Statutory Rules 1991 No. 2851
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Migration Regulations 2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 10 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration,
Local Government and Ethnic Affairs
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1. Commencement
1.1 Subregulation 40.3 and regulation 73 are taken to have commenced on 19 December 1989.
1.2 Regulation 22 is taken to have commenced on 31 May 1990.
1.3 Subregulation 17.1 is taken to have commenced on 21 August 1990.
1.4 Subregulation 18.4 is taken to have commenced on 10 December 1990.
1.5 Subregulations 44.1, 44.3, 44.5, 51.2 and 61.2 are taken to have commenced on 1 February 1991.
1.6 Regulation 10 is taken to have commenced on 27 February 1991.
1.7 Subregulations 63.2, 63.3, 67.1, 67.3 and 76.1 are taken to have commenced on 15 April 1991.
1.8 Regulation 57 is taken to have commenced on 31 July 1991.
2. Amendment
2.1 The Migration Regulations are amended as set out in these Regulations.
3. Regulation 2 (Interpretation)
3.1 Subregulation 2 (1) (definition of “aged dependent relative”):
Omit “1947”, substitute “1991”.
3.2 Subregulation 2 (1) (definition of “dependent child”, paragraph (a)):
Omit the paragraph, substitute:
“(a) who:
(i) has not turned 18; and
(ii) is wholly or substantially in the daily care and control of that person; or
(aa) who:
(i) has turned 18; and
(ii) is dependent on that person; or”.
3.3 Subregulation 2 (1) (definition of “humanitarian visa”, paragraph (e)):
Omit “women”, substitute “woman”.
3.4 Subregulation 2 (1) (definition of “labour agreement”):
Omit the definition, substitute:
“‘labour agreement’ means:
(a) a formal agreement entered into between the Minister, or the Minister of State for Employment, Education and Training, and a person or organisation in Australia under which an employer is authorised to recruit persons (other than the holders of permanent entry permits) to be employed by that employer in Australia; or
(b) a formal agreement entered into between the Minister and a sporting organisation under which the sporting organisation is authorised to recruit persons (other than the holders of permanent entry permits) to take part in the sporting activities of the sporting organisation, whether as employees or otherwise;”.
3.5 Subregulation 2 (1):
After the definition of “labour agreement”, insert:
“‘marital relationship’ includes a defacto relationship;”.
3.6 Subregulation 2 (1) (definition of “temporary resident visa”):
Omit “47”.
3.7 Subregulation 2 (1):
After the definition of “visitor visa”, insert the following definitions:
“‘work’, in relation to a visitor visa or a visitor entry permit, means an activity that, in Australia, normally attracts remuneration;
‘working age’ means:
(a) in the case of a female, under 60 years of age; and
(b) in the case of a male, under 65 years of age;”.
4. Regulation 3a (Interpretation—de facto spouse)
4.1 Paragraph 3a (1) (a):
Omit “during”, substitute “for the whole of”.
5. Regulation 9 (Interpretation—remaining relative)
5.1 Subregulation 9 (1):
Omit “An applicant for a preferential family visa is a remaining relative for the purposes of item 2 in Part 3 in Schedule 2”, substitute “An applicant for a visa or entry permit is a remaining relative for the purposes of these Regulations”.
5.2 Subparagraph 9 (2) (a) (i):
Before “resides”, insert “usually”.
6. New regulation 12c
6.1 After regulation 12b, insert:
Application for visas on arrival
“12c. In spite of any other provision of these Regulations, a person who has arrived in, but has not entered, Australia may not apply for a visa of a class other than the following classes:
(a) border visa;
(b) return visa, Class E;
(c) domestic protection (temporary) visa.”.
7. Regulation 16 (Effect and operation of visas)
7.1 Paragraph 16 (2) (a):
Omit the paragraph, substitute:
“(a) on the expiration of the period in respect of which the visa was granted; or
(aa) if the visa specifies an event the occurrence of which is to result in the invalidation of the visa—on the occurrence of that event; or”.
7.2 Subregulations 16 (4) and (5):
Omit the subregulations, substitute:
“(4) The holder of a return visa, Class B, is entitled, under the visa, to travel to Australia on any number of occasions until the end of:
(a) the period of 5 years immediately following the grant of the visa; or
(b) such lesser period as is specified in the visa.
