Migration Amendment Regulation 2013 (No. 4)

Link to law: https://www.comlaw.gov.au/Details/F2013L01014

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
 
 
Migration Amendment Regulation 2013 (No. 4)
 
Select Legislative Instrument No. 131, 2013
I, Professor Marie Bashir AC CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.
Dated 13 June 2013
Marie Bashir
Administrator
By Her Excellency’s Command
Brendan O’Connor
Minister for Immigration and Citizenship
 
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Migration Regulations 1994                                                                                     2
 
1  Name of regulation
                   This regulation is the Migration Amendment Regulation 2013 (No. 4).
2  Commencement
                   This regulation commences on the day after it is registered.
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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
  
Migration Regulations 1994
1  Subregulation 2.20(1)
Omit “(14) to (16)”, substitute “(14) to (17)”.
2  At the end of regulation 2.20
Add:
           (17)  This subregulation applies to a non‑citizen if:
                     (a)  the non‑citizen is an unlawful non‑citizen; and
                     (b)  section 195A of the Act is not available to the Minister in relation to the grant of a visa to the non‑citizen; and
                     (c)  the Minister is satisfied that the non‑citizen’s removal from Australia is not reasonably practicable at that time.
3  After regulation 2.25
Insert:
2.25AA  Grant of Bridging R (Class WR) visa without application
             (1)  This regulation applies to an eligible non‑citizen if:
                     (a)  the eligible non‑citizen is an unlawful non‑citizen; and
                     (b)  section 195A of the Act is not available to the Minister in relation to the grant of a visa to the eligible non‑citizen; and
                     (c)  the Minister is satisfied that the eligible non‑citizen’s removal from Australia is not reasonably practicable at that time.
             (2)  Despite anything in Schedule 1, the Minister may grant the eligible non‑citizen a Bridging R (Class WR) visa if the Minister is satisfied that, at the time of decision, the eligible non‑citizen satisfies the criteria set out in clause 070.222 of Schedule 2.
4  After paragraph 2.43(3)(aa)
Insert:
                  (aaa)  Subclass 070;
5  Subclause 050.211(2) of Schedule 2
Omit “(10) or (11)”, substitute “(10), (11) or (17)”.
6  At the end of Part 070 of Schedule 2
Add:
070.612
             (1)  If the Minister has granted the visa under regulation 2.25AA, conditions 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562 and 8563 must be imposed, in addition to any condition mentioned in clause 070.611.
             (2)  If the Minister has granted the visa under section 195A of the Act, conditions 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562 and 8563 may be imposed, in addition to any condition mentioned in clause 070.611.
7  After clause 8549 of Schedule 8
Insert:
8550           The holder must notify the Minister of any change in the holder’s personal details, including a change to any of the following contact information:
                     (a)  the holder’s name;
                     (b)  an address of the holder;
                     (c)  a phone number of the holder;
                     (d)  an email address of the holder;
                     (e)  an online profile used by the holder;
                      (f)  a user name of the holder;
not less than 2 working days before the change is to occur.
8551     (1)  The holder must obtain the Minister’s approval before taking up employment in the following occupations, or occupations of a similar kind:
                     (a)  occupations that involve the use of, or access to, chemicals of security concern;
                     (b)  occupations in the aviation or maritime industries;
                     (c)  occupations at facilities that handle security‑sensitive biological agents.
             (2)  In this clause:
chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.
Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:
(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and
(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.
8552           The holder must notify the Minister of any change in the holder’s employment details, not less than 2 working days before the change is to occur.
8553           The holder must not become involved in activities that are prejudicial to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).
8554     (1)  The holder must not acquire any of the following goods:
                     (a)  weapons;
                     (b)  explosives;
                     (c)  material or documentation that provides instruction on the use of weapons or explosives.
             (2)  In this clause:
weapon means a thing made or adapted for use for inflicting bodily injury.
8555           The holder must obtain the Minister’s approval before undertaking the following activities, or activities of a similar kind:
                     (a)  flight training;
                     (b)  flying aircraft.
8556           The holder must not communicate or associate with:
                     (a)  an entity listed under Part 4 of the Charter of the United Nations Act 1945; or
                     (b)  an organisation prescribed by the Criminal Code Regulations 2002.
8  At the end of Schedule 8
Add:
8560     (1)  The holder must obtain the Minister’s approval before acquiring chemicals of security concern.
             (2)  In this clause:
chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.
Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:
(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and
(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.
8561           If the holder is directed by the Minister to attend an interview that relates to the holder’s visa (including an interview with the Australian Security Intelligence Organisation), the holder must comply with the direction.
8562     (1)  The holder must not take up employment in:
                     (a)  occupations that involve the use of, or access to, weapons or explosives; or
                     (b)  occupations of a similar kind.
             (2)  In this clause:
weapon means a thing made or adapted for use for inflicting bodily injury.
8563     (1)  The holder must not undertake the following activities, or activities of a similar kind:
                     (a)  using or accessing weapons or explosives;
                     (b)  participating in training in the use of weapons or explosives;
                     (c)  possessing or accessing material or documentation that provides instruction on the use of weapons or explosives.
             (2)  In this clause:
weapon means a thing made or adapted for use for inflicting bodily injury.