Migration Amendment Regulation 2013 (No. 1)
Select Legislative Instrument No. 32, 2013
I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.
Dated 14 March 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Brendan O’Connor
Minister for Immigration and Citizenship
Contents
1............ Name of regulation.............................................................................. 7
2............ Commencement................................................................................... 7
3............ Authority............................................................................................. 7
4............ Schedule(s)......................................................................................... 7
Schedule 1—Amendments relating to Subclass 400 (Temporary Work (Short Stay Activity)) visa 8
Migration Regulations 1994 8
Schedule 2—Amendments relating to Subclass 600 (Visitor) visa 18
Migration Regulations 1994 18
Schedule 3—Amendments relating to Subclass 601 (Electronic Travel Authority) visa 31
Migration Regulations 1994 31
Schedule 4—Amendments relating to Subclass 602 (Medical Treatment) visa 35
Migration Regulations 1994 35
Schedule 5—Amendments relating to Subclass 651 (eVisitor) visa 46
Migration Regulations 1994 46
Schedule 6—Further amendments relating to Schedules 1 to 5 and temporary work visas 48
Migration Regulations 1994 48
Schedule 7—Amendments relating to Subclass 401 (Temporary Work (Long Stay Activity)) visa 88
Migration Regulations 1994 88
Schedule 8—Amendments relating to transitional arrangements 93
Migration Regulations 1994 93
1 Name of regulation
This regulation is the Migration Amendment Regulation 2013 (No. 1).
2 Commencement
This regulation commences on 23 March 2013.
3 Authority
This regulation is made under the Migration Act 1958.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments relating to Subclass 400 (Temporary Work (Short Stay Activity)) visa
Migration Regulations 1994
1 After item 1230 of Schedule 1
Insert:
1231 Temporary Work (Short Stay Activity) (Class GA)
(1) Form:
(a) For an applicant in a class of persons specified by the Minister in an instrument in writing for this paragraph, 1400 or 1400 (Internet).
(b) In any other case, 1400.
(2) Visa application charge:
(a) First instalment (payable at the time the application is made):
Charge
Item
Column 1
Applicant
Column 2
Charge
1
An applicant who is entered in a sporting event as an amateur participant
Nil
2
An applicant who is appointed or employed to assist:
(a) a person who is entered in a sporting event as an amateur participant; or
(b) a team that is entered in a sporting event as an amateur team
Nil
3
An applicant who applies in the course of acting as a representative for a foreign government
Nil
4
An applicant who is in a class of persons specified by the Minister in an instrument in writing for this item
Nil
5
Any other applicant
$145
(b) Second instalment (payable before grant of visa): nil.
(3) Other:
(a) An application other than an Internet application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
Note: An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b) An applicant must be outside Australia.
(c) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Work (Short Stay Activity) (Class GA) visa may be made at the same time as, and combined with, the application by that person.
(4) Subclasses:
Subclass 400 (Temporary Work (Short Stay Activity))
2 After Part 309 of Schedule 2
Insert:
Subclass 400—Temporary Work (Short Stay Activity)
400.1—Interpretation
400.111
In this Part:
event means an event to which an application for the grant of a Subclass 400 visa relates.
non‑ongoing, in relation to a person’s proposed participation in an event, or a person’s proposed engagement in an activity or work, means participation or engagement in the following circumstances:
(a) the event, activity or work is likely to be completed within a continuous period of 3 months or less;
(b) the person:
(i) has not been given an expectation of staying in Australia, for a purpose relating to the event, activity or work, after the end of that period; and
(ii) has not made arrangements to stay in Australia, for a purpose relating to the event, activity or work, after the end of that period.
400.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 400 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 400.21 and also in one of Subdivisions 400.22 to 400.24.
An application for a Subclass 400 visa will be assessed against as many streams as necessary, whether or not the applicant specifies a particular stream in the application. The criteria in Subdivisions 400.22 to 400.24 will be used in turn as primary criteria for the grant of the visa as the application is assessed.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
400.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 400 visa.
400.211
(1) The applicant has personal attributes, an employment background, or both, that are relevant to, and consistent with, the nature of the applicant’s proposed participation in an event, or proposed engagement in an activity or work.
(2) The applicant demonstrates that there is need for the applicant to be in Australia to participate in the event, or engage in the activity or work.
400.212
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.
400.213
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 400 visa would be subject; and
(c) any other relevant matter.
400.214
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.215
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.216
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.22—Criteria for Highly Specialised Work stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Highly Specialised Work stream.
400.221
The applicant will undertake work that is highly specialised.
400.222
The applicant’s engagement in the work will be non‑ongoing.
400.223
The applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and
(d) will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.
400.224
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
400.23—Criteria for Invited Participant stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Invited Participant stream.
400.231
(1) The applicant has been invited to participate in an event by an organisation that is lawfully operating in Australia.
(2) The organisation:
(a) is directly responsible for the event; or
(b) has a formal role in preparing for, or conducting, the event.
(3) If requested by the Minister, the applicant has produced a copy of the invitation to participate in the event.
400.232
The applicant’s participation in the event will be non‑ongoing.
400.233
The applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and
(d) will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.
400.234
The applicant will not receive a salary, wages or other remuneration from participation in the event, other than:
(a) an appearance fee; or
(b) prize money for participating; or
(c) reimbursement for reasonable expenses that would be incurred by the applicant; or
(d) payments made by a person who is overseas and employs the applicant.
400.235
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
400.24—Criteria for Australia’s Interest stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Australia’s Interest stream.
400.241
(1) There are compelling circumstances that:
(a) affect Australia’s interests; and
(b) require the applicant’s entry to and stay in Australia.
(2) The applicant will participate in an event, or engage in an activity or work, that relates directly to those circumstances.
400.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
400.31—Criteria
400.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 400 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with that person.
400.312
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.
400.313
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
400.314
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.315
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.316
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.4—Circumstances applicable to grant
400.411
The applicant must be outside Australia when the visa is granted.
400.5—When visa is in effect
400.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia, within 3 months after the date of the grant of the visa; and
(b) to remain in Australia for:
(i) 3 months after first entry; or
(ii) a lesser period specified by the Minister; and
(c) to travel to and enter Australia, during the period mentioned in paragraph (b):
(i) once only; or
(ii) if the Minister specifies—more than once.
400.6—Conditions
400.611
If the applicant satisfied the primary criteria for the grant of a Subclass 400 visa:
(a) conditions 8107 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
400.612
If the applicant satisfied the secondary criteria for the grant of a Subclass 400 visa:
(a) conditions 8101 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
Schedule 2—Amendments relating to Subclass 600 (Visitor) visa
Migration Regulations 1994
1 Regulation 1.03
Insert:
business visitor activity:
(a) means any of the following activities undertaken by a person:
(i) making a general business or employment enquiry;
(ii) investigating, negotiating, entering into, or reviewing a business contract;
(iii) an activity carried out as part of an official government to government visit;
(iv) participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation; but
(b) does not include either of the following activities:
(i) an activity that is, or includes, undertaking work for, or supplying services to, an organisation or other person based in Australia;
(ii) an activity that is, or includes, the sale of goods or services directly to the general public.
Note: An example for paragraph (b) is making a general business enquiry of an organisation based in Australia and also undertaking work for the organisation as part of investigating a business opportunity.