“(5) The holder of a return visa, Class C, is entitled, under the visa, to travel to Australia on any number of occasions until the end of:
(a) the period of 12 months immediately following the grant of the visa; or
(b) such lesser period as is specified in the visa.”.
7.3 Subregulation 16 (7):
Omit the subregulation, substitute:
“(7) The holder of a return visa, Class E, is entitled, under the visa, to travel to Australia once only before the expiration of:
(a) the period of 3 years immediately following the holder’s last departure from Australia; or
(b) the passport to which the visa relates;
whichever first occurs.”.
8. Regulation 17 (Conditions in connection with grant of visas)
8.1 Paragraph 17 (1) (g):
Omit the paragraph, substitute:
“(g) in the case of a domestic worker (diplomatic or consular) visa:
(i) the condition that the holder is not to undertake employment except in the household of the employer in relation to whom the visa was granted; and
(ii) the condition that, except with the permission in writing of the Minister for Foreign Affairs and Trade, the holder is not to remain in Australia after the permanent departure of that employer;
(ga) in the case of a domestic worker (overseas executive) visa:
(i) the condition that the holder is not to undertake employment except in the household of the employer who is the holder’s sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after the permanent departure of that employer;”.
8.2 Subparagraph 17 (1) (i):
Omit the subparagraph.
8.3 Paragraph 17 (1) (o):
Omit “that”, substitute “that,”.
8.4 Subregulation 17 (1):
Add at the end:
“; (p) in the case of a religious worker visa, the condition that if the holder enters Australia and is not permitted to remain in Australia for a period of more than 6 months:
(i) the holder cannot be granted a further entry permit which would permit the holder to remain in Australia for a period of more than 6 months from the date on which the holder entered Australia; and
(ii) the holder cannot be granted a skilled occupation entry permit;
(q) in the case of a business visitor visa, the condition that (unless the Secretary gives permission in writing to do otherwise) the holder is only to engage in work in Australia that is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.”.
8.5 Subregulation 17 (3):
Omit “, in accordance with this Division,”.
9. Regulation 22a (Certain applications to have effect as applications for processing entry permits and return visas, Class A)
9.1 Omit all the words after paragraph (b), substitute:
“also has effect as:
(c) an application, in accordance with these Regulations, for a processing entry permit; and
(d) an application, in accordance with these Regulations, for a return visa, Class A.”.
10. Regulation 22d (Certain applications to have effect as applications for domestic protection (temporary) entry permits)
10.1 Subregulation 22d (1):
Omit “27 February” (twice occuring), substitute “1 July”.
10.2 Subparagraph 22d (2) (b) (i):
Omit “20 December 1989”, substitute “20 June 1989”.
11. Regulation 26 (Recording and evidencing of entry permits)
11.1 Subparagraph 26 (1) (a) (i):
Omit the subparagraph, insert:
“(i) before entry to Australia—by:
(a) providing the person with documentary evidence of the issue of the permit; and
(b) making a notation on the person’s inwards passenger card;
in accordance with subregulation (1aa); or”.
11.2 Sub-subparagraph 26 (1) (a) (ii) (a):
Omit the sub-subparagraph, substitute:
“(a) providing the person, in accordance with subregulation (1aa), with documentary evidence of the issue of the permit; and”.
11.3 After subregulation 26 (1), insert:
“(1aa) For the purposes of paragraph (1) (a):
(a) documentary evidence of the issue of an entry permit to a person is provided to the person in accordance with this subregulation if:
(i) the entry permit is stamped in the passport or other travel document presented by the person on application for the entry permit; or
(ii) separate notice in writing of the grant of the permit, stating the conditions attached to the grant and the period of validity of the permit, is given to the person; and
(b) a notation on a person’s inwards passenger card is made in accordance with this subregulation if:
(i) in the case of a notation made in relation to an entry permit stamped in the person’s passport or other travel document—a facsimile of the permit is stamped on the card; or
(ii) in the case of a notation made in relation to an entry permit evidenced by a separate notice—a copy of the notice is attached to, or endorsed on, the card.”.
