visa provisions to enable certain applicants for an Aged Parent (Residence) (Class BP) visa, a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:

- to be entitled to the automatic grant of a Subclass 010 (Bridging A) visa (BVA) under regulation 2.21A (relating to the grant of a BVA without making an application);

- to be granted a further BVA where the applicant holds, or has previously held, a BVA granted under regulation 2.21 A; and

- who are granted a BVA under regulation 2.21A, to have the same visa conditions imposed as on the visa they held at the time of the BVA grant [items 2103, 2301, 2302 - 2304];

• amend certain entertainment visa provisions to:

- require that applicants who are in an entertainment body must themselves be outside Australia to access the group discounted visa application charge;

- make technical amendments to clarify the formula used to determine the group discounted visa application charge;

- remove the ability to be granted a Subclass 420 (Entertainment) visa on the basis of being a model or mannequin, as such applicants are eligible for a Subclass 457 (Business (Long Stay)) visa;

- clarify that secondary applicants, who are in Australia at time of decision, must have complied substantially with the conditions on their last substantive visa and on any subsequent bridging visas held by the applicant in order to be eligible for the grant of a Subclass 420 (Entertainment) visa [items 2201, 2316 - 2319];

• amend the bridging visa provisions to ensure that an applicant may be granted a Subclass 050 (Bridging (General)) visa if, in circumstances where an applicant is under consideration for the exercise of the Minister's intervention powers, the decision that may be substituted relates to a visa application made in Australia or a decision to cancel a visa [items 1101 -1105];

• amend the Subclass 428 (Religious Worker) visa provisions to reflect that Immigration is moving towards entering into written agreements with sponsoring religious organisations, and to provide as criteria for the grant of the visa that, where such an agreement exists, the applicant must intend to occupy the position specified in the agreement while he or she is in Australia [item 2320];

• allow registered nurses to have a "no further stay" condition waived without having to show a level of English language proficiency [item 2102];

• require students who are included in a class of persons specified by a Gazette Notice to lodge their student visa applications at an address specified by the Minister. The Gazette Notice shall describe a class of persons by a person's citizenship and location [item 2203];

• lower the age at which an applicant for a Temporary Protection, Temporary Humanitarian Concern or Protection visa is required to undergo a chest x-ray to be eligible for the grant of the visa. The age is lowered from 16 to 11 years. This requirement is subject to certain limited exceptions, such as where the applicant is pregnant [items 2323 - 2325, 2401, 2402];

• enable some holders of a Subclass 676 (Tourist (Short Stay)) visa to travel to and enter Australia without it being necessary for the visa to be evidenced by a visa label in their passport. Essentially, the class of persons affected by these amendments will be specified by the Minister in a Gazette Notice [items 2104, 2322, 2501];

• ensure that in ministerial intervention cases, a permanent partner visa may be granted to a secondary applicant who, at the time of decision for that visa, is no longer a dependent child or member of the family unit of a person who held a Dependent Child or provisional partner visa [items 1106 - 1109];

• rectify deficiencies in the cessation provisions for Subclass 050 (Bridging (General)) visas granted to persons seeking judicial or merits review, or revocation, of visa cancellation decisions [items 2305 - 2315]; and

• no longer require a secondary applicant for a Subclass 457 (Business (Long Stay)) visa to only intend to stay in Australia temporarily in order to reflect the policy that the Business (Long Stay) visa can be used as a pathway to permanent residence [item 2321].

Details of the Regulations are set out in Attachment B.

The amendments made by items [1101], [1102], [1103] and [1104] of the Regulations have a retrospective effect in certain cases. These items amend the time of application criteria for a Subclass 050 visa. They ensure that a Subclass 050 (Bridging (General)) visa can be granted to an applicant who is the subject of a decision that may be substituted by the Minister and which relates to the cancellation of a visa or the refusal of a bridging visa. The grant of a Subclass 050 visa in these circumstances was inadvertently omitted as a consequence of amendments made to Part 050 of Schedule 2 by Statutory Rules No. 348 of 2002.

These changes do not infringe subsection 48(2) of the Acts Interpretation Act 1901 as the changes are beneficial in nature, and do not affect the rights of any person so as to disadvantage that person. Nor do they impose liabilities on any person in respect of anything done, or omitted to be done, before the date of notification.

Regulation 5 and Schedule 2 to these Regulations commence on 1 July 2003. Amendments to Migration Regulations are made 3 times per year. These changes constitute part of the "July Round". Having fixed commencement dates for each of the 3 "Rounds" minimises impact on clients and staff.

Regulations 1 to 4 and Schedule 1 to these Regulations commence on gazettal. These amendments rectify unintended consequences of amendments made to permanent partner and certain bridging visa provisions by Statutory Rules No. 299 and 348 of 2002 respectively. It is therefore desirable that regulations 1 to 4 and Schedule 1 commence without delay.

ATTACHMENT A

In addition, the following provisions may apply:

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

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

• subsection 41(2) of the Act provides that, without limiting subsection 41(1), the regulations may provide that a visa, or visas of a specified class, are subject to a condition imposing restrictions about the work that may be done in Australia by the holder, which, without limiting the generality of this paragraph, may be restrictions on doing any work, work other than specified work or work of a specified kind;

• subsection 41(2A) of the Act provides that the Minister may, in prescribed circumstances, by writing, waive a condition of the kind described in paragraph 41(2)(a) to which a particular visa is subject under regulations made for the purposes of that paragraph. Under paragraph 41(2)(a), the regulations may provide that a visa of a specified class is subject to a "no further stay" condition despite anything else in the Act;

• subsection 41(3) of the Act provides that, in addition to any conditions specified under subsection 41(1), the regulations may, for the purposes of this subsection, permit conditions which the Minister may specify that a visa is subject to;

• subsection 45B(1) of the Act provides that the regulations may prescribe the amount that is the amount of visa application charge, not exceeding the visa application charge limit;

• section 46 of the Act deals with when an application for a visa is a valid application. In particular:

- subsection 46(2) provides that 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, and under the regulations, the application is taken to have been validly made;

- subsection 46(3) provides that the regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application; and

- subsection 46(4) provides that, without limiting subsection 46(3), the regulations may also prescribe the circumstances that must exist for an application for a visa of a specified class to be a valid application, how and where an application for a visa of a specified class must be made, and where an applicant must be when an application for a visa of a specified class is made;

• subsection 52(1) of the Act provides that a visa applicant or interested person must communicate with the Minister in the prescribed way;

• subsection 52(2) of the Act provides that the regulations may prescribe different ways of communicating and specify the circumstances when communication is to be in a particular way;

• section 70 of the Act provides that if a non-citizen is granted a visa, an officer is to give the non-citizen evidence of the visa, subject to the regulations;

• subsection 71(1) of the Act provides that evidence of a visa is to be given in a way prescribed for giving the evidence;

• subsection 71(2) of the Act provides that the regulations may provide that the way in which evidence of a visa or a visa of a class is to be given is to depend on the circumstances in which it is given;

• section 166 of the Act provides that a person who enters Australia (other than a person referred to in sections 168 and 169) must give evidence of their identity and provide certain information, and must do so in a prescribed way; and

• paragraph 504(1)(e) of the Act provides that the Governor-General may make regulations which make provision for and in relation to the giving of documents to, the lodging of documents with or the service of documents on, the Minister, the Secretary or any other person or body, for the purposes of this Act.