2 After item 1235 of Schedule 1
Insert:
1236 Visitor (Class FA)
(1) Form:
(a) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream:
(i) 1419; or
(ii) if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph—1419 (Internet).
Note: See subitem (3).
(b) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream:
(i) 1418 and 1149; or
(ii) if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph—1419 (Internet).
Note: See subitem (4).
(c) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream:
(i) 1415; or
(ii) if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph—1419 (Internet).
Note: See subitem (5).
(d) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream: 48G or 48G (Electronic).
Note: See subitem (6).
(2) Visa application charge:
(a) First instalment (payable at the time the application is made):
Charge
Item
Column 1
Applicant
Column 2
Charge
1
An applicant who is in Australia at the time of application
$290
2
An applicant who is outside Australia at the time of application
$115
3
An applicant who applies in the course of acting as a representative of a foreign government
Nil
4
An applicant in a class of persons specified by the Minister in an instrument in writing for this item
Nil
(b) Second instalment (payable before grant of visa): nil.
Tourist stream—additional requirements
(3) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream, the requirements in the table must be met.
Requirements
Item
Requirements
1
If the applicant is in Australia, the application must be made in Australia
2
If the applicant is outside Australia, the application must be made outside Australia
3
The applicant may make an oral application for the visa only if the applicant:
(a) is in Australia (but not in immigration clearance); and
(b) holds:
(i) a Subclass 600 (Visitor) visa; or
(ii) a Subclass 676 (Tourist) visa
Note: Regulation 2.09 deals with oral applications.
Sponsored Family stream—additional requirements
(4) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream, the requirements in the table must be met.
Requirements
Item
Requirements
1
The application must be made in a manner specified by the Minister in an instrument in writing for this item
2
The applicant must be outside Australia
Business Visitor stream—additional requirements
(5) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream, the requirements in the table must be met.
Requirements
Item
Requirements
1
The application must be made outside Australia
2
The applicant must be outside Australia
Approved Destination Status stream—additional requirements
(6) For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream, the requirements in the table must be met.
Requirements
Item
Requirements
1
The applicant must be a citizen of PRC
2
The applicant must be in PRC at the time of application
3
The applicant must be intending to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for this item
4
The application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in PRC
(7) Subclasses:
Subclass 600 (Visitor)
3 After Part 580 of Schedule 2
Insert:
Subclass 600—Visitor
600.1—Interpretation
Note 1: For business visitor activity: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
600.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 600 visa include criteria set out in streams.
If an applicant applies for a Subclass 600 visa in the Tourist stream, the criteria in Subdivisions 600.21 and 600.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 600 visa in the Sponsored Family stream, the criteria in Subdivisions 600.21 and 600.23 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Business Visitor stream, the criteria in Subdivisions 600.21 and 600.24 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Approved Destination Status stream, the criteria in Subdivisions 600.21 and 600.25 are the primary criteria.
The primary criteria must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
600.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 600 visa.
600.211
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
(c) any other relevant matter.
600.212
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
600.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
600.214
The applicant satisfies special return criteria 5001, 5002 and 5010.
600.215
If the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of:
(a) one or more visitor visas; or
(b) a Subclass 417 (Working Holiday) visa; or
(c) a Subclass 462 (Work and Holiday) visa;
exceptional circumstances exist for the grant of the visa.
600.22—Criteria for Tourist stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Tourist stream.
600.221
The applicant intends to visit Australia, or remain in Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.222
If the applicant:
(a) is in Australia; and
(b) holds a student visa, or has been the holder of a student visa since last entering Australia;
the visa is not sought for the purpose of commencing, continuing or completing a registered course in which the applicant is enrolled.
600.223
(1) If the applicant was in Australia at the time of application, and held a substantive temporary visa, the visa was not:
(a) a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or
(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(2) If the applicant was in Australia at the time of application, and did not hold a substantive visa:
(a) the last substantive visa the applicant held was not:
(i) a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or
(ii) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; and
(b) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.
600.224
(1) Subclauses (2) to (4) apply if:
(a) an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and
(b) the Minister has required the applicant, and each other applicant who is a member of the applicant’s family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(i) a relative of the applicant; or
(ii) a relative of another applicant who is a member of the family unit of the applicant; or
(iii) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(2) The applicant is sponsored as required by the Minister.
(3) The sponsorship has been approved by the Minister and is still in force.
(4) If the applicant is not a relative of the sponsor, a Subclass 600 visa in the Tourist stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.225
(1) Subclause (2) applies if:
(a) the Minister has required the applicant to be sponsored as described in paragraph 600.224(1)(b); and
(b) the applicant is sponsored as required by the Minister; and
(c) the sponsorship has been approved by the Minister and is still in force; and
(d) an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security.
(2) The security has been lodged.
600.23—Criteria for Sponsored Family stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Sponsored Family stream.
600.231
The applicant intends to visit Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.232
(1) One of subclauses (2) to (4) applies.
(2) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(a) a relative of the applicant; or
(b) a relative of another applicant who is a member of the family unit of the applicant; or
(c) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(3) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:
(a) is a member of the Commonwealth Parliament or a State Parliament; or
(b) is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(c) holds the office of mayor.
(4) The applicant is sponsored by a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality.
600.233
If subclause 600.232(2) applies, and if the applicant is not a relative of the sponsor, a Subclass 600 visa in the Sponsored Family stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.234
The sponsorship described in subclause 600.232(2), (3) or (4) has been approved by the Minister and is still in force.
600.235
If an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security, the security has been lodged.
600.24—Criteria for Business Visitor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Business Visitor stream.
600.241
The applicant intends to visit Australia to engage in a business visitor activity.
600.242
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
600.25—Criteria for Approved Destination Status stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Approved Destination Status stream.
600.251
(1) The applicant is a citizen of PRC.
(2) The applicant is resident in an area of PRC specified by the Minister in an instrument in writing for this subclause.
600.252
The applicant intends to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for item 3 of the table in subitem 1236(6) of Schedule 1.
600.253
The applicant intends to travel to Australia for the purpose of sightseeing and related activities.
600.254
A statement of the travel and touring arrangements has been provided to the Minister.
600.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
600.4—Circumstances applicable to grant
600.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
600.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
600.413
An applicant for a Subclass 600 visa in the Approved Destination Status stream must be in PRC at the time of grant.
600.5—When visa is in effect
600.511
(1) If the visa:
(a) is granted to an applicant in Australia; and
(b) does not specify that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to remain in Australia for a period, or until a date, specified by the Minister.
(2) If the visa:
(a) is granted to an applicant in Australia; and
(b) specifies that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
600.512
If the visa is granted to an applicant outside Australia, temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
600.513
Despite clauses 600.511 and 600.512, if:
(a) the visa is granted to an applicant on the basis of a deemed application under regulation 2.07AA; and
(b) the applicant already holds a substantive visa that is in effect at the time of grant;
the Subclass 600 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 600 visa ends before the other substantive visa ceases, the Subclass 600 visa never comes into effect.
600.6—Conditions
600.611
(1) Subclauses (2) to (4) apply if the visa is a Subclass 600 visa in the Tourist stream.
(2) If the sponsorship described in clause 600.224 has been approved by the Minister, conditions 8101, 8201, 8503, and 8531 must be imposed.
(3) If the applicant was not sponsored in accordance with clause 600.224, and subclause (4) does not apply:
(a) conditions 8101 and 8201 must be imposed; and
(b) conditions 8501, 8503 and 8558 may be imposed.