12. Regulation 27 (Effect and operation of entry permits)
12.1 Paragraphs 27 (2) (a) and (b):
Omit the paragraphs, substitute:
“(a) on the expiration of the period in respect of which the entry permit was granted; or
(aa) if the entry permit specifies an event the occurrence of which is to result in the invalidation of the entry permit—on the occurrence of that event; or
(b) if a further temporary entry permit or a permanent entry permit is granted to the holder—on the coming into force of that other entry permit; or”.
13. Regulation 28 (Conditions in connection with grant of temporary entry permits)
13.1 Paragraph 28 (1) (d):
Omit the paragraph, substitute:
“(d) in the case of a domestic worker (diplomatic or consular) entry permit:
(i) the condition that the holder is not to undertake employment except in the household of the employer in relation to whom the visa was granted; and
(ii) the condition that, except with the permission in writing of the Minister for Foreign Affairs and Trade, the holder is not to remain in Australia after the permanent departure of that employer;
(da) in the case of a domestic worker (overseas executive) entry permit:
(i) the condition that the holder is not to undertake employment except in the household of the employer who is the holder’s sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after the permanent departure of that employer;”.
13.2 Paragraph 28 (1) (j):
Omit “not be”, substitute “not to be”.
13.3 Subregulation 28 (1):
Add at the end:
“; (n) in the case of a religious worker entry permit, the condition that if the holder is not permitted to remain in Australia for a period of more than 6 months:
(i) the holder cannot be granted a further entry permit which would permit the holder to remain in Australia for a period of more than 6 months from the date on which the holder entered Australia; and
(ii) the holder cannot be granted a skilled occupation entry permit;
(o) in the case of a business visitor entry permit, the condition that (unless the Secretary gives permission in writing to do otherwise) the holder is only to undertake work in Australia that is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.”.
13.4 Subregulation 28 (3):
Omit “, in accordance with this Division,”.
14. Regulation 34 (Application for visa or entry permit in relation to person in custody)
14.1 Subregulation 34 (1):
Omit “in the State or Territory where the person is in custody”.
14.2 Subregulation 34 (2):
Omit “(i)”, “(ii)” and “(iii)”, substitute “(a)”, “(b)” and “(c)”, respectively.
15. Regulation 35aa (Grant of entry permits—illegal entrants)
15.1 Paragraph 35aa (1) (a):
Omit “(ba) or (c)”, substitute “(ba), (c) or (ca)”.
16. Regulation 36 (Restrictions on re-entry)
16.1 Subregulation 36 (1):
Omit “made an application for a visa, or, on arrival in Australia, an application for an entry permit,” substitute “made an application, before entry to Australia, for a visa or has made an application for an entry permit to which subregulation 42 (2) applies.”.
16.2 Paragraph 36 (1) (b):
Omit “in relation to the commission of a crime or on security grounds;”, substitute “pursuant to section 55, 56 or 57 of the Act (or section 12, 13 or 14 of the Act as in force before 19 December 1989);”.
16.3 Paragraph 36 (1) (c):
Omit “on grounds other than the commission of a crime or on security grounds,”, substitute “pursuant to section 55, 56 or 57 of the Act (or section 12, 13 or 14 of the Act as in force before 19 December 1989),”.
16.4 Subparagraph 36 (1) (d) (i):
After “illegal entrant”, insert “or prohibited non-citizen”.
16.5 Subparagraph 36 (1) (e) (i):
Omit “found by the Department”, substitute “determined by the Minister”.
16.6 Subparagraph 36 (1) (e) (i):
Omit “finding;”, substitute “determination;”.
16.7 Subparagraph 36 (1) (f) (iv):
Omit the subparagraph, substitute:
“(iv) has left Australia but has not been deported;”.
16.8 Subparagraph 36 (1) (g) (iv):
Omit the subparagraph, substitute:
“(iv) has left Australia but has not been deported;”.
17. Regulation 40 (Prescribed change in circumstances—paragraphs 36 (1) (a) and 37 (2) (a) of the Act)
17.1 Paragraph 40 (1) (b):
Omit “as the result of the death or permanent migration of the child,”.
17.2 Subparagraph 40 (1) (q) (iii):
Omit “27 February”, substitute “1 July”.