ATTACHMENT B

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 2003 (No. 2).

Regulation 2 - Commencement

This regulation provides that regulations 1 to 4 and Schedule 1 to these Regulations commence on gazettal, and regulation 5 and Schedule 2 to these Regulations commence on 1 July 2003.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that Schedules 1 and 2 amend the Migration Regulations 1994 (the Migration Regulations).

Regulation 4 - Transitional - amendments made by Schedule 1

Regulation 4 provides that the amendments made by Schedule 1 to these Regulations apply in relation to an application for a visa:

• made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958 (the Act)), before the date of commencement of Schedule 1; or

• made on or after the date of commencement of Schedule 1.

Schedule 1 to these Regulations commences on gazettal. Schedule 1 contains amendments to criteria to be satisfied at the time of application.

The amendments made by items [1101] to [1104] of the Regulations have a retrospective effect in certain cases. These items amend the time of application criteria for a Subclass 050 (Bridging (General)) visa. They ensure that a Subclass 050 visa can be granted to an applicant who is the subject of a decision that may be substituted by the Minister and which relates to the cancellation of a visa or the refusal of a bridging visa. The grant of a Subclass 050 visa in these circumstances was inadvertently omitted as a consequence of amendments made to Part 050 of Schedule 2 by Statutory Rules No. 348 of 2002.

Regulation 5 - Transitional - amendments made by Schedule 2

Subregulation 5(1) provides that the amendment made by item [2321] applies in relation to an application for a visa:

• made, but not finally determined (within the meaning of subsection 5(9) of the Act), before 1 July 2003; or

• made on or after 1 July 2003.

Subregulation 5(2) provides that the amendments made by items [2103], [2301] to [2320], [2322] to [2325], [2327], [2328], [2331], [2332], [2401] and [2402] apply in relation to an application for a visa made on or after 1 July 2003.

Schedule 1 - Amendments commencing on gazettal

Part 1 - Amendments of Schedule 2

Item [1101] - Subclause 050.212(1)

This item amends subclause 050.212(1) of the Migration Regulations by inserting a reference to new subclause 050.212(6AA). The effect of this amendment is to provide that an applicant who satisfies the requirements of subclause 050.212(6AA) will satisfy the requirements of clause 050.212. This amendment is consequential to the insertion of new subclause 050.212(6AA) into the Migration Regulations.

New subclause 050.212(1) has a retrospective effect in certain cases because it amends the time of application criteria for a Subclass 050 (Bridging (General)) visa. The amendment applies to applications made, but not finally determined, before commencement, as well as to applications made on or after that date.

The retrospectivity in relation to subclause 050.212(1) is beneficial because it allows an applicant who is the subject of a decision in relation to an application for a bridging visa or a decision to cancel a visa, and who is being considered for ministerial intervention in relation to that decision, to satisfy criteria for the grant of a Subclass 050 visa. These amendments are therefore not prejudicial to any person, and do not contravene subsection 48(2) of the Acts Interpretation Act 1901.

Item [1102] - Subclause 050.212(6)

This item substitutes subclause 050.212(6) of the Migration Regulations with new subclauses 050.212(6) and 050.212(6AA).

These amendments rectify an unintended consequence of amendments made to clause 050.212(6) in Statutory Rules No. 348 of 2002, and give effect to the policy intention to allow for the grant of a Subclass 050 (Bridging (General)) on the basis of being considered for ministerial intervention where the intervention relates to a decision to refuse the grant of a bridging visa, or a decision to cancel a visa. This is in addition to where the ministerial intervention relates to a decision to refuse an onshore application for a substantive visa.

With this amendment, if an applicant is being assessed by a departmental officer, or is under the Minister's personal consideration, for the exercise of the powers under sections 345, 351, 391, 417 or 454, he or she is entitled to a Subclass 050 visa on that basis if the decision for which the Minister may intervene is a decision in relation to either a substantive visa application made in Australia, an application for a bridging visa, or a decision to cancel a visa.

New subclauses 050.212(6) and (6AA) have a retrospective effect in certain cases because they amend the time of application criteria for a Subclass 050 visa. The amendments apply to applications made, but not finally determined, before commencement, as well as to applications made on or after that date.

The retrospectivity in relation to subclauses 050.212(6) and (6AA) is beneficial because it allows an applicant who is the subject of a decision to refuse to grant a bridging visa or to cancel a visa, and who is being considered for ministerial intervention in relation to that decision, to satisfy criteria for the grant of a Subclass 050 visa. These amendments are therefore not prejudicial to any person, and do not contravene subsection 48(2) of the Acts Interpretation Act 1901.

Item [1103] - Paragraph 050.212(6A)(a)

This item amends paragraph 050.212(6A)(a) of the Migration Regulations by inserting a reference to new subclause 050.212(6AA).

The effect of this amendment is to enable subclause 050.212(6A) to provide for the grant of a Subclass 050 (Bridging (General)) visa with permission to work to an applicant who holds a Subclass 050 visa on the basis of having satisfied either new subclause 050.212(6) or new subclause 050.212(6AA). This amendment is consequential to the insertion of new subclause 050.212(6AA) into the Migration Regulations.

New subclause 050.212(6A) has a retrospective effect in certain cases because it amends the time of application criteria for a Subclass 050 visa. The amendment applies to applications made, but not finally determined, before commencement, as well as to applications made on or after that date.

The retrospectivity in relation to subclause 050.212(6A) is beneficial because it allows an applicant who holds a Subclass 050 visa on the basis of having satisfied subclause 050.212(6AA), and who is being considered for ministerial intervention, to be granted a Subclass 050 visa with permission to work. These amendments are therefore not prejudicial to any person, and do not contravene subsection 48(2) of the Acts Interpretation Act 1901.

Item [1104] - Subparagraph 050.212(6A)(b)(i)

This item substitutes subparagraph 050.212(6A)(b)(i) of the Migration Regulations with new subparagraph 050.212(6A)(b)(i).

This amendment rectifies an unintended consequence of amendments made to subparagraph 050.212(6A)(b)(i) in Statutory Rules No. 348 of 2002, and gives effect to the policy intention to allow for the grant of a Subclass 050 (Bridging (General)) visa with permission to work on the basis of being considered for ministerial intervention where the intervention relates to a decision to refuse to grant a bridging visa, or a decision to cancel a visa. This is in addition to where the ministerial intervention relates to a decision to refuse an onshore application for a substantive visa.

New subclause 050.212(6A) has a retrospective effect in certain cases because it amends the time of application criteria for a Subclass 050 visa. The amendment applies to applications made, but not finally determined, before gazettal, as well as to applications made on or after that date.

