Migration Legislation Amendment Regulation 2012 (No. 3)

Link to law: https://www.comlaw.gov.au/Details/F2012L01244

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Migration Legislation Amendment Regulation 2012 (No. 3)1
Select Legislative Instrument 2012 No. 106
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 June 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS BOWEN
Minister for Immigration and Citizenship
Contents
                        1      Name of regulation                                                          2
                        2      Commencement                                                              2
                        3      Amendment of Migration Regulations 1994                        2
                        4      Amendment of Migration Regulations 1994                        2
                        5      Amendment of Migration Agents Regulations 1998            2
Schedule 1                  Amendments of Migration Regulations 1994 relating to Seasonal Work Program  3
Schedule 2                  Amendments of Migration Regulations 1994 relating to Return Residence (Class BB) visas                                                                                      8
Schedule 3                  Amendments of Migration Agents Regulations 1998     12
 
 
1              Name of regulation
                This regulation is the Migration Legislation Amendment Regulation 2012 (No. 3).
2              Commencement
                This regulation commences on 1 July 2012.
3              Amendment of Migration Regulations 1994
                Schedule 1 amends the Migration Regulations 1994.
4              Amendment of Migration Regulations 1994
                Schedule 2 amends the Migration Regulations 1994.
5              Amendment of Migration Agents Regulations 1998
                Schedule 3 amends the Migration Agents Regulations 1998.
Schedule 1        Amendments of Migration Regulations 1994 relating to Seasonal Work Program
(section 3)
 
[1]           Regulation 1.03
insert
special program of seasonal work means arrangements for the performance of seasonal work in Australia that have been:
                (a)    made by an organisation approved by the Secretary; and
               (b)    approved, in writing, by the Secretary as a special program of seasonal work.
[2]           After subparagraph 2.60D (a) (i)
insert
                        (ia)    if the applicant is proposing to conduct a special program of seasonal work—the applicant is an Australian organisation or a government agency; or
[3]           Paragraph 2.60D (d)
substitute
               (d)    the applicant is proposing to conduct a special program of seasonal work, or is proposing to conduct a special program that meets the following requirement:
                          (i)    the program is a youth exchange program, or has the object of cultural enrichment or community benefits;
                         (ii)    the program has been approved in writing by the Secretary, either:
                                   (A)     for the purposes of this sub-subparagraph; or
                                   (B)     for the purposes of paragraph 416.222 (b) or (c) of Schedule 2 as in force immediately before the commencement of this regulation.
[4]           Paragraph 2.64A (2) (c)
omit
approval.
insert
approval; and
[5]           After paragraph 2.64A (2) (c)
insert
               (d)    if a special program is agreed by the sponsor and the Secretary subsequent to the approval—the special program that will operate for the duration of the approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and
                (e)    if a special program agreement is agreed by the sponsor and the Secretary subsequent to the approval—the agreement that will operate within the duration of the approval, as varied from time to time by agreement between the special program sponsor and the Secretary.
[6]           Paragraph 2.80 (1) (a)
substitute
                (a)    a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
                          (i)    the sponsored person holds a Subclass 416 (Special Program) visa granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2; or
                         (ii)    the last substantive visa held by the sponsored person was a Subclass 416 (Special Program) visa granted on that basis; or
[7]           Paragraph 2.80 (3) (d)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[8]           Subparagraph 2.80 (5) (a) (i)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[9]           Sub-subparagraph 2.80 (5) (b) (iii) (B)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[10]         Sub-sub-subparagraph 2.80 (5) (b) (iii) (C) (II)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[11]         Sub-subparagraph 2.80 (5) (c) (iii) (B)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[12]         Sub-sub-subparagraph 2.80 (5) (c) (iii) (C) (II)
after
Subclass 416 (Special Program) visa
insert
granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2
[13]         Schedule 1, paragraph 1205 (3) (cc)
omit
(other than the criterion specified in paragraph 416.222 (d) of Schedule 2)
[14]         Schedule 2, paragraph 416.222 (a)
after
approved special program
insert
(other than a special program of seasonal work)
[15]         Schedule 2, paragraph 416.222 (d)
substitute
                  (d)     the applicant seeks to enter Australia to participate in a special program of seasonal work conducted by the special program sponsor in relation to the applicant.
[16]         Schedule 2, clause 416.222A
omit
If the applicant is an applicant to whom paragraph 416.222 (a) applies, the Minister
insert
The Minister
[17]         Schedule 13, after Part 3
insert
Part 4          Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)
401         Operation of amendments
                The amendments of these Regulations made by Schedules 1 and 2 to the Migration Legislation Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.
Schedule 2        Amendments of Migration Regulations 1994 relating to Return Residence (Class BB) visas
(section 4)
 