17.3 Subparagraph 40 (1) (q) (iv):
Omit “lodges”, substitute “has lodged”.
17.4 Subparagraph 40 (1) (r) (iii):
Omit “27 February”, substitute “1 July”.
17.5 Subparagraph 40 (1) (r) (iv):
Omit “lodges”, substitute “has lodged”.
17.6 Subregulation 40 (1):
Add at the end:
“; (t) the applicant satisfies the criteria for the grant of a Yugoslav (temporary) entry permit.”.
17.7 Paragraph 40 (2) (c):
Omit the paragraph, substitute:
“(c) if the person applied before 19 December 1989 for an entry permit but did not meet the requirements for the grant of a visa or entry permit under the Act as in force before 19 December 1989, the person:
(i) satisfies the prescribed criteria in relation to a class of visas referred to in subparagraph 128 (1) (a) (iv); and
(ii) did not apply for an entry permit, before 19 December, on economic grounds;”.
18. Regulation 42 (Prescribed criteria—entry permits)
18.1 Subparagraph 42 (1a) (b) (v):
Omit the subparagraph, substitute:
“(v) if, not later than 12 December 1990, the applicant asked the Minister, in writing, to be allowed to apply for the entry permit within a further 5 working days after 12 December 1990, not later than the expiry of those 5 working days;”.
18.2 Subparagraph 42 (1a) (d) (ii):
Omit “entrant; or”, substitute “entrant.”.
18.3 After subregulation 42 (1c) (c), insert:
“(ca) if the applicant:
(i) is a New Zealand citizen; and
(ii) either:
(a) was a New Zealand citizen at the time of last entering Australia; or
(b) became a New Zealand citizen after last entering Australia but before 19 December 1989; and
(iii) last entered Australia before 19 December 1989, using a passport other than a New Zealand passport; and
(iv) becomes an illegal entrant; or
(f) if the applicant satisfies the criteria for the grant of a PRC (temporary) entry permit under regulation 119h; or”.
18.4 Subregulation 42 (1d):
Omit “Paragraph (1a) (a)”, substitute “Subregulation (1a)”.
18.5 Subregulation 42 (2):
Omit “58,”.
18.6 Subregulation 42 (2):
After “59d,”, insert “59e,”.
18.7 Subregulation 42 (2):
Omit “72”, substitute “72a”.
18.8 Paragraph 42 (2) (b):
Omit the paragraph, substitute:
“(b) the entry permit applied for is equivalent to the class of visa held by the applicant ; and”.
19. Regulation 44a (Extended eligibility (spouse) visa)
19.1 Omit subparagraph 44a (1) (b) (ii), substitute:
“(ii) the application is lodged not more than 30 months after the date of the application for the entry permit referred to in subparagraph (i); or”.
20. Regulation 47 (Business (general ) visa)
20.1 Paragraph 47 (2) (f):
Omit “establishes”, substitute “at the time when a decision is made on the application, has established ”.
21. Regulation 48 (Business (joint venture) visa)
21.1 Paragraph 48 (2) (f):
Omit “establishes”, substitute “at the time when a decision is made on the application, has established”.
22. Regulation 50 (Distinguished talent and special service (independent) visa)
22.1 After “distinguished talent”, insert “and special service”.
23. Regulation 59 (Domestic worker (diplomatic or consular) visa)
23.1 Omit the regulation, substitute:
Domestic worker (diplomatic or consular) visa
“59. (1) The additional criterion in relation to a domestic worker (diplomatic or consular) visa is that the applicant is:
(a) an eligible worker for the purposes of this paragraph; or
(b) an eligible dependant for the purposes of this paragraph.
“(2) An applicant is an eligible worker for the purposes of paragraph (1) (a) if :
(a) the applicant
(i) has turned 18; and
(ii) seeks to enter Australia to undertake full-time domestic duties in the household of a diplomatic or consular representative in Australia of another country who is not a resident of Australia; and
(b) the application is accompanied by an employment agreement entered into with that representative in relation to those duties; and
(c) the entry to Australia of the applicant has the support of the Minister of State for Foreign Affairs and Trade.