(4) If:
(a) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and
(b) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and
(c) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and
(d) the applicant has compelling personal reasons to work in Australia;
condition 8201 must be imposed and condition 8503 may be imposed.
600.612
If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.
600.613
If the visa is a Subclass 600 visa in the Business Visitor stream:
(a) conditions 8115 and 8201 must be imposed; and
(b) condition 8503 may be imposed.
600.614
If the visa is a Subclass 600 visa in the Approved Destination Status stream, conditions 8101, 8207, 8503 and 8530 must be imposed.
4 After clause 8114 of Schedule 8
Insert:
8115 The holder must not work in Australia other than by engaging in a business visitor activity.
Schedule 3—Amendments relating to Subclass 601 (Electronic Travel Authority) visa
Migration Regulations 1994
1 Item 1208A of Schedule 1
Repeal the item, substitute:
1208A Electronic Travel Authority (Class UD)
(1) Form: nil.
Note: An application for this visa must be made in a way set out in regulation 2.07AB.
(2) Visa application charge:
(a) First instalment (payable at the time the application is made): nil.
(b) Second instalment (payable before grant of visa): nil.
(3) Other:
(a) An application may be made in or outside Australia.
(b) If an application is made in immigration clearance, the applicant must be in immigration clearance.
(c) If an application is made in Australia (except in immigration clearance), or outside Australia, the applicant must be outside Australia.
(d) An application made outside Australia must be made at:
(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii) an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(e) An application made in Australia must be made:
(i) in immigration clearance; or
(ii) at an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(f) An applicant must hold an ETA‑eligible passport.
(4) Subclasses:
Subclass 601 (Electronic Travel Authority)
2 After Part 600 of Schedule 2
Insert:
Subclass 601—Electronic Travel Authority
601.1—Interpretation
Note 1: For business visitor activity and ETA‑eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
601.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 601 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
601.21—Criteria
601.211
The applicant holds an ETA‑eligible passport.
601.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
601.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
601.214
The applicant satisfies special return criteria 5001 and 5002.
601.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
601.4—Circumstances applicable to grant
601.411
If the application is made in immigration clearance, the applicant must be in immigration clearance at time of grant.
601.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
601.5—When visa is in effect
601.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions within the shorter of:
(i) 12 months from the date of the grant of the visa; and
(ii) the life of the holder’s passport; and
(b) to remain in Australia, after each entry, for 3 months.
601.512
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect.
601.513
If the applicant already holds a substantive visa that is in effect at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
601.6—Conditions
601.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Schedule 4—Amendments relating to Subclass 602 (Medical Treatment) visa
Migration Regulations 1994
1 Item 1214A of Schedule 1
Repeal the item, substitute:
1214A Medical Treatment (Visitor) (Class UB)
(1) Form: 48ME.
(2) Visa application charge:
(a) First instalment (payable at the time the application is made):
Charge
Item
Column 1
Applicant
Column 2
Charge
1
An applicant who:
(a) is in Australia at the time of application; and
(b) does not apply in the course of acting as a representative for a foreign government
$245
2
An applicant who is outside Australia at the time of application
Nil
3
An applicant who applies in the course of acting as a representative for a foreign government
Nil
(b) Second instalment (payable before grant of visa): nil.
(3) Other:
(a) An application by an applicant who is in Australia must be made by:
(i) posting the application (with the correct pre‑paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or
(iii) faxing the application to the fax number specified by the Minister in an instrument in writing for this subparagraph.
(b) An application by an applicant who is outside Australia must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
(c) An applicant may be in or outside Australia, but not in immigration clearance.
(d) An application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
Subclass 602 (Medical Treatment)
2 After Part 601 of Schedule 2
Insert:
Subclass 602—Medical Treatment
602.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
602.2—Primary criteria
Note: All applicants must satisfy the primary criteria unless the applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying subclause 602.212(6) (unfit to depart); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying subclause 685.221(4) (unfit to depart).
Those applicants must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
602.211
The applicant seeks to visit Australia, or remain in Australia temporarily, for the purposes of medical treatment or for related purposes.
602.212
(1) The requirements in one of subclauses (2) to (8) are met.
Medical treatment
(2) All of the following requirements are met:
(a) the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
(b) arrangements have been concluded to carry out the treatment;
(c) if the treatment is an organ transplant:
(i) the donor of the relevant organ is accompanying the applicant to Australia; or
(ii) all requisite arrangements to effect the donation of the organ have been concluded in Australia;
(d) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
(e) arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(f) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Organ donor
(3) All of the following requirements are met:
(a) the applicant seeks to donate an organ for transplant in Australia;
(b) if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
(c) the applicant satisfies public interest criterion 4005;
(d) arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(e) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Support person
(4) All of the following requirements are met:
(a) the applicant seeks to give emotional and other support to an applicant in relation to whom:
(i) the requirements described in subclause (2) or (3) are met; or
(ii) the requirements described in subclause 675.212(2) or (3) are met; or
(iii) the requirements described in subclause 685.212(2) or (3) are met;
(b) the person to whom the applicant is to provide support holds:
(i) a Subclass 602 visa on the basis that the requirements described in subclause (2) or (3) have been met; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa on the basis that the requirements described in subclause 675.212(2) or (3) have been met; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis that the requirements described in subclause 685.212(2) or (3) have been met;
(c) the applicant satisfies public interest criterion 4005.
Western Province of Papua New Guinea
(5) All of the following requirements are met:
(a) the applicant is a citizen of Papua New Guinea;
(b) the applicant resides in the Western Province of Papua New Guinea;
(c) the Department of the government of Queensland that is responsible for health has approved the medical evacuation of the applicant to, or treatment of the applicant in, a hospital in Queensland.
Unfit to depart
(6) All of the following requirements are met:
(a) the applicant is in Australia;
(b) the applicant has turned 50;
(c) the applicant has applied for a permanent visa while in Australia;
(d) the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
(e) the applicant has been refused the visa;
(f) the applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth.
Financial hardship
(7) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant holds:
(i) a Subclass 602 visa; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa;
(d) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia;
(e) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia;
(f) the applicant, or a member of the applicant’s immediate family, cannot leave Australia for reasons beyond his or her control;
(g) the applicant has compelling personal reasons to work in Australia;
(h) the applicant satisfies public interest criterion 4005.
Compelling personal reasons
(8) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant has compelling personal reasons for the grant of the visa;
(d) the applicant satisfies public interest criterion 4005, other than paragraph 4005(1)(c).
602.213
(1) Subclause (2) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant held a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(2) The substantive temporary visa held by the applicant was not:
(a) a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or
(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(3) Subclauses (4) and (5) apply if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant did not hold a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(4) The last substantive temporary visa held by the applicant was not:
(a) a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or
(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(5) The applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.
602.214
(1) No Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.215
(1) The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 602 visa would be subject; and
(c) any other relevant matter.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.216
(1) The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.218
The applicant satisfies public interest criteria 4020 and 4021.
602.219
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.219A
The applicant satisfies special return criteria 5001, 5002 and 5010.