The retrospectivity in relation to subclause 050.212(6A) is beneficial because it allows an applicant who is the subject of a decision to refuse to grant a bridging visa, or a decision to cancel a visa, and who is being considered for ministerial intervention in relation to that decision, to satisfy criteria for the grant of a Subclass 050 visa. These amendments are therefore not prejudicial to any person, and do not contravene subsection 48(2) of the Acts Interpretation Act 1901.

Item [1105] - After subparagraph 050.612A(1)(a)(vii)

This item inserts new subparagraph 050.612A(1)(a)(viia) into Part 050 of the Migration Regulations.

The effect of this amendment is to provide that the conditions to be imposed on a Subclass 050 (Bridging (General)) visa granted to an applicant who satisfies the requirements of new subclause 050.212(6AA) must include condition 8101 (the "no work" condition). This is consequential to the insertion of new subclause 050.212(6AA).

Item [1106] - Paragraph 100.321(d)

This item substitutes paragraph 100.321(d) of Schedule 2 to the Migration Regulations with new paragraph 100.321(d).

Clause 100.321 of Part 100 of the Migration Regulations contains the secondary criteria to be met at time of decision for the grant of a permanent Subclass 100 (Spouse) visa.

New paragraph 100.321(d) provides that an applicant seeking to meet the secondary criteria for a Subclass 100 visa on the basis of having been granted a Subclass 445 (Dependent Child) visa, or a Subclass 309 (Spouse (Provisional)) visa, as a consequence of ministerial intervention must be a person:

• who holds a Subclass 445 visa, or a Subclass 309 visa, granted on the basis of the Minister's intervention powers under section 345, 351, 391, 417, 454 or 501J of the Act; and

• who, at the time the Subclass 445 or Subclass 309 visa was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who:

- was the holder of a Subclass 445 or Subclass 309 visa at the time the secondary applicant was granted a Subclass 445 or 309 visa; and

- has since been granted a permanent Subclass 100 visa.

The purpose of this amendment is to ensure that where a provisional partner visa was granted on the basis of ministerial intervention, a permanent partner visa can be granted to a secondary applicant who, at the time of decision for that visa, is no longer a dependent child or member of the family unit, as the case requires, of a person who held a Dependent Child or provisional partner visa.

This rectifies an unintended consequence arising from amendments made to clause 100.321 in Statutory Rules No. 299 of 2002, which required secondary applicants at the time of decision for a Subclass 100 visa to still be a dependent child or member of the family unit in order to be granted permanent residence. This amendment gives effect to the policy intention that nothing should require secondary applicants to be a dependent child or member of the family unit at the time of decision.

Item [1107] - Paragraph 110.321(d)

This item substitutes paragraph 110.321(d) of Schedule 2 to the Migration Regulations with new paragraph 110.321(d).

Clause 110.321 of Part 110 of the Migration Regulations contains the secondary criteria to be met at time of decision for the grant of a permanent Subclass 110 (Interdependency) visa.

New paragraph 110.321 (d) provides that an applicant seeking to meet the secondary criteria for a Subclass 110 visa on the basis of having been granted a Subclass 445 (Dependent Child) visa, or a Subclass 310 (Interdependency (Provisional)) visa, as a consequence of ministerial intervention must be a person:

• who holds a Subclass 445 visa, or a Subclass 310 visa, granted on the basis of the Minister's intervention powers under section 345, 351, 391, 417, 454 or 501J of the Act; and

• who, at the time the Subclass 445 or Subclass 310 visa was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who:

- was the holder of a Subclass 445 or Subclass 310 visa at the time the secondary applicant was granted a Subclass 445 or 310 visa; and

- has since been granted a permanent Subclass 110 visa.

This rectifies an unintended consequence arising from amendments made to clause 110.321 in Statutory Rules No. 299 of 2002, which required secondary applicants at the time of decision for a Subclass 110 visa to still be a dependent child or member of the family unit in order to be granted permanent residence. This amendment gives effect to the policy intention that nothing should require secondary applicants to be a dependent child or member of the family unit at the time of decision.

Item [1108] - Subparagraph 801.321(a)(iii)

This item substitutes subparagraph 801.321(a)(iii) of Schedule 2 to the Migration Regulations with new subparagraph 801.321(a)(iii).

Clause 801.321 of Part 801 of the Migration Regulations contains the secondary criteria to be met at time of decision for the grant of a permanent Subclass 801 (Spouse) visa.

New subparagraph 801.321(a)(iii) provides that an applicant seeking to meet the secondary criteria for a Subclass 801 visa on the basis of having been granted a Subclass 445 (Dependent Child) visa, or a Subclass 820 (Spouse) visa, as a consequence of ministerial intervention must be a person:

• who holds a Subclass 445 visa, or a Subclass 820 visa, granted on the basis of the Minister's intervention powers under section 345, 351, 391, 417, 454 or 501J of the Act; and

• who, at the time the Subclass 445 or Subclass 820 visa was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who was the holder of a Subclass 445 or Subclass 820 visa.

This rectifies an unintended consequence arising from amendments made to clause 801.321 in Statutory Rules No. 299 of 2002, which required secondary applicants at the time of decision for a Subclass 801 visa to still be a dependent child or member of the family unit in order to be granted permanent residence. This amendment gives effect to the policy intention that nothing should require secondary applicants to be a dependent child or member of the family unit at the time of decision.

Item [1109] - Subparagraph 814.321(a)(iii)

This item substitutes subparagraph 814.321(a)(iii) of Schedule 2 to the Migration Regulations with new subparagraph 814.321(a)(iii).

Clause 814.321 of Part 814 of the Migration Regulations contains the secondary criteria to be met at time of decision for the grant of a permanent Subclass 814 (Interdependency) visa.

New subparagraph 814.321(a)(iii) provides that an applicant seeking to meet the secondary criteria for a Subclass 814 visa on the basis of having been granted a Subclass 445 (Dependent Child) visa, or a Subclass 826 (Interdependency) visa, as a consequence of ministerial intervention must be a person:

• who holds a Subclass 445 visa, or a Subclass 826 visa, granted on the basis of the Minister's intervention powers under section 345, 351, 391, 417, 454 or 501J of the Act; and

• who, at the time the Subclass 445 or Subclass 826 visa was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who was the holder of a Subclass 445 or Subclass 826 visa.

This rectifies an unintended consequence arising from amendments made to clause 814.321 in Statutory Rules No. 299 of 2002, which required secondary applicants at the time of decision for a Subclass 814 visa to still be a dependent child or member of the family unit in order to be granted permanent residence. This amendment gives effect to the policy intention that nothing should require secondary applicants to be a dependent child or member of the family unit at the time of decision.

Schedule 2 - Amendments commencing on 1 July 2003

Part 1 - Amendments of Parts 1 to 3

Item [2101] - After subregulation 1.12(4)

This item inserts new subregulation 1.12(5) after subregulation 1.12(4) in Part 1 of the Migration Regulations. Regulation 1.12 defines the term member of the family unit.