“(3) An applicant is an eligible dependant for the purposes of paragraph (1) (b) if, when a decision is made on the application:
(a) the applicant has not turned 18; and
(b) the applicant is the dependent child of the holder of a domestic worker (diplomatic or consular) visa or entry permit; and
(c) the employment agreement provides for the applicant to accompany the holder of that visa or entry permit; and
(d) the entry to Australia of the applicant has the support of the Minister of State for Foreign Affairs and Trade.”.
24. Regulation 61 (Educational visa)
24.1 Paragraph 61 (a):
Omit the paragraph, substitute:
“(a) the applicant has been appointed:
(i) to a full-time position at an Australian tertiary education institution or research institution, being an academic position or the position of a librarian, technician or laboratory demonstrator; or
(ii) to a full-time position at an Australian tertiary education institution or research institution to undertake graduate or post-doctoral research; or
(iii) to a full-time position as a teacher at an Australian school or technical college, not being a tertiary education institution;”.
24.2 Add at the end:
“; (c) at the time when the sponsorship is approved:
(i) the relevant institution, school or college satisfies the Minister that it has not been possible to find a suitable person in Australia for appointment to the position; or
(ii) the Minister is satisfied that there is no need to seek a suitable person in Australia for appointment to the position.”.
25. Regulation 62 (Entertainment visa)
25.1 Subparagraph 62 (1) (a) (i):
Omit the subparagraph, substitute:
“(i) as an entertainer under a performing contract for one or more specific engagements (other than non-commercial engagements of a cultural or educational nature), in Australia, to take part in a film or television production that is subsidised in whole or in part by a government in Australia and:
(a) entry is sought to perform:
(i) in a leading, major supporting or cameo role; or
(ii) to satisfy ethnic or other special requirements; and
(b) the application is supported by a certificate given by the Minister for the Arts, Sport, the Environment, Tourism and Territories, or a person authorised by that Minister, confirming that relevant Australian content criteria have been met; or
(ia) as an entertainer under a performing contract for one or more specific engagements (other than non-commercial engagements of a cultural or educational nature), in Australia, to take part in a film or television production that is not subsidised in whole or in part by a government in Australia and:
(a) entry is sought to:
(i) perform in a leading, major supporting or cameo role; or
(ii) to satisfy ethnic or other special characteristics requirements; and
(B) the application is supported by a certificate given by the Minister for the Arts, Sport, the Environment, Tourism and Territories, or a person authorised by that Minister, confirming that:
(i) citizens or residents of Australia have been afforded a reasonable opportunity to participate in all levels of production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production, is greater than the amount to be expended on entertainers sponsored for entry; or
(ib) as an entertainer under a performing contract, that is not related to film or television production, for one or more specific engagements, in Australia (other than non-commercial engagements of a cultural or educational nature); or”.
25.2 Paragraph 62 (1) (b):
After “the applicant”, insert “(other than an applicant referred to in subparagraph (a) (i), (ia) or (v))”.
25.3 Subregulation 62 (2):
Omit the subregulation, substitute:
“(2) An applicant who seeks to enter Australia for the purpose referred to in subparagraph (1) (a) (v) is not required to satisfy the criterion specified in paragraph (1) (b) or those parts of the criterion specified in paragraph 1 (c) that are set out in subparagraphs (1) (c) (i) and (iv).”.
26. Regulation 65 (Executive (overseas) visa)
26.1 Subparagraph 65 (b) (i):
Omit “an overseas”, substitute “a”.
26.2 Paragraph 65 (c):
Omit “an overseas”, substitute “a”.
27. Regulation 67 (Foreign government agency visa)
27.1 Paragraphs 67 (1) (a), (b) and (c):
Omit the paragraphs, substitute:
“(a) either:
(i) the applicant:
(a) seeks to enter Australia to be employed as a representative of a foreign government agency that does not enjoy official status in Australia; and
(b) would not, as such a representative, enjoy official status in Australia; or
(ii) the applicant is a foreign language teacher intending to work in an Australian school but as an employee of a foreign government;
(b) if:
(i) the intended period of stay is not more than 4 months; or
(ii) the applicant seeks entry to Australia to be in charge of:
(a) the British Council; or
(b) the Alliance Française; or
(c) the Goethe Institute; or
(d) the Italian Cultural Institute; or
(iii) the applicant is a foreign language teacher referred to in subparagraph (a) (ii);
the applicant produces a statement from the Foreign Ministry of the foreign government endorsing the application;
(c) if paragraph (b) does not apply, the applicant produces evidence of sponsorship by the agency.”.