602.219B
(1) If the application is made in Australia:
(a) the period of stay in Australia to which the application relates is not sought for the purpose of commencing, continuing or completing any studies or training; and
(b) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of one or more visitor visas, compelling personal reasons or exceptional circumstances exist for the grant of the visa.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.3—Secondary criteria
Note: These criteria are for certain applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
602.311
The applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying the requirements in subclause 602.212(6); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying the requirements in subclause 685.221(4).
602.312
(1) The applicant satisfies public interest criteria 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.313
The applicant satisfies special return criterion 5010.
Financial hardship
602.314
(1) Subclauses (2) to (6) apply if the applicant holds:
(a) a Subclass 602 visa; or
(b) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(c) a Subclass 685 (Medical Treatment (Long Stay)) visa.
(2) The applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia.
(3) The applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia.
(4) For reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia.
(5) The applicant has compelling personal reasons to work in Australia.
(6) The applicant satisfies public interest criterion 4005.
602.4—Circumstances applicable to grant
602.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
602.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
602.5—When visa is in effect
602.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on one or more occasions until a date specified by the Minister; and
(b) to remain in Australia for a period specified by the Minister.
602.6—Conditions
602.611
(1) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the primary criteria; and
(b) the requirements described in subclause 602.212(7) have been met in relation to the applicant;
condition 8201 must be imposed.
(2) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the secondary criteria; and
(b) the requirements described in clause 602.314 have been met in relation to the applicant;
condition 8201 must be imposed.
(3) In any other case, conditions 8101 and 8201 must be imposed.
602.612
Condition 8503 may be imposed.
Schedule 5—Amendments relating to Subclass 651 (eVisitor) visa
Migration Regulations 1994
1 Part 651 of Schedule 2
Repeal the Part, substitute:
Subclass 651—eVisitor
651.1—Interpretation
Note 1: For business visitor activity and eVisitor eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
651.2—Primary Criteria
Note: The primary criteria for the grant of a Subclass 651 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
651.21—Criteria
651.211
The applicant holds an eVisitor eligible passport.
651.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
651.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
651.214
The applicant satisfies special return criteria 5001 and 5002.
651.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
651.4—Circumstances applicable to grant
651.411
The applicant must be outside Australia at the time of the grant.
651.5—When visa is in effect
651.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions within 12 months from the date of the grant of the visa; and
(b) to remain in Australia, after each entry, for 3 months.
651.6—Conditions
651.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Schedule 6—Further amendments relating to Schedules 1 to 5 and temporary work visas
Migration Regulations 1994
1 Regulation 1.03 (definition of person designated under regulation 2.07AO)
Repeal the definition.
2 Regulation 1.03 (definition of substituted Subclass 676 visa)
Repeal the definition, substitute:
substituted Subclass 600 visa means:
(a) a Subclass 600 (Visitor) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 345, 351, 391, 417, 454 or 501J of the Act; or
(b) a Subclass 676 (Tourist) visa that was granted, before 23 March 2013, following a decision by the Minister to substitute a more favourable decision under section 345, 351, 391, 417, 454 or 501J of the Act.
Note: Before these Regulations were amended on 23 March 2013, a visa described in paragraph (b) was referred to as a “substituted Subclass 676 visa”.
3 Regulation 1.06 (note)
Repeal the note, substitute:
Note: For example, a Special Program (Temporary) (Class TE) visa may be referred to as a Class TE visa.
4 Regulation 1.20L (heading)
Repeal the heading, substitute:
1.20L Limitation on approval of sponsorship—Subclass 600 (Visitor) visas
5 Subregulation 1.20L(1)
Repeal the subregulation, substitute:
(1) The Minister must not approve the sponsorship by a sponsor of an applicant for a Subclass 600 (Visitor) visa if:
(a) the sponsor has previously sponsored the applicant, or another applicant, for:
(i) a Subclass 600 (Visitor) visa; or
(ii) a Sponsored (Visitor) (Class UL) visa; and
(b) the visa mentioned in paragraph (a) was granted; and
(c) either:
(i) subject to subregulation (3)—the visa is still in effect; or
(ii) subject to subregulation (4)—each of the following applies:
(A) the visa has ceased to be in effect;
(B) the previous applicant did not comply with a condition of the visa;
(C) a period of 5 years has not passed since the grant of the visa.
6 Subregulation 1.20L(2)
Repeal the subregulation.
7 Paragraph 1.20L(3)(a)
Repeal the paragraph, substitute:
(a) the previous applicant holds a Subclass 600 (Visitor) visa; and
8 Paragraph 1.20L(4)(a)
Repeal the paragraph, substitute:
(a) the previous applicant holds a Subclass 600 (Visitor) visa; and
9 Subregulation 2.07AA(2)
Omit “a Temporary Business Entry (Class UC) visa”, substitute “a Subclass 600 (Visitor) visa in the Business Visitor stream”.
10 Paragraph 2.07AA(3)(a)
Omit “a Temporary Business Entry (Class UC) visa”, substitute “a Subclass 600 (Visitor) visa in the Business Visitor stream”.
11 Paragraph 2.07AA(3)(b)
Omit “a Temporary Business Entry (Class UC) visa”, substitute “a Subclass 600 (Visitor) visa in the Business Visitor stream”.
12 Regulation 2.07AO
Repeal the regulation.
13 Paragraph 2.12(1)(ca)
Omit “subject to subregulation (3),”.
14 Subregulation 2.12(3)
Repeal the subregulation.
15 Division 2.2AA
Repeal the Division.
16 Subregulation 2.12F(2)
Omit “the circumstances are as follows”, substitute “each of the following is a circumstance”.
17 Paragraph 2.12F(2)(d)
Repeal the paragraph, substitute:
(d) the application is an application made in Australia for a Tourist (Class TR) visa by an applicant who:
(i) satisfies the Minister that the applicant meets the requirements of subclause 676.221(3) of Schedule 2; and
(ii) is granted the further visa referred to in that subclause;
(da) the application is an application made in Australia, before 23 March 2013, for a Medical Treatment (Visitor) (Class UB) visa by an applicant who:
(i) satisfies the Minister that the applicant meets the requirements of subclause 675.221(4) or 685.221(6) of Schedule 2 as in force immediately before that date; and
(ii) is granted the further visa referred to in that subclause;
(db) the application is an application made in Australia, on or after 23 March 2013, for a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa by an applicant:
(i) in relation to whom the requirements of subclause 600.611(4), subclause 602.212(7) or clause 602.314 of Schedule 2 have been satisfied; and
(ii) who is granted the visa to which the requirements relate;
18 Sub‑subparagraph 2.15(1)(b)(ii)(A)
After “a Tourist (Class TR) visa”, insert “, a Subclass 600 (Visitor) visa”.
19 Subparagraph 2.15(3)(b)(i)
After “a Tourist (Class TR) visa”, insert “, a Subclass 600 (Visitor) visa”.
20 After paragraph 2.19B(a)
Insert:
(aa) a Subclass 601 (Electronic Travel Authority) visa;
(ab) a Subclass 651 (eVisitor) visa;
21 Paragraph 2.21B(1)(a)
Omit “or form 1182”, insert “, form 1182, form 48ME, form 1419 or form 1419 (Internet)”.
22 Paragraph 2.21B(1)(b)
After “a Tourist (Class TR) visa”, insert “or a Subclass 600 (Visitor) visa”.