New subregulation 1.12(5) provides that in addition to subregulation 1.12(1), a person is a member of the family unit of an applicant for a Business Skills (Residence) (Class DF) visa if, at the time of application, the person:

• holds a visa of a subclass included in Business Skills (Provisional) (Class UR) granted on the basis that he or she was a member of the family unit (in accordance with subregulation 1.12(1)) of a holder of a visa of a subclass included in Class UR (that is, visa subclasses 160 -165); and

• is included in the application for Class DF visa.

This amendment is a result of the introduction on 1 March 2003 of a two-stage processing scheme for business skills migration. Under this scheme, the majority of business skills applicants first apply for a provisional business skills Class UR visa, and after providing satisfactory evidence of a specified level of business activity in Australia, may apply for a permanent business skills Class DF visa.

Permanent visa Class DF contains four visa subclasses: Subclass 890 (Business Owner), Subclass 891 (Investor), Subclass 892 (State/Territory Sponsored Business Owner) and Subclass 893 (State/Territory Sponsored Investor). The Schedule 1 provisions for Class DF and the Schedule 2 provisions for visa subclasses 890 - 893 each contain references to the term member of the family unit.

The effect of new subregulation 1.12(5) is to ensure that a person who is a member of the family unit as defined in subregulation 1.12(1) at the provisional Class UR visa stage but who is unable to meet that definition at the permanent Class DF visa stage, as, for example, the person no longer meets the definition of "dependent", is still eligible for the grant of a permanent Class DF visa, if he or she is included in the application. The policy intention of this change is to provide a more certain pathway to permanent residence for provisional business skills visa holders.

Item [2102] - Subregulation 2.05(6)

This item substitutes subregulation 2.05(6) with a new subregulation 2.05(6) to remove the requirement that a visa holder who is a registered nurse or satisfies the requirements for registration as a registered nurse must satisfy certain English language proficiency requirements set by Immigration in order to have condition 8534 (no further stay) waived from their visa.

This amendment means that it is no longer a requirement for a nurse to satisfy the English language requirements where the nurse is registered or satisfies the requirements for registration. By achieving this, the nurse has met the English language requirements of the relevant registration authority and should therefore not be required to meet additional English language requirements set by Immigration.

Item [2103] - Subregulation 2.21A(2)

This item substitutes subregulation 2.21 A(2) of the Migration Regulations with new subregulations 2.21A(2), (3) and (4).

New subregulations 2.21A(2), (3) and (4) provide for the automatic grant of a Subclass 010 (Bridging A) visa (BVA), without application, to certain applicants for an Aged Parent (Residence) (Class BP) visa, a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa.

The effect of these amendments is that the Minister must grant a BVA, despite Schedules 1 and 2 of the Migration Regulations, to a person:

• who is in Australia, but not in immigration clearance;

• whose application for a Class BP visa was withdrawn when the person was in Australia and at the same time as applying for a Class DG or Class UU visa, or whose application for a Class DG or Class UU visa was withdrawn when the person was in Australia and at the same time as applying for a Class BP visa;

• who was, immediately before the withdrawal of the relevant visa application, the holder of a BVA or Subclass 020 (Bridging B) visa (BVB) granted in association with the original parent visa application;

• who does not hold a substantive visa; and

• who has not already been granted a BVA under regulation 2.21A.

These amendments are a result of the new parent visa package, contained in the Migration Legislation Amendment (Contributory Parents Migration Scheme) Act 2003 (the Contributory Parents Act) and the Migration (Visa application) Charge Amendment Act 2003, to commence, in part, on Proclamation.

The Contributory Parents Act amends the Act and Migration Regulations to implement the Government's migration policy in relation to permanent and temporary entry arrangements for parents. In particular, it amends the Migration Regulations to, amongst other things, establish new parent visa classes and subclasses, both offshore and onshore (also known as contributory parent visas).

Under the new contributory parent visa package, an applicant for a Class BP visa is eligible to apply for a new contributory aged parent visa, being either a Class DG or Class UU visa.

However, applicants must first withdraw their existing Class BP visa application before they can apply for a new contributory parent visa. This will usually happen at the same time they apply for the new parent visa, and on the same form.

The withdrawal of a Class BP visa application will cease any associated BVA or BVB the applicant may have held, 28 days after the withdrawal. When applicants then apply for a new contributory parent visa, depending on when they apply for a bridging visa, they will usually only be eligible for a Subclass 030 (Bridging C) visa (BVC). Holders of a BVC are unable to leave and re-enter Australia, and are ineligible for a BVB because they cannot satisfy clause 020.211 of Schedule 2 to the Migration Regulations.

The amendments made by this item provide that applicants who have applied for a Class BP visa must be granted a BVA automatically on withdrawal of that Class BP visa application, and on application for a Class DG or UU visa. As the holder of a BVA, such applicants can apply for and be granted a BVB which allows them to leave and re-enter Australia during the processing of their Class DG or UU visa application (clauses 020.211 and 020.511 of Schedule 2 refer). A BVB is the only type of bridging visa which has this facility.

In the converse situation, that is, where persons make a valid application for a Class DG or Class UU visa, but then decide to transfer their visa application to a Class BP application, a similar policy objective arises. Such applicants are required to withdraw their existing Class DG or UU parent visa application, and would normally only be eligible for the grant of a BVC.

Consequently, the amendments made by this item provide that certain applicants who have applied for a Class DG or UU visa must be granted a BVA automatically on withdrawal of that Class DG or UU visa application, and on application for a Class BP visa. As the holder of a BVA, such applicants can apply for and be granted a BVB which allows them to leave and re-enter Australia during the processing of their Class BP visa application (clauses 020.211 and 020.511 of Schedule 2 refer).

Item [2104] - Regulation 3.03

This item substitutes regulation 3.03 with new regulation 3.03.

Pursuant to paragraph 166(1)(b) of the Act, regulation 3.03 sets out the information that a person, whether a citizen or non-citizen, must provide to a clearance officer upon entering Australia (such as evidence of the person's identity and other information).

The new regulation is essentially the same as the regulation it replaces, except that new paragraph 3.03(3)(g) and new subregulation 3.03(5) set out the evidence that a person must give to a clearance officer where the person is a non-citizen and forms part of a new class of persons, as described below.

New paragraph 3.03(3)(g) provides that for subsection 166(2) of the Act, a noncitizen who is required to comply with section 166 of the Act must - if subregulation (5) applies to the non-citizen - show a clearance officer evidence of the person's identity, as specified in Part 1 of Schedule 9 to the Migration Regulations; and give the clearance officer a completed passenger card.

New subregulation 3.03(5) provides that it applies to a non-citizen who holds a Subclass 676 (Tourist (Short Stay)) visa; and who is included in a class of persons specified in a Gazette Notice for clause 676.712 of Schedule 2 to the Migration Regulations.