28. Regulation 69 (Independent executive visa)
28.1 Paragraph 69 (d):
Omit “the applicant establishes”, substitute “at the time when a decision is made on the application, the applicant has established”.
29. Regulation 71 (Medical practitioner visa)
29.1 Paragraph 71 (b):
Omit the paragraph.
30. Regulation 74 (Religious worker visa)
30.1 Add at the end:
“; (c) if the application relates to a proposed stay in Australia for more than 6 months, the applicant is able to ask and answer simple questions in English, write simple statements in English about everyday matters and complete simple forms in English.”.
31. Regulation 76 (Special program visa)
31.1 Add at the end:
“;or (c) has been nominated by a community-based non-commercial organisation in Australia to take part in a program of activity that has the object of cultural enrichment or community benefit and both that organisation and that program of activity have been approved by the Secretary for the purposes of this paragraph.”.
32. Regulation 77 (Specialist (overseas) visa)
32.1 Subparagraph 77 (b) (i):
Omit the subparagraph, substitute:
“(i) that:
(a) in the case of an applicant who proposes to stay in Australia for not more than 4 months—at the time of application; or
(b) in any other case—at the time of sponsorship;
the applicant has trade technical skills or professional skills not readily available in Australia, unless the Minister is satisfied that in the circumstances of the case the employer should not be required to find a suitable employee in Australia for the position; and”.
32.2 Subparagraph 77 (b) (v):
After “of”, insert “, or demonstrates commitment towards,”.
33. Regulation 79 (Supported dependant visa)
33.1 Paragraph 79 (a):
Omit the paragraph, substitute:
“(a) the application is supported in writing by:
(i) an Australian citizen or Australian permanent resident; or
(ii) a New Zealand citizen who is exempted by instrument under the Act from visa and entry permit requirements;”.
34. Regulation 81 (Working holiday visa)
34.1 Add at the end:
“; (e) the applicant has not previously entered Australia using:
(i) a working holiday visa or entry permit; or
(ii) an entry visa or entry permit granted before 19 December 1989 on the basis of the applicant being a working holiday-maker.”.
35. Regulation 87b (Occupational trainee visa)
35.1 Subparagraph (b) (ii):
Omit “unit; and”, substitute “unit.”.
36. Regulation 89 (Close family visitor visa)
36.1 Omit “an close”, substitute “a close”.
37. Regulation 90 (Medical treatment visa)
37.1 Paragraph 90 (1) (a):
Omit the paragraph, substitute:
“(a) the applicant is:
(i) a person who seeks to travel to Australia in order to obtain medical treatment (other than treatment for the purposes of surrogate motherhood) in Australia for which arrangements have already been made; or
(ii) a person who seeks to travel to Australia in order to donate an organ for the purposes of an organ transplant in Australia for which arrangements have already been made; or
(iii) a person who seeks to travel to Australia in order to provide emotional and other support to a person referred to in subparagraph (i) or (ii); or
(iv) a citizen of Papua New Guinea who:
(a) resides in a Western Province of Papua New Guinea; and
(b) is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland;”.
37.2 Paragraph 90 (1) (b):
Before “the applicant satisfies”, insert “in the case of an applicant who is a person referred to in subparagraph (a) (i),”.
37.3 After paragraph 90 (1) (b), insert:
“(ba) in the case of an applicant who is a person referred to in subparagraph (a) (ii), the applicant satisfies the Minister that:
(i) if the donee is a person referred to in subparagraph (a) (i), the donee meets the requirements of paragraph (b); and
(ii) the applicant is free from:
(a) tuberculosis or any other communicable disease of a fatal or serious nature which, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
(b) any other disease or condition which, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and
(c) any disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant is coming to Australia) which, during the applicant’s proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
(i) require care or treatment (or both) involving the use of community resources in short supply; or
(ii) result in the applicant becoming a significant charge on public funds; and
(iii) 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; and
(iv) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia; and
(bb) in the case of an applicant who is a person referred to in subparagraph (a) (iii), the applicant satisfies the Minister that:
(i) the person to whom the applicant is to provide support meets the requirements of paragraph (b) or (ba), as the case requires; and
(ii) the applicant meets the criterion specified in item 9 of Schedule 1; and
(iii) arrangements have been concluded for the payment of all expenses related to procedures to be undergone by the person to whom the applicant seeks to provide the support referred to in subparagraph (a) (iii) including the expenses of the applicant’s stay in Australia; and
(iv) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those expenses will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia;”.