23 Subregulation 2.25A(2)
Repeal the subregulation, substitute:
(2) In determining whether an applicant satisfies the criteria for the grant of a Medical Treatment (Visitor) (Class UB) visa, if there is information known to Immigration (either through the application or otherwise) to the effect that the requirement in subclause 602.212(2)(d) has not been met, the Minister must seek the opinion of a Medical Officer of the Commonwealth on whether the requirement has been met.
24 Subparagraph 2.43(1)(e)(i)
Omit “under the age of 18 years”, insert “under 18”.
25 Subparagraph 2.43(1)(e)(ii)
Repeal the subparagraph.
26 Subparagraph 2.43(1)(e)(iii)
Omit “under the age of 18 years”, insert “under 18”.
27 Subparagraph 2.43(1)(e)(iv)
Omit “under the age of 18 years;”, insert “under 18; or”.
28 After subparagraph 2.43(1)(e)(iv)
Insert:
(iva) the holder of a Subclass 600 (Visitor) visa in the Tourist stream, that was applied for using form 1419 (Internet), who is under 18;
29 After paragraph 2.43(1)(e)
Insert:
(ea) in the case of a Subclass 601 (Electronic Travel Authority) visa—that, despite the grant of the visa, the Minister is satisfied that the visa holder:
(i) did not have, at the time of the grant of the visa, an intention only to stay in, or visit, Australia temporarily for the tourism or business purposes for which the visa was granted; or
(ii) has ceased to have that intention;
30 Subparagraph 2.43(1)(f)(i)
Omit “under the age of 18 years”, insert “under 18”.
31 Subparagraph 2.43(1)(f)(ii)
Repeal the subparagraph.
32 Sub‑subparagraph 2.43(1)(f)(iii)(A)
Omit “under the age of 18 years”, insert “under 18”.
33 Subparagraph 2.43(1)(f)(iv)
Omit “under the age of 18 years”, insert “under 18”.
34 After subparagraph 2.43(1)(f)(iv)
Insert:
; or (v) the holder of a Subclass 600 (Visitor) visa in the Tourist stream, that was applied for using form 1419 (Internet), who is under 18 and is not accompanied by his or her parent or guardian;
35 After subparagraph 2.43(1)(i)(ia)
Insert:
(ib) a Subclass 600 (Visitor) visa in the Business Visitor stream; or
36 Subparagraphs 2.43(1)(ia)(i), (ia), (ib) and (ic)
Repeal the subparagraphs, substitute:
(i) a Subclass 400 (Temporary Work (Short Stay Activity)) visa; or
(ia) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or
(ib) a Subclass 402 (Training and Research) visa; or
(ic) a Subclass 403 (Temporary Work (International Relations)) visa; or
(id) a Subclass 411 (Exchange) visa; or
37 Subparagraphs 2.43(1)(j)(i), (ii), (iii) and (iv)
Repeal the subparagraphs, substitute:
(i) a Subclass 600 (Visitor) visa that is not in the Business Visitor stream; or
(ii) a Subclass 676 (Tourist) visa; or
(iii) a Subclass 679 (Sponsored Family Visitor) visa;
38 Subparagraphs 2.43(1)(le)(i), (ii) and (iii)
Repeal the subparagraphs, substitute:
(i) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or
(ii) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or
(iii) a Subclass 428 (Religious Worker) visa; or
(iv) a Subclass 457 (Temporary Work (Skilled)) visa;
39 Subparagraph 2.85(1)(a)(iii)
Omit “Research stream or”.
40 Subparagraph 2.85(1)(a)(iv)
Omit “Research stream or”.
41 Subparagraph 2.85(4)(a)(iii)
Omit “the Research stream or”.
42 Paragraph 3.03(3)(e)
After “of Schedule 1”, insert “, as in force before 23 March 2013,”.
43 After paragraph 3.03(3)(e)
Insert:
(ea) if the non‑citizen holds a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA:
(i) present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
44 After paragraph 3.03(3)(f)
Insert:
(fa) if the non‑citizen holds a Subclass 600 (Visitor) visa granted on the basis of an Internet application:
(i) present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer; and
45 Subregulation 4.23(1)
Omit “a Short Stay Sponsored (Visitor) (Class UL) visa (also known as a Sponsored (Visitor) (Class UL) visa), a Long Stay (Visitor) (Class TN) visa, a Short Stay (Visitor) (Class TR) visa or a Tourist (Class TR) visa”, insert “a Sponsored (Visitor) (Class UL) visa, a Tourist (Class TR) visa or a Subclass 600 (Visitor) visa”.
46 Paragraph 5.19(2)(a)
After “form 1395”, insert “(Internet)”.
47 Paragraph 5.19(3)(a)
Omit “Subclass 457 (Business (Long Stay)) visa” (wherever occurring), substitute “Subclass 457 (Temporary Work (Skilled)) visa”.
48 Subparagraph 5.19(3)(b)(i)
Omit “Subclass 457 (Business (Long Stay)) visa”, substitute “Subclass 457 (Temporary Work (Skilled)) visa”.
49 Paragraph 5.19(3)(c)
Omit “Subclass 457 (Business (Long Stay)) visa” (wherever occurring), substitute “Subclass 457 (Temporary Work (Skilled)) visa”.
50 Subregulation 5.38(1)
Omit “a Sponsored (Visitor) (Class UL) visa”, insert “a Subclass 600 (Visitor) visa”.
51 Sub‑subparagraph 1130(2)(a)(ia)(B) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
52 Sub‑sub‑subparagraph 1130(2)(b)(ia)(A)(II) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
53 Sub‑sub‑subparagraph 1130(2)(b)(ia)(B)(II) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
54 Subparagraph 1130(3)(a)(ii) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
55 Sub‑subparagraph 1130A(2)(a)(iia)(B) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
56 Sub‑sub‑subparagraph 1130A(2)(b)(ia)(A)(II) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
57 Sub‑sub‑subparagraph 1130A(2)(b)(ia)(B)(II) of Schedule 1
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
58 Item 1217A of Schedule 1
Repeal the item.
59 Subitem 1218(1) of Schedule 1
Repeal the subitem, substitute:
(1) Form:
(a) If the applicant is:
(i) in Australia; and
(ii) in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 601E.
(b) If the applicant is:
(i) outside Australia; and
(ii) in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 48 (Internet).
60 Subitem 1218(3) of Schedule 1
Repeal the subitem, substitute:
(3) Other:
(a) Oral application may be made if, and only if, the applicant:
(i) is in Australia (but not in immigration clearance); and
(ii) is the holder of:
(A) a Long Stay (Visitor) (Class TN) visa; or
(B) a Short Stay (Visitor) (Class TR) visa; or
(C) a Tourist (Class TR) visa.
(b) Application (not being an oral application) by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.
61 Subitem 1222(5) of Schedule 1 (definition of relevant visa)
Repeal the definition.
62 Paragraph 1223A(1)(a) of Schedule 1
Repeal the paragraph.
63 Paragraph 1223A(1)(c) of Schedule 1
Repeal the paragraph.
64 Subparagraph 1223A(2)(a)(i) of Schedule 1
Repeal the subparagraph.
65 Subparagraphs 1223A(2)(a)(vii) to (ix) of Schedule 1
Repeal the subparagraphs.
66 Paragraph 1223A(3)(a) of Schedule 1
Repeal the paragraph.
67 Paragraph 1223A(3)(b) of Schedule 1
Repeal the paragraph.