The addition of new paragraph 3.03(3)(g) and subregulation 3.03(5) is necessary as a consequence of the amendment to Division 676.7 of Part 676 of Schedule 2 to the Migration Regulations. The amendment to Division 676.7 is intended to enable some holders of a Subclass 676 (Tourist (Short Stay)) visa to travel to and enter Australia without it being necessary for the visa to be evidenced by a visa label in the visa holder's passport. Essentially, the class of persons affected by these amendments will be specified by the Minister in a Gazette Notice.

The class of persons initially specified will be those holders of a Subclass 676 visa who are participants in the Approved Destination Status (ADS) scheme, and who are participating in specific tour groups under that scheme - that is, those tour groups that are organised by a limited number of approved travel agencies (note that under the ADS scheme, travel agencies must have been approved by Australian authorities and authorities of the People's Republic of China (PRC)).

The ADS scheme is intended to facilitate and promote visitor entry to Australia where the visitor entry and stay is via a tour group organised by an approved travel agency.

Because of the amendments to Division 676.7 of Part 676, regulation 3.03 and Schedule 9 to the Migration Regulations are also being amended in respect of a visa holder included in the specified class of persons so that a visa label is not required to be shown to a clearance officer as part of the information that such a person must provide to a clearance officer upon entering Australia.

New subregulation 3.03(4) is effectively the same as the omitted paragraph 3.03(2)(g). New subregulation 3.03(4), however, has been simplified. It refers to the whole of subregulation 3.03(3), rather than referring to each separate paragraph of that subregulation, which was the drafting style used in the omitted paragraph 3.03(2)(g).

Part 2 - Amendments of Schedule 1

Item [2201] - Subparagraph 1205(2)(a)(iv)

This item substitutes subparagraph 1205(2)(a)(iv) of Schedule 1 to the Migration Regulations with new subparagraphs 1205(2)(a)(iv) and (iva).

This is a technical amendment to correct an anomaly in the Migration Regulations.

The Cultural/Social (Temporary) (Class TE) visa class contains a number of visa subclasses, including Subclass 420 (Entertainment) and Subclass 421 (Sport).

Paragraph 1205(3)(c) of Schedule 1 to the Migration Regulations provides that an applicant for a Class TE visa who is seeking to satisfy the criteria for the grant of a Subclass 420 visa must make his or her visa application at an address specified by the Minister in a Gazette Notice. The Gazette Notice currently sets out an address in Australia.

Subparagraph 1205(2)(a)(iv), prior to this amendment, provides that an applicant for a Class TE visa who makes his or her application outside Australia and is a member of a sporting or entertainment body comprising a certain number of applicants is subject to a discounted visa application charge.

A person who is a member of an entertainment body would most likely be seeking to satisfy the criteria for the grant of a Subclass 420 visa. Under paragraph 1205(3)(c) such a person would be making their application inside Australia and could therefore never meet subparagraph 1205(2)(a)(iv) as existing before this amendment.

This item therefore makes amendments to provide separately for members of an entertainment body, requiring that they be outside Australia at the time of application, rather than that they make their application outside Australia, in order to be subject to the discounted visa application charge.

In addition, this item makes two technical amendments to clarify the intention of the provision.

The first substitutes the words "no fewer than 10 other applicants" with the words "at least 10 other applicants" to clarify that the sporting or entertainment body must comprise at least 11 applicants in total to achieve the discounted visa application charge.

The second substitutes the words "divided by the number of other applicants included in that body" with the words "divided by the number of applicants included in that body" to clarify that the visa application charge is to be divided by the total number of applicants in the sporting or entertainment body.

Item [2202] - Subitem 1211(3)

This item substitutes subitem 1211(3) of Schedule 1 to the Migration Regulations. New subitem 1211(3) sets out some of the requirements to make a valid application for an Extended Eligibility (Temporary) (Class TK) visa.

New paragraph 1211(3)(a) provides that an application may be made in or outside Australia, but not in immigration clearance.

New paragraph 1211(3)(aa) requires an applicant to be in Australia to make an application in Australia. This ensures consistency with paragraph 445.412 of Schedule 2 which requires the applicant to be in Australia at time of grant if the application is made in Australia.

New paragraph 1211(3)(ab) requires an application by an applicant in Australia to be made by either posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice, or by having the application delivered by a courier service to the address specified in a Gazette Notice. This ensures the more efficient processing of Class TK visa applications made in Australia by requiring them to be sent directly to the relevant processing centre.

New paragraph 1211(3)(b) retains the provision that provides for combined applications to be made.

Item [2203] - Paragraph 1222(3)(aa), including the note

This item substitutes paragraph 1222(3)(aa) with new paragraph 1222(3)(aa). The amendment requires a person who is included in a class of persons specified by a Gazette Notice to make his or her student visa application by posting or having the application delivered to an address specified by the Minister. The Gazette Notice shall describe a class of person by a person's citizenship and location.

The number of student visa applications by citizens of certain countries who are in a country other than their country of citizenship is increasing. These amendments allow Immigration to direct these student visa applications to processing centres capable of processing the applications more efficiently.

Item [2204] - Subitem 1301(1)

This item amends subitem 1301(1) of Schedule 1 to the Migration Regulations to insert a reference to form 47BT.

Item 1301 of Schedule 1 sets out the criteria for making a valid Bridging A (Class WA) visa application. Subclass 010 (Bridging A) is the only visa subclass contained in Class WA. Form 47BT is one of the forms for making an application for a Business Skills (Provisional) (Class UR) visa.

The amendment made by this item enables applicants who are in Australia at the time of application for a Class UR visa, and who meet regulation 2.07A, to make an application for a Class WA visa at the same time as making a Class UR visa application.

Regulation 2.07A provides, in part, that an application for a substantive visa made on a form mentioned in subitem 1301(1) is not a valid application for a Class WA visa where:

• the applicant was not in Australia when the application for the substantive visa was made; or

• the substantive visa is a visa of a kind that can only be granted if the applicant is outside Australia.

Generally, applicants for Class UR visas must be offshore at time of application. The only exception to this is persons applying as secondary applicants, who are in Australia as student visa holders. Such persons are not required to return offshore where they are part of family applying from overseas for a provisional business skills visa. As a result, this amendment will apply only to this limited group of applicants, that is, student visa holders who apply as secondary applicants for a Class UR visa in Australia.

Part 3 - Amendments of Schedule 2

Item [2301] - Paragraph 010.211(5)(a)

Item [2302] - Paragraph 010.211(6)(a)

These items substitute paragraphs 010.211(5)(a) and 010.211(6)(a) with new paragraphs 010.211(5)(a) and 010.211(6)(a), respectively.

The effect of these amendments is to provide that a person who has made a valid application for:

• an Aged Parent (Residence) (Class BP) visa;

• a Contributory Aged Parent (Residence) (Class DG) visa; or

• a Contributory Aged Parent (Temporary) (Class UU) visa;

and who holds, or has held, a Subclass 010 (Bridging A) visa (BVA) granted under regulation 2.21A, may be granted a further BVA either in association with the processing of the Class BP, DG or UU visa application, or in association with judicial review proceedings relating to the refusal of that visa application.