38. Regulation 93 (Visitor (other) visa)
38.1 Subparagraph 93 (a) (i):
Omit the subparagraph, substitute:
“(i) the applicant is not the parent of a student or trainee studying in Australia and seeks to travel to Australia to visit:
(a) a person who is engaged to be married to the applicant; or
(b) a relative of the applicant who is not both:
(i) an Australian citizen or an Australian permanent resident; and
(ii) a spouse, child, parent, brother or sister of the applicant; or”.
38.2 Sub-subparagraph 93 (a) (iv) (c):
Omit “and”, substitute “or”.
38.3 Paragraph 93 (a):
Add at the end:
“(v) the applicant, having previously been temporarily in Australia, establishes that a further visit to Australia is necessary in connection with legal proceedings in Australia; and”.
39. Regulation 94 (Return visa, Class A)
39.1 Omit the regulation, substitute:
Return visa, Class A
“94. The additional criteria in relation to a return visa, Class A, are the following criteria:
(a) the applicant:
(i) if present in Australia, is the holder of:
(a) a valid permanent entry permit granted not earlier than 3 years before the day of application for the visa; or
(b) a valid entry visa having effect as a permanent entry permit under which the applicant entered Australia not earlier than 3 years before the day of application for the return visa; or
(ii) if not present in Australia, was the holder of a valid permanent entry permit, or a valid entry visa having effect as a permanent entry permit, immediately before leaving Australia and:
(a) in the case of an applicant who was granted the relevant permanent entry permit after entry to Australia, the entry permit was granted not earlier than 3 years before the day of application for the return visa; or
(b) in any other case, the applicant first entered Australia under the relevant permanent entry permit or entry visa not earlier than 3 years before the day of application for the return visa;
(b) the applicant has not previously been the holder of a return visa, Class A.”.
40. Regulation 95 (Return visa, Class B)
40.1 Omit “, subject to regulation 119a,”.
40.2 Subparagraph 95 (c) (iii):
Omit the subparagraph, substitute:
“(iii) the holder of a business (general) or a business (joint venture) visa or entry permit, or the holder of an entry permit as a business migrant under the Act as in force immediately before 19 December 1989:
(a) who has established, or is taking part in, a business in Australia that has done, or is likely to do, any of the following:
(i) create or maintain employment in Australia;
(ii) introduce into Australia new or improved technology for the production of goods or the provision of services;
(iii) produce goods, or provide services, in Australia for export;
(iv) produce goods, or provide services to replace imported goods or services; and
(b) who is required to travel outside Australia in the interests of that business; or”.
40.3 After subparagraph 95 (c) (iii), insert:
“or (iv) a person, who is, or to be, employed overseas by the United Nations or a member of the family unit of such a person;”.
40.4 Paragraph 95 (c):
Omit “resident in Australia”, substitute “an Australian permanent resident”.
41. Regulation 97 (Return visa, Class D)
41.1 Paragraph 97 (c):
Omit the paragraph, substitute:
“(c) if the applicant has previously used a return visa, Class D, to travel to Australia, the applicant has subsequently satisfied the prescribed criteria in relation to a return visa, Class B, or a return visa, Class C;”.
41.2 Add at the end:
“; (e) if the application is made overseas, the applicant has not been absent from Australia for a period of more than 3 months before making the application.”.
42. Regulation 98 (Return visa, Class E)
42.1 Omit “return visa Class E,”, substitute “return visa, Class E,”.
43. Regulation 98a (Return visa, Class F)
43.1 Paragraph 98a (a):
Omit the paragraph, substitute:
“(a) the applicant:
(i) is unable to prove a claim that he or she was an Australian permanent resident immediately before going overseas; and
(ii) but for being unable to prove that claim, would satisfy the criteria specified in relation to another class of return visa; and
(iii) gives the Minister a written statement that satisfies the Minister that:
(a) the applicant has urgent and compelling reasons for travelling to Australia before proving that claim; and
(b) entry of the applicant to Australia before the claim is proved will not be prejudicial to the interests of Australia; and
(c) there are reasonable grounds for believing that the claim can be proved;”.