68 Paragraphs 1223A(3)(e) and (f) of Schedule 1
Repeal the paragraphs.
69 Subitem 1223A(4) of Schedule 1
Omit “Subclass 456 (Business (Short Stay))”.
70 Paragraph 1234(2)(a) of Schedule 1 (items 1 and 2)
Repeal the items, substitute:
1
an applicant who is:
(a) a person:
(i) to whom privileges and immunities are, or are expected to be, accorded under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and
(ii) who is expected to be recommended by the Foreign Minister for the grant of a visa; or
(b) a member of that person’s family unit
nil
2
an applicant who is:
(a) a person who:
(i) holds a valid diplomatic, official or service passport; and
(ii) holds a third person note of support for the application from the government, or a government agency, of the applicant’s home country; or
(b) a member of that person’s family unit
nil
71 Sub‑subparagraph 010.211(4)(a)(i)(B) of Schedule 2
After “8112”, insert “, 8115”.
72 Subclause 010.611(4) of Schedule 2
After “8114,”, insert “8115,”.
73 Subclause 020.611(5) of Schedule 2
After “8114,”, insert “8115,”.
74 Sub‑sub‑subparagraph 143.211(1)(b)(i)(B)(II) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
75 Sub‑subparagraph 143.212(4)(a)(ii)(B) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
76 Paragraph 143.213(b) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
77 Clause 143.225 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
78 Clause 143.225 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
79 Clause 143.229 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
80 Clause 143.229 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
81 Clause 143.230 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
82 Clause 143.230 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
83 Sub‑subparagraph 143.311(b)(ii)(B) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(B) a substituted Subclass 600 visa;
84 Clause 143.324 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
85 Clause 143.324 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
86 Paragraph 143.411(b) of Schedule 2
Repeal the paragraph, substitute:
(b) the holder of a substituted Subclass 600 visa; or
87 Paragraph 143.411(c) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
88 Subparagraph 155.212(2)(b)(i) of Schedule 2
After “other than”, insert “a Subclass 601 (Electronic Travel Authority) visa,”.
89 Sub‑subparagraph 157.212(2)(a)(ii)(A) of Schedule 2
After “other than”, insert “a Subclass 601 (Electronic Travel Authority) visa,”.
90 Paragraph 186.223(1)(b) of Schedule 2
Omit “Subclass 457 (Business (Long Stay)) visa”, insert “Subclass 457 (Temporary Work (Skilled)) visa”.
91 Paragraph 187.223(1)(b) of Schedule 2
Omit “Subclass 457 (Business (Long Stay)) visa”, insert “Subclass 457 (Temporary Work (Skilled)) visa”.
92 Clause 401.222 of Schedule 2
Omit “An exchange agreement”, insert “The exchange agreement”.
93 Part 456 of Schedule 2
Repeal the Part.
94 Subclause 457.223(1) of Schedule 2
Omit “subclause (2), (4) or (8)”, insert “subclause (2) or (4)”.
95 Subclause 457.223(8) of Schedule 2 (including the subheading)
Repeal the subclause.
96 Clause 457.223B of Schedule 2
Repeal the clause, substitute:
457.223B
The Minister is satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
97 Clause 457.324D of Schedule 2
Omit “subclause 457.223(8)”, insert “subclause 457.223(8), as in force immediately before 23 March 2013,”.
98 Subclause 457.611(1) of Schedule 2
Repeal the subclause, substitute:
457.611
(1) For an applicant other than an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of:
(a) subclause 457.223(8), as in force immediately before 23 March 2013; or
(b) subclause 457.223(9), as in force immediately before 24 November 2012;
condition 8501.
99 Part 459 of Schedule 2
Repeal the Part.
100 Paragraph 570.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
101 Subparagraph 570.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
102 Subparagraph 570.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
103 Subparagraphs 570.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
104 After subparagraph 570.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
105 Subparagraph 570.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
106 Subparagraph 570.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
107 Sub‑subparagraph 570.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
108 Sub‑subparagraph 570.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
109 Sub‑subparagraphs 570.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
110 After sub‑subparagraph 570.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
111 Sub‑subparagraph 570.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
112 Paragraph 570.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
113 Subparagraph 570.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
114 Subparagraph 570.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
115 Subparagraphs 570.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
116 After subparagraph 570.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
117 Subparagraph 570.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
118 Paragraph 571.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
119 Subparagraph 571.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
120 Subparagraph 571.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
121 Subparagraphs 571.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
122 After subparagraph 571.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
123 Subparagraph 571.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
124 Subparagraph 571.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
125 Sub‑subparagraph 571.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
126 Sub‑subparagraph 571.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
127 Sub‑subparagraphs 571.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
128 After sub‑subparagraph 571.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
129 Sub‑subparagraph 571.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
130 Paragraph 571.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
131 Subparagraph 571.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
132 Subparagraph 571.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
133 Subparagraphs 571.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
134 After subparagraph 571.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
135 Subparagraph 571.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
136 Paragraph 572.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
137 Subparagraph 572.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
138 Subparagraph 572.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
139 Subparagraphs 572.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
140 After subparagraph 572.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
141 Subparagraph 572.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
142 Subparagraph 572.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
143 Sub‑subparagraph 572.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
144 Sub‑subparagraph 572.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
145 Sub‑subparagraphs 572.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
146 After sub‑subparagraph 572.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
147 Sub‑subparagraph 572.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
148 Paragraph 572.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
149 Subparagraph 572.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
150 Subparagraph 572.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
151 Subparagraphs 572.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
152 After subparagraph 572.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
153 Subparagraph 572.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
154 Paragraph 573.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
155 Subparagraph 573.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
156 Subparagraph 573.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
157 Subparagraphs 573.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
158 After subparagraph 573.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
159 Subparagraph 573.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
160 Subparagraph 573.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
161 Sub‑subparagraph 573.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
162 Sub‑subparagraph 573.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
163 Sub‑subparagraphs 573.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
164 After sub‑subparagraph 573.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
165 Sub‑subparagraph 573.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
166 Paragraph 573.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
167 Subparagraph 573.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
168 Subparagraph 573.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
169 Subparagraphs 573.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
170 After subparagraph 573.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
171 Subparagraph 573.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
172 Paragraph 574.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
173 Subparagraph 574.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
174 Subparagraph 574.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
175 Subparagraphs 574.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
176 After subparagraph 574.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
177 Subparagraph 574.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
178 Subparagraph 574.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
179 Sub‑subparagraph 574.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
180 Sub‑subparagraph 574.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
181 Sub‑subparagraphs 574.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
182 After sub‑subparagraph 574.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
183 Sub‑subparagraph 574.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
184 Paragraph 574.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
185 Subparagraph 574.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
186 Subparagraph 574.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
187 Subparagraphs 574.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
188 After subparagraph 574.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
189 Subparagraph 574.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
190 Paragraph 575.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
191 Subparagraph 575.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
192 Subparagraph 575.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
193 Subparagraphs 575.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
194 After subparagraph 575.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
195 Subparagraph 575.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
196 Subparagraph 575.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
197 Sub‑subparagraph 575.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
198 Sub‑subparagraph 575.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
199 Sub‑subparagraphs 575.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
200 After sub‑subparagraph 575.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
201 Sub‑subparagraph 575.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
202 Paragraph 575.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
203 Subparagraph 575.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
204 Subparagraph 575.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
205 Subparagraphs 575.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
206 After subparagraph 575.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
207 Subparagraph 575.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
208 Paragraph 576.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
209 Subparagraph 576.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
210 Subparagraph 576.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
211 Subparagraphs 576.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
212 After subparagraph 576.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
213 Subparagraph 576.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
214 Paragraph 576.312(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
215 Subparagraph 576.312(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
216 Subparagraph 576.312(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
217 Subparagraphs 576.312(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
218 After subparagraph 576.312(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
219 Subparagraph 576.312(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
220 Paragraph 580.211(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
221 Subparagraph 580.211(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
222 Subparagraph 580.211(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
223 Subparagraphs 580.211(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
224 After subparagraph 580.211(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
225 Subparagraph 580.211(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
226 Subclause 580.223(2A) of Schedule 2
Repeal the subclause, substitute:
(2A) The Minister may waive the requirement under paragraph (2)(d) if:
(a) each child under 6 would be subject to assessment level 1 or 2 if the child were an applicant for a Subclass 571 (Schools Sector) visa; and
(b) the Minister is satisfied that there are compelling and compassionate reasons to do so.