Item [2303] - Subclause 010.611(3)

This item makes a consequential amendment to subclause 010.611(3) as a result of new subregulations 2.21A(2), (3) and (4).

The amendment preserves the status quo by ensuring that no visa conditions are attached to a Subclass 010 (Bridging A) visa granted under regulation 2.21A to a person mentioned in subregulation 2.21A(1).

Item [2304] - Subparagraph 010.611(4)(a)(ii)

This item makes a consequential amendment to subparagraph 010.611(4)(a)(ii) as a result of new subregulations 2.21A(2), (3) and (4).

The effect of the amendment is to provide that the visa conditions to be imposed on a Subclass 010 (Bridging A) visa (BVA) granted under regulation 2.21A to a person mentioned in subregulations 2.21A(2) or 2.21A(3), must be the same conditions that were attached to the visa (normally a bridging visa) that was held by the applicant immediately before the grant of the new BVA.

The amendment preserves the status quo for applicants granted a bridging visa under regulation 2.21B.

Item [2305] - Paragraph 050.512(c)

This item inserts a reference to clauses 050.513 and 050.513B into paragraph 050.512(c) of the Migration Regulations.

Clause 050.512 provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted on the basis that the holder is seeking judicial or merits review of a visa decision. Paragraph 050.512(c) deals with the situation where the visa decision has been remitted for reconsideration by the Migration Review Tribunal or the Refugee Review Tribunal.

The amendments made by this item provide an appropriate cessation mechanism where the remitted decision relates to a visa cancellation. This rectifies a deficiency in the Migration Regulations whereby the cessation provisions are relevant only to remitted decisions related to visa applications.

This is achieved by including clauses 050.513 and 050.513B of Schedule 2 to the Migration Regulations as possible cessation provisions in relation to remittals following judicial review. Clauses 050.513 and 050.513B provide for cessation of BVEs following visa cancellation decisions. The visa will cease when an event specified in the Migration Regulations occurs, for example, the review authority sets the cancellation aside.

Item [2306] - Paragraph 050.513(c)

Clause 050.513 provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted on the basis of an application for merits review of a decision to cancel a visa.

This item substitutes a new paragraph 050.513(c). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which an application for merits review of a visa cancellation decision is withdrawn. New paragraph 050.513(c) provides that the BVE ceases 28 days after withdrawal of the review application.

Substitution of this new paragraph means that paragraph 050.513(a) covers the situation where the review authority reverses the cancellation decision. Rather than providing that the BVE ceases immediately upon reversal, the effect of paragraph (a) is that the BVE will not cease until 28 days after the reversal. This will allow time to regularise the applicant's status in cases where the substantive visa to which the cancellation applied has ceased in the time between cancellation and reversal of the cancellation decision.

Item [2307] - Subparagraph 050.513A(b)(i)

Clause 050.513A provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted on the basis of an application under section 137K of the Act for revocation of an automatic visa cancellation.

This item substitutes a new subparagraph 050.513A(b)(i). The effect of this is that a BVE will cease 7 working days after notification of the revocation decision, regardless of the nature of the decision of the Minister. Therefore, paragraph 050.513A(b)(i) is broadened to cover cases where the cancellation decision is revoked, and the opening words of paragraph (i), which limit its operation to cases where the cancellation is affirmed, are removed.

This rectifies a deficiency in the Migration Regulations by allowing the BVE to remain in force for 7 working days after a decision to revoke cancellation decision. This will allow time to regularise the applicant's status in cases where the substantive visa to which the cancellation applied has ceased in the time between cancellation and revocation.

Item [2308] - Subparagraph 050.513A(b)(iii)

This item substitutes a new subparagraph 050.513A(b)(iii). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which an application for revocation is withdrawn. New subparagraph 050.513A(b)(iii) provides that the BVE ceases 7 working days after withdrawal of the revocation application.

As a consequence of the removal of the cessation provision in subparagraph 050.513A(b)(iii) for cases where the cancellation is revoked, the item immediately above amends subparagraph 050.513A(b)(i) so that it covers such cases.

Item [2309] - Paragraph 050.513B(a)

Clause 050.513B provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted on the basis of an application for merits review of a decision under section 137L of the Act not to revoke an automatic visa cancellation.

This item substitutes a new paragraph 050.513B(a). The effect of this is to remove the cessation provision for cases in which the review authority reverses the decision not to revoke the cancellation. Therefore, paragraph 050.513B(a) is broadened to cover cases where the decision not to revoke the cancellation is reversed. This is achieved by removing the words of paragraph (a) which limit its operation to cases where the cancellation is not reversed.

The effect of these amendments is that the BVE will cease 28 days after notification of the reversal decision. This rectifies a deficiency in the Migration Regulations by allowing the BVE to remain in force for 28 days after the reversal decision. This will allow time to regularise the applicant's status in cases where the substantive visa to which the cancellation applied has ceased in the time between cancellation and reversal of the decision not to revoke the cancellation.

Item [2310] - Paragraph 050.513B(c)

Clause 050.513B provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted on the basis of an application for merits review of a decision by the Minister not to revoke an automatic visa cancellation.

This item substitutes a new subparagraph 050.513B(c). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which an application for merits review is withdrawn. New paragraph 050.513B(c) provides that the BVE ceases 7 days after withdrawal of the merits review application.

As a consequence of the removal of the cessation provision in paragraph 050.513B(c) for cases where the review authority reverses the Minister's decision not to revoke cancellation, the item immediately above amends paragraph 050.513B(a) so that it covers such cases.

Item [2311] - Paragraph 050.514(c)

Clause 050.514 provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted to a person whose substantive visa was cancelled under subsection 140(1) or (3) of the Act, where another person has applied for review of his or her visa cancellation. Section 140 of the Act provides for cancellation of family members' visas where the primary applicant's visa is cancelled, in certain situations.

This item substitutes a new paragraph 050.514(c). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which the application for merits review is withdrawn. New paragraph 050.514(c) provides that the BVE ceases 28 days after withdrawal of the merits review application.

As a consequence of the removal of the cessation provision in paragraph 050.514(c) for cases where the review authority revokes the Minister's cancellation decision, paragraph 050.514(a) will apply to such cases. It provides that the BVE ceases 28 days after notification of the review authority's decision.

Item [2312] - Subparagaph 050.514AA(b)(i)

Clause 050.514AA provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted to a person whose substantive visa was cancelled under subsection 140(1), (2) or (3) of the Act, where another person has applied under section 137K of the Act for revocation of his or her visa cancellation. Section 140 of the Act provides for cancellation of family members' visas where the primary applicant's visa is cancelled, in certain situations.

This item substitutes a new subparagraph 050.514AA(b)(i). This relates to the substitution by these Regulations of subparagraph 050.514AA(b)(iii) (dealt with immediately below), the effect of which is to remove the cessation provision for cases in which the other person's application for revocation of cancellation is successful.