[1]           Regulation 2.18
omit
[2]           Schedule 1, subparagraph 1128 (3) (a) (iii)
substitute
                        (iii)    an application made in Australia may be made in writing, but not in accordance with form 1085.
[3]           Schedule 1, paragraph 1128 (3) (b)
substitute
              (aa)    Application may be made as an Internet application.
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)    For an Internet application the applicant may be in or outside Australia, but not in immigration clearance.
[4]           Schedule 1, subparagraphs 1128 (3) (ba) (iii) and (iv)
substitute
                            (iii)   the application must be made as permitted by subregulation 2.09 (2) or (3).
[5]           Schedule 1, paragraph 1128 (3) (c)
substitute
                (c)    Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.
[6]           Schedule 2, paragraph 155.212 (4) (b)
substitute
                  (b)     meets the requirements of subclause (2), (3) or (3A) and has lodged a separate application for a Return (Residence) (Class BB) visa.
[7]           Schedule 2, subclause 155.212 (4), note
substitute
Note   Under clause 155.511:
(a)   if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for one year or less, the applicant will be granted a visa permitting the holder to travel to and enter Australia for the period of effect; and
(b)   if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for more than one year, the applicant will be granted a visa permitting the holder to travel to and enter Australia for one year from the date of grant.
[8]           Schedule 2, clause 155.221
omit
If the application is made outside Australia,
insert
If the applicant is outside Australia,
[9]           Schedule 2, clause 155.412
substitute
155.412      If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
[10]         Schedule 2, paragraphs 155.511 (a) and (b)
substitute
                   (a)     if:
                              (i)   subclause 155.212 (4) applies to the applicant; and
                             (ii)   the period of the Subclass 155 visa mentioned in that subclause is one year or less;
                            the period of the Subclass 155 visa; or
                 (aa)     if:
                              (i)   subclause 155.212 (4) applies to the applicant; and
                             (ii)   the period of the Subclass 155 visa mentioned in that subclause is more than one year;
                            one year; or
                  (b)     if the applicant met the requirements of clause 155.211 and subclause 155.212 (2) at the time of application—a period of 5 years from the date of grant; or
[11]         Schedule 2, subparagraph 155.511 (c) (i)
omit
5 years
insert
one year
[12]         Schedule 2, paragraph 157.212 (3) (b)
substitute
                  (b)     meets the requirements of subclause (2) and has lodged a separate application for a Return (Residence) (Class BB) visa.
[13]         Schedule 2, clause 157.221
omit
If the application is made outside Australia,
insert
If the applicant is outside Australia,
[14]         Schedule 2, clause 157.412
substitute
157.412      If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
Schedule 3        Amendments of Migration Agents Regulations 1998
(section 5)
 
[1]           Subregulation 3 (1)
insert
consumer guide means the current version of the document produced for regulation 9A.
[2]           Subregulation 3 (1), definition of Information on the Regulation of the Migration Advice Profession
omit
[3]           Regulations 5 and 6
substitute
5              Prescribed qualifications
         (1)   For paragraph 289A (c) of the Act, a prescribed course is a course specified by the Minister in an instrument in writing for this subregulation.
         (2)   For paragraph 289A (c) of the Act, if a person is in a class of persons specified by the Minister in an instrument in writing for this subregulation, an exam specified by the Minister in an instrument in writing for this subregulation is a prescribed exam.
         (3)   For paragraph 289A (c) of the Act, if a person is not in a class of persons specified by the Minister in an instrument in writing for subregulation (2), a prescribed exam is the combination of:
                (a)    an exam specified by the Minister in an instrument in writing for this paragraph; and
               (b)    an exam in English language proficiency specified by the Minister in an instrument in writing for this paragraph.
         (4)   For paragraph (3) (b), an applicant is taken to have passed an exam in English language proficiency if the applicant achieves at least the minimum score specified by the Minister in an instrument in writing for this subregulation.
         (5)   For paragraph 289A (c) of the Act, the prescribed period for the completion of a particular course or exam is the period specified by the Minister in an instrument in writing for this subregulation.
         (6)   For paragraph 289A (d) of the Act, a current legal practising certificate issued by an Australian body authorised by law to issue it is a prescribed qualification.
6              Continuing professional development
         (1)   For section 290A of the Act, the table sets out the requirements for continuing professional development of registered migration agents.
Note   Under section 290A of the Act, the requirements relate to applicants who have been registered at some time in the 12 months before making the application.
Item
For ...
the requirements are in ...

1
an applicant whose registration is due to expire on or after 1 January 2014
subregulation (2) and Schedule 1

2
an applicant:
   (a)  whose application was made on or after 1 January 2014; and
subregulation (2) and Schedule 1

 
  (b)  whose registration ended not more than 12 months before the date the application was made
 

3
any other applicant
Schedule 1

         (2)   For items 1 and 2 of the table in subregulation (1), the applicant must:
                (a)    have achieved at least the minimum score in an exam in English language proficiency specified by the Minister in an instrument in writing for this paragraph; or
               (b)    hold a current legal practising certificate issued by an Australian body authorised by law to issue it; or
                (c)    be in a class of person specified by the Minister in an instrument in writing for this paragraph.
[4]           Regulation 9A, heading
substitute
9A           Consumer guide
[5]           Regulation 9A
omit
The Authority must arrange for a document to be produced, with the title Information on the Regulation of the Migration Advice Profession,
insert
The Authority must arrange for the production of a consumer guide
[6]           Schedule 2, paragraph 3.2A (a)
omit
Information on the Regulation of the Migration Advice Profession; and
insert
the consumer guide; and
[7]           Schedule 2, clause 3.2A, note
omit
Information on the Regulation of the Migration Advice Profession
insert
The consumer guide
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.