227 Subparagraph 580.227(c)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
228 Sub‑subparagraph 580.227(c)(i)(I) of Schedule 2
Repeal the sub‑subparagraph.
229 Sub‑subparagraph 580.227(c)(i)(L) of Schedule 2
Repeal the sub‑subparagraph.
230 Sub‑subparagraphs 580.227(c)(i)(NA) and (NB) of Schedule 2
Repeal the sub‑subparagraphs, substitute:
(NA) Subclass 400 (Temporary Work (Short Stay Activity));
(NB) Tourist (Class TR);
(NC) Visitor (Class TV);
231 After sub‑subparagraph 580.227(c)(i)(Q) of Schedule 2
Insert:
(QA) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
232 Sub‑subparagraph 580.227(c)(i)(S) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(S) Special Program (Temporary) (Class TE);
(T) Subclass 600 (Visitor); or
233 Paragraph 580.311(2)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
234 Subparagraph 580.311(2)(a)(ix) of Schedule 2
Repeal the subparagraph.
235 Subparagraph 580.311(2)(a)(xii) of Schedule 2
Repeal the subparagraph.
236 Subparagraphs 580.311(2)(a)(xva) and (xvb) of Schedule 2
Repeal the subparagraphs, substitute:
(xva) Subclass 400 (Temporary Work (Short Stay Activity));
(xvb) Tourist (Class TR);
(xvc) Visitor (Class TV);
237 After subparagraph 580.311(2)(a)(xviii) of Schedule 2
Insert:
(xviiia) Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;
238 Subparagraph 580.311(2)(a)(xx) of Schedule 2
Repeal the subparagraph, substitute:
(xx) Special Program (Temporary) (Class TE);
(xxi) Subclass 600 (Visitor); or
239 Part 675 of Schedule 2
Repeal the Part.
240 Clause 676.214 of Schedule 2
Repeal the clause.
241 Paragraph 676.221(2)(d) of Schedule 2
Repeal the paragraph.
242 Clause 676.412 of Schedule 2
Repeal the clause.
243 Clause 676.612 of Schedule 2
Repeal the clause.
244 Part 679 of Schedule 2
Repeal the Part.
245 Part 685 of Schedule 2
Repeal the Part.
246 Subparagraph 773.213(1)(g)(iii) of Schedule 2
Repeal the subparagraph, substitute:
(iii) appears to the Minister, from information in the application, to be a person:
(A) who is eligible for the grant of a Visitor (Class TV) visa; or
(B) who is, apart from the requirements of subitem 1236(5) of Schedule 1, eligible for the grant of a Subclass 600 (Visitor) visa; or
(C) who is, apart from the requirements of subitem 1224(3) of Schedule 1 and clause 771.411 of this Schedule, eligible for the grant of a Transit (Temporary) (Class TX) visa; or
(D) who is, apart from the requirements of item 1231 of Schedule 1 and clause 400.411 of this Schedule, eligible for the grant of a Subclass 400 (Temporary Work (Short Stay Activity)) visa.
247 After paragraph 773.213(3)(u) of Schedule 2
Insert:
(ua) Temporary Work (International Relations) (Class GD);
248 At the end of subclause 773.213(3) of Schedule 2
Add:
; (w) Special Program (Temporary) (Class TE).
249 Paragraph 804.212(1)(a) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
250 Paragraph 804.212(1)(b) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
251 Clause 804.214 of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
252 Paragraph 804.221(b) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
253 Clause 804.225 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
254 Clause 804.225 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
255 Subclause 804.226(1) of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
256 Subclause 804.226(1) of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
257 Subclause 804.226(2) of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
258 Subclause 804.226(2) of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
259 Clause 804.322 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
260 Clause 804.322 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
261 Paragraph 858.211(1)(a) of Schedule 2
After “the following classes”, insert “or subclasses”.
262 Subparagraph 858.211(1)(a)(ii) of Schedule 2
Repeal the subparagraph.
263 Subparagraph 858.211(1)(a)(iii) of Schedule 2
Repeal the subparagraph, substitute:
(iii) Sponsored (Visitor) (Class UL);
264 Subparagraph 858.211(1)(a)(iv) of Schedule 2
Repeal the subparagraph.
265 After subparagraph 858.211(1)(a)(iva) of Schedule 2
Insert:
(v) Subclass 400 (Temporary Work (Short Stay Activity));
266 Subparagraph 858.211(1)(a)(vii) of Schedule 2
Repeal the subparagraph, substitute:
(vii) Visitor (Class TV);
(viii) Subclass 600 (Visitor); or
267 Subparagraph 858.211(2)(b)(i) of Schedule 2
After “the following classes”, insert “or subclasses”.
268 Sub‑subparagraph 858.211(2)(b)(i)(B) of Schedule 2
Repeal the sub‑subparagraph.
269 Sub‑subparagraph 858.211(2)(b)(i)(C) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(C) Sponsored (Visitor) (Class UL);
270 Sub‑subparagraph 858.211(2)(b)(i)(D) of Schedule 2
Repeal the sub‑subparagraph.
271 After sub‑subparagraph 858.211(2)(b)(i)(DA) of Schedule 2
Insert:
(E) Subclass 400 (Temporary Work (Short Stay Activity));
272 Sub‑subparagraph 858.211(2)(b)(i)(G) of Schedule 2
Repeal the sub‑subparagraph, substitute:
(G) Visitor (Class TV);
(H) Subclass 600 (Visitor); or
273 Paragraph 864.212(ab) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
274 Subparagraph 864.212(c)(i) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
275 Subparagraph 864.212(c)(ii) of Schedule 2
Omit “the substituted Subclass 676 visa”, insert “the substituted Subclass 600 visa”.
276 Subparagraph 864.212(d)(ii) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
277 Sub‑subparagraph 864.213(4)(a)(ii)(B) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
278 Paragraph 864.214(b) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
279 Clause 864.223 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
280 Clause 864.223 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
281 Clause 864.227 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
282 Clause 864.227 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
283 Clause 864.228 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
284 Clause 864.228 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
285 Clause 864.324 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
286 Clause 864.324 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
287 Subparagraph 884.212(1)(a)(ii) of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
288 Clause 884.213 of Schedule 2
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
289 Clause 884.224 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
290 Clause 884.224 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
291 Clause 884.226 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
292 Clause 884.226 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
293 Clause 884.227 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
294 Clause 884.227 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
295 Clause 884.323 of Schedule 2 (table item 1)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
296 Clause 884.323 of Schedule 2 (table item 2)
Omit “a substituted Subclass 676 visa”, insert “a substituted Subclass 600 visa”.