As a consequence of that amendment, subparagraph 050.514AA(b)(i) is broadened to cover cases where the other person's cancellation decision is revoked. This is achieved by removing the words of subparagraph (b)(i) which limit its operation to cases where the cancellation is not revoked.

The effect of these amendments is that the BVE will cease 7 working days after notification of the revocation decision. This rectifies a deficiency in the Migration Regulations by allowing the BVE to remain in force for 7 working days after the revocation decision. This will allow time to regularise the applicant's status in cases where the substantive visa to which the cancellation applied has ceased in the time between cancellation and revocation of the other person's visa.

Item [2313] - Subparagaph 050.514AA(b)(iii)

This item substitutes a new subparagraph 050.514AA(b)(iii). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which the application for revocation of cancellation is withdrawn. New subparagraph 050.514AA(b)(iii) provides that the BVE ceases 7 working days after withdrawal of the revocation application.

As a consequence of the removal of the cessation provision in subparagraph 050.514AA(b)(iii) for cases where the Minister revokes the cancellation of the other person's visa, the item immediately above amends subparagraph 050.514AA(b)(i) so that it covers such cases.

Item [2314] - Paragraph 050.514AB(a)

Clause 050.514AB provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted to a person whose substantive visa was cancelled under subsection 140(1), (2) or (3) of the Act, where another person has applied for review of a decision by the Minister not to revoke the automatic cancellation of that other person's visa. Section 140 provides for cancellation of family members' visas where the primary applicant's visa is cancelled, in certain situations.

This item substitutes a new paragraph 050.514AB(a). This relates to the substitution by these Regulations of paragraph 050.514AB(c) (dealt with immediately below), the effect of which is to remove the cessation provision for cases in which the other person's application for review of the decision not to revoke cancellation is successful.

As a consequence of that amendment, paragraph 050.514AB(a) is broadened to cover cases where the review body reverses the decision not to revoke the other person's visa. This is achieved by removing the words of subparagraph (a) which limit its operation to cases where the cancellation is not revoked.

The effect of these amendments is that the BVE will cease 28 days after notification of the revocation decision. This rectifies a deficiency in the Migration Regulations by allowing the BVE to remain in force for 28 days after the reversal decision. This will allow time to regularise the applicant's status in cases where the substantive visa to which the cancellation applied has ceased in the time between cancellation and reversal of the Minister's decision not to revoke cancellation of the other person's visa.

Item [2315] - Paragraph 050.514AB(c)

Clause 050.514AB provides for the cessation of Subclass 050 (Bridging (General)) visas (BVEs) granted to a person whose substantive visa was cancelled under subsection 140(1), (2) or (3) of the Act, where another person has applied for review of a decision by the Minister not to revoke automatic cancellation of that other person's visa. Section 140 provides for cancellation of family members' visas where the primary applicant's visa is cancelled, in certain situations.

This item substitutes a new paragraph 050.514AB(c). This rectifies a deficiency in the Migration Regulations by providing a cessation provision for cases in which the application for merits review is withdrawn. New paragraph 050.514AB(c) provides that the BVE ceases 28 days after withdrawal of the merits review application.

As a consequence of the removal of the cessation provision in 050.514AB(c) for cases where the review authority revokes the Minister's decision to cancel the other person's visa, paragraph 050.514AB(a) will apply to such cases. It provides that the BVE ceases 28 days after notification of the review authority's decision.

Item [2316] - Subparagraph 420.222(4)(a)(iii)

This item makes a consequential amendment to subparagraph 420.222(4)(a)(iii) of Part 420 of Schedule 2 to the Migration Regulations so that an applicant meets the requirements of subclause 420.222(4) if the applicant meets one of subparagraphs 420.222(4)(a)(i), (ii) or (iii) and meets paragraph 420.222(4)(b). This amendment is consequential to the repeal of subparagraph 420.222(4)(a)(iv) by these Regulations.

Item [2317] - Subparagraph 420.222(4)(a)(iv)

This item omits subparagraph 420.222(4)(a)(iv) from Part 420 of Schedule 2 to the Migration Regulations so that a model or mannequin cannot satisfy the criteria for the grant of a Subclass 420 (Entertainment) visa on that basis.

The Gazette Notice made under subregulation 1.20G(2) of Part 1 of the Migration Regulations includes Actors, Dancers and Related Professionals. Under policy, highly paid and internationally renown models and mannequins are included within this category. Such persons may therefore apply for a Temporary Business Entry (Class UC) visa and be eligible for the grant of a Subclass 457 (Business (Long Stay)) visa instead.

Item [2318] - Clause 420.313

This item omits clause 420.313 from Part 420 of Schedule 2 to the Migration Regulations.

In December 2002, clause 420.313 was both omitted and amended by Statutory Rules No. 348 of 2002, commencing on 1 March 2003, due to an error in the consolidation of the Statutory Rule.

This amendment clarifies that the intention was to omit clause 420.313.

Item [2319] - Clause 420.325A

This item substitutes clause 420.325A with new clause 420.325A in Part 420 of Schedule 2 to the Migration Regulations to correct an error made in the consolidation of Statutory Rules 348 of 2002.

In December 2002, clause 420.313 was amended by Statutory Rules No. 348 of 2002, commencing on 1 March 2003, so that an applicant had to satisfy the clause if the applicant was in the migration zone, rather than if the application was made in the migration zone.

The same Statutory Rules omitted clause 420.313 and replaced it with clause 420.325A. The intention was to move the provision from time of application to time of decision. Clause 420.325A, however, did not incorporate the amendment made to clause 420.313 described above.

This item therefore amends clause 420.325A so that it incorporates the amendment to clause 420.313 and requires an applicant to satisfy the clause if the applicant is in the migration zone.

Item [2320] - After clause 428.222

This item inserts new clause 428.222A into Part 428 of Schedule 2 to the Migration Regulations.

This amendment implements a policy by Immigration to enter into formal agreements with sponsoring religious organisations in relation to the sponsorship of applicants seeking to satisfy the primary criteria for the grant of a Subclass 428 (Religious Worker) visa.

The policy implements a recommendation arising out of the Review of the Temporary Residence Program, "In Australia's Interests", that Immigration move towards entering into written agreements with sponsoring religious organisations in order to provide greater certainty to these organisations in relation to the sponsored applicants.

The amendment ensures that, where such an agreement exists, the applicant must at time of decision intend to occupy the position identified for the applicant in the agreement while he or she is in Australia in order to be eligible for the grant of a Subclass 428 visa.

Item [2321] - Clause 457.322

This item substitutes clause 457.322 of Part 457 of Schedule 2 to the Migration Regulations with new clause 457.322.

Clause 457.322 sets out the criteria to be satisfied by a secondary applicant who has applied for a Subclass 457 (Business (Long Stay)) visa outside of Australia and separately from the primary applicant.

This amendment removes the requirement that the secondary applicant must intend to stay in Australia only temporarily. New clause 457.322 provides that where an application by a secondary applicant is made outside of Australia and separately from the primary applicant, the secondary applicant will satisfy new clause 457.322 if the primary applicant is, or is expected soon to be, in Australia.