297 Part 956 of Schedule 2
Repeal the Part.
298 Part 976 of Schedule 2
Repeal the Part.
299 Part 977 of Schedule 2
Repeal the Part.
300 Paragraph 4013(2)(d) of Part 1 of Schedule 4
Omit “paragraph 2.43(1)(i),”, insert “paragraph 2.43(1)(ea), (i),”.
301 After item 4058G of Part 2 of Schedule 4
Insert:
4058GA
602 (Medical Treatment)
8101 or 8201
302 Items 4058H to 4063 of Part 2 of Schedule 4
Repeal the items, substitute:
4058H
651 (eVisitor)
8101, 8115 or 8201
303 Item 4065 of Part 2 of Schedule 4
Repeal the item.
304 After item 4065A of Part 2 of Schedule 4
Insert:
4065B
600 (Visitor)
8101, 8115, 8201 and 8558
305 Items 4066 to 4069 of Part 2 of Schedule 4
Repeal the items.
306 Item 4071 of Part 2 of Schedule 4
Repeal the item.
307 After item 4075 of Part 2 of Schedule 4
Insert:
4076
601 (Electronic Travel Authority)
8115 and 8201
308 Subclause 8201(2) of Schedule 8 (after table item 1)
Insert:
1A
Subclass 602 (Medical Treatment) visa in relation to which the holder:
(a) is under 18; and
(b) has experienced a change in circumstances while in Australia; and
(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances
309 Clause 8530 of Schedule 8
Repeal the clause, substitute:
8530
The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.
310 Item 22 of Part 1 of Schedule 9 (column 2)
After “of Schedule 1”, insert “, as in force before 23 March 2013,”.
311 Item 23 of Part 1 of Schedule 9
Repeal the item, substitute:
22A
Persons holding a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA
(a) a passport of a designated APEC economy; or
(b) in the case of a permanent resident of Hong Kong—any valid passport
Yes
23
Persons holding:
(a) a visa granted on the basis of an Internet application; and
The passport mentioned in column 2
Yes
(b) either:
(i) a passport of a kind specified by the Minister in an instrument in writing for paragraph 1218(3)(d) of Schedule 1, as in force before 23 March 2013; or
(ii) a passport of a kind specified by the Minister in an instrument in writing for subparagraph 1218(1)(b)(ii) of Schedule 1; or
(iii) a passport of a kind specified by the Minister in an instrument in writing for item 1 of the table in subitem 1236(4) of Schedule 1; or
(iv) a working holiday eligible passport within the meaning of subitem 1225(5) of Schedule 1
Schedule 7—Amendments relating to Subclass 401 (Temporary Work (Long Stay Activity)) visa
Migration Regulations 1994
1 At the end of subregulation 2.60L(2)
Add:
(f) a foreign government agency in relation to which the following circumstances exist:
(i) the foreign government agency is the employer of a holder of a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream;
(ii) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign government agency; or
(g) a foreign organisation in relation to which the following circumstances exist:
(i) the foreign organisation is lawfully operating in Australia;
(ii) the foreign organisation is the employer of a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
(iii) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign organisation.
2 Subregulation 2.72J(2)
Omit “(3), (4) and (5)”, substitute “(3), (4), (5) and (6)”.
3 At the end of regulation 2.72J
Add:
Domestic Work (Executive)
(6) If:
(a) the person is an approved long stay activity sponsor who:
(i) is:
(A) a foreign government agency; and
(B) the employer of the holder of a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream; or
(ii) is:
(A) a foreign organisation lawfully operating in Australia; and
(B) the employer of the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
(b) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign government agency or foreign organisation;
the Minister is satisfied that:
(c) the identified visa holder or applicant will be employed to undertake full‑time domestic duties in the private household of the holder of the Subclass 403 (Temporary Work (International Relations)) or Subclass 457 (Temporary Work (Skilled)) visa who is employed by the long stay activity sponsor mentioned in paragraph 2.72J(6)(a); and
(d) the number of domestic workers granted a visa for employment in the household of the holder of the Subclass 403 (Temporary Work (International Relations)) or Subclass 457 (Temporary Work (Skilled)) visa will not, at any time, exceed 3 (including the identified visa holder or applicant); and
(e) the identified visa holder or applicant:
(i) has turned 18; and
(ii) has experience working as a domestic worker; and
(f) the long stay activity sponsor provides evidence that:
(i) the long stay activity sponsor has been unable to find a suitable person in Australia for the nominated occupation; or
(ii) there are compelling reasons for employing the identified visa holder or applicant.
4 Regulation 2.80A (heading)
Repeal the heading, substitute:
2.80A Obligation to pay travel costs—domestic worker (executive)
5 After subregulation 2.80A(1)
Insert:
(1A) This regulation also applies to a person who is or was a long stay activity sponsor of a primary sponsored person or a secondary sponsored person if:
(a) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream; or
(b) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream.
6 Subparagraphs 2.87(2A)(b)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or
7 Clause 401.111 of Schedule 2
Insert:
foreign government agency has the meaning given by subregulation 2.57(1).
8 Division 401.2 of Schedule 2 (note)
After “If an applicant applies for a Subclass 401 visa in the Religious Worker stream, the criteria in Subdivisions 401.21 and 401.24 are the primary criteria.”, insert “If an applicant applies for a Subclass 401 visa in the Domestic Worker (Executive) stream, the criteria in Subdivisions 401.21 and 401.25 are the primary criteria.”.
9 Division 401.2 of Schedule 2 (note, fifth paragraph)
Repeal the paragraph, substitute:
The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 421 (Sport) visa;
(c) a Subclass 427 (Domestic Worker (Temporary)—Executive) visa;
(d) a Subclass 428 (Religious Worker) visa.
10 After Subdivision 401.24 of Schedule 2
Insert:
401.25—Criteria for Domestic Worker (Executive) stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 401 visa in the Domestic Worker (Executive) stream.
401.251
(1) The applicant is identified in a nomination by a long stay activity sponsor who is a foreign organisation or a foreign government agency.
(2) The nomination meets the criteria in subregulation 2.72J(6).
(3) The applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
11 Division 401.3 of Schedule 2 (note)
Repeal the note, substitute:
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria or holds one of the following visas on the basis of satisfying the primary criteria:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 421 (Sport) visa;
(c) a Subclass 427 (Domestic Worker (Temporary)—Executive) visa;
(d) a Subclass 428 (Religious Worker) visa.
All criteria must be satisfied at the time a decision is made on the application.
12 Paragraph 401.311(d) of Schedule 2
Repeal the paragraph, substitute:
(d) a Subclass 427 (Domestic Worker (Temporary)—Executive) visa;
(e) a Subclass 428 (Religious Worker) visa.
Schedule 8—Amendments relating to transitional arrangements
Migration Regulations 1994
1 At the end of Schedule 13
Add:
Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)
1201 Operation of Schedules 1 to 7
The amendments of these Regulations made by Schedules 1 to 7 to the Migration Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa made on or after 23 March 2013.