By removing the requirement that a dependant applicant must intend to stay in Australia only temporarily, this amendment reflects the policy that the Subclass 457 (Business (Long Stay)) visa may be used as a pathway to the permanent business visa classes.

Item [2322] - Clause 676.712

This item substitutes clause 676.712 with new clauses 676.712 and 676.713 in Part 676 of Schedule 2 to the Migration Regulations.

New clause 676.712 expressly provides that no evidence of the grant of a Subclass 676 (Tourist (Short Stay)) visa needs to be given if the visa holder is included in a class of persons specified in a Gazette Notice for the purposes of this clause.

New clause 676.712 is intended to enable some holders of a Subclass 676 visa to travel to and enter Australia without it being necessary for their visa to be evidenced by a visa label in their passport. Essentially, the class of persons affected by these amendments will be specified by the Minister in a Gazette Notice.

The ADS scheme is intended to facilitate and promote visitor entry to Australia where the visitor entry and stay is via a tour group organised by an approved travel agency.

New clause 676.713 is the same as the omitted clause 676.712 and provides that if evidence of the grant of the Subclass 676 visa is given, it is to be given by visa label affixed to a valid passport.

Item [2323] - Paragraph 785.225(b)

Item [2324] - Paragraph 786.223(2)(a)

Item [2325] - Paragraph 866.224(b)

These items amend paragraphs 785.225(b), 786.223(2)(a) and 866.224(b) of Schedule 2 to the Migration Regulations to lower the age at which an applicant for a Temporary Protection, Temporary Humanitarian Concern or a Protection visa is to have undergone a chest x-ray examination to be eligible for the grant of the visa. The amendments made by these items lower the age from 16 to 11 years.

This implements the policy intention of the Department of Health and Ageing that an applicant for these visas who is 11 years of age or older is to have undergone a chest x-ray to determine whether he or she has tuberculosis before being granted the visa.

Item [2326] - Division 890.1, note 3

This item makes a consequential amendment to the notes in the interpretation division, as a result of the insertion of new subregulation 1.12(5) into the Migration Regulations. This advises the reader that the definition of member of the family unit in subregulation 1.12(1) and new subregulation 1.12(5) are relevant to Business Skills (Residence) (Class DF) visa applicants.

Item [2327] - Clause 890.213

This item amends clause 890.213 to provide that the main business, or main businesses, of the applicant must be in Australia. This amendment clarifies that businesses which have been established outside Australia cannot be included for the purposes of meeting the requirements in clause 890.213.

Item [2328] - Clause 890.214

This item amends clause 890.214 to provide that the main business or main businesses of the applicant, the applicant's spouse, or the applicant and his or her spouse together, must be in Australia. This amendment clarifies that businesses which have been established outside Australia cannot be included for the purposes of meeting the requirements in clause 890.214.

Item [2329] - Clause 891.111, after note 2

This item makes a consequential amendment to the notes in clause 891.111, as a result of the insertion of new subregulation 1.12(5) into the Migration Regulations. This advises the reader that the definition of member of the family unit in subregulation 1.12(1) and new subregulation 1.12(5) are relevant to Business Skills (Residence) (Class DF) visa applicants.

Item [2330] - Division 892.1, note 3

Item [2331] - Paragraph 892.212(a)

This item amends paragraph 892.212(a) to provide that the main business or main businesses of the applicant, the applicant's spouse, or the applicant and his or her spouse together, must be in Australia. This amendment clarifies that businesses which have been established outside Australia cannot be included for the purposes of meeting the requirements in paragraph 892.212(a).

Item [2332] - Clause 892.213

This item amends clause 892.213 to provide that the main business, or main businesses, of the applicant must be in Australia. This amendment clarifies that businesses which have been established outside Australia cannot be included for the purposes of meeting the requirements in clause 892.213.

Item [2333] - Clause 893.111, after note 2

This item makes a consequential amendment to the notes in clause 893.111, as a result of the insertion of new subregulation 1.12(5) into the Migration Regulations. This advises the reader that the definition of member of the family unit in subregulation 1.12(1) and new subregulation 1.12(5) are relevant to Business Skills (Residence) (Class DF) visa applicants.

Part 4 - Amendments of Schedule 8

Item [2401] - Item 8205

This item amends item 8205 of Schedule 8 to the Migration Regulations. Item 8205 is a visa condition that is imposed on certain visas requiring that where the visa holder is a certain age or older and intends to study for more than 4 weeks in a classroom situation, he or she must have undergone and passed a chest x-ray examination before commencing study.

This amendment lowers the age at which this is required from over 16 years to at least 11 years of age.

This implements the policy intention of the Department of Health and Ageing that holders of certain visas who are 11 years of age or older must undergo and pass a chest x-ray to determine whether they have tuberculosis before commencing study.

Item [2402] - Subparagraph 8529(b)(i)

This item amends subparagraph 8529(b)(i) of Schedule 8 to the Migration Regulations. Item 8529 is a visa condition that is imposed on Temporary Safe Haven visas requiring that a holder of the visa who is a certain age or older must undergo a chest x-ray examination after entering Australia on that visa.

This amendment lowers the age at which this is required from over 16 years to at least 11 years of age.

Part 5 - Amendment of Schedule 9

Item [2501] - Part 1, after item 24

This item inserts new item 25 into Part 1 of Schedule 9 to the Migration Regulations in order to allow certain holders of a Subclass 676 (Tourist (Short Stay)) visa special entry and clearance arrangements. Such visa holders must be included in a class of persons specified in a Gazette Notice for the purposes of clause 676.712 of Part 676 of Schedule 2 to the Migration Regulations.

This item is consequential to the insertion of new paragraph 3.03(3)(g) and new subregulation 3.03(5) into regulation 3.03 of the Migration Regulations. Under new paragraph 3.03(3)(g), a non-citizen who is required to comply with section 166 of the Act must - if subregulation (5) applies to the non-citizen - show a clearance officer evidence of the person's identity, as specified in Part 1 of Schedule 9 to the Migration Regulations; and give the clearance officer a completed passenger card.

Subregulation 3.03(5) applies to a non-citizen who holds a Subclass 676 visa who is included in a class of persons specified in a Gazette Notice for the purposes of clause 676.712 of Schedule 2 to the Migration Regulations.

New item 25 of Part 1 of Schedule 9 to the Migration Regulations therefore sets out the evidence that a non-citizen referred to in new paragraph 3.03(3)(g) (and new subregulation 3.03(5)) must provide to a clearance officer.

The evidence of identity that is required is a passport, as well as a passenger card.

New item 25 also relates to new clause 676.712, which provides that no evidence of the grant of a Subclass 676 visa needs to be given if the visa holder is included in a class of persons specified in a Gazette Notice for the purposes of that clause. The purpose behind those amendments is explained in more detail above, in relation to the substitution in Part 676 of clause 676.712 with new clauses 676.712 and 676.713.