44. Regulation 98c (Conditions—student (category A) visa)
44.1 Subregulation 98c (2):
Omit “In”, substitute “Subject to subregulation (3a), in”.
44.2 Subregulation 98c (2):
Omit “during which the institution at which the person is studying is in session”.
44.3 Subregulation 98c (3):
Omit “In”, substitute “Subject to subregulation (3a), in”.
44.4 Subregulation 98c (3):
Omit “during which the institution at which the person is studying is in session”.
44.5 After subregulation 98c (3), insert:
“(3a) Subregulations (2) and (3) do not apply if the relevant person referred to in subparagraph 98b (2) (a) (i) or (ii) is enrolled in a course of study or research for a masters degree or a doctorate.”.
45. Regulation 98d (Student (category B) visa)
45.1 Sub-subparagraph 98d (1) (a) (iv) (b):
Omit “(non formal)”, substitute “(non-formal)”.
45.2 Sub-subparagraph 98d (3) (a) (ii) (d):
Omit “and”.
45.3 Subparagraph 98d (3) (a) (ii):
Omit “who:” (second occurring), substitute “and who:”.
45.4 Paragraph 98d (3) (c):
Omit “satisified”, substitute “satisfied”.
46. Regulation 99 (Division to cease to have effect)
46.1 Omit “30 September”, substitute “31 December”.
47. Regulation 108 (Grant of visa or entry permit to family unit members)
47.1 Paragraph 108 (1) (a):
Omit “who is;”, substitute “who is:”.
48. Regulation 109 (Entry permit for statutory visitor)
48.1 Omit the regulation.
49. Regulation 111 (Border visas)
49.1 Paragraph 111 (1) (b):
Omit “54 or 55”, substitute “54, 55 or 57”.
49.2 Subregulation 111 (3):
After “or (f)”, insert “(other than a person who is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in command of the vessel)”.
49.3 Paragraph 111 (4) (b):
Omit “who”, substitute “if the person”.
50. Regulation 113 (Emergency (temporary entry) visa)
50.1 Subregulation 113 (3):
Omit the subregulation, substitute:
“(3) An entry visa, or an entry permit, granted to the holder of an emergency (temporary) visa is to be granted subject to the condition that the visa, or entry permit, ceases to have effect on a specified day if the remaining criteria are not satisfied before that day.”.
51. Regulation 115 (Grant of visa to enable re-entry to Australia)
51.1 Paragraph 115 (1) (a):
Omit the paragraph, insert:
“(a) a person who is, or was immediately before last leaving Australia, the holder of a temporary entry visa, or temporary entry permit, that is not, or was not, subject to the condition that, after entering Australia, the holder will not, or would not, be granted another entry permit while the holder remains, or remained, in Australia; and”.
51.2 Subparagraph 115 (1) (c) (iv):
Omit the subparagraph, substitute:
“(iv) is the holder of a visa or entry permit of a kind referred to in subregulation (1a) that was granted before 1 February 1991;”.
51.3 Subregulation 115 (1):
Omit “application.”, substitute “application or of last leaving Australia, as the case requires.”.
51.4 After subregulation 115 (1), insert:
“(1a) For the purposes of subregulation (1):
(a) a student visa or entry permit granted before 1 February 1991 is taken to be equivalent to a student (category A) visa if it is:
(i) a private subsidised student visa or entry permit; or
(ii) a student (AIDAB) visa or entry permit; or
(iii) a student (Equity and Merit Scholarship Scheme) visa or entry permit; or
(iv) a student (formal course) visa or entry permit;and
(b) a student visa or entry permit granted before 1 February 1991 is taken to be equivalent to a student (category B) visa if it is:
(i) a trainee (non-formal course) visa or entry permit granted otherwise than for purposes of entry as a trainee; or
(ii) a trainee (English language) visa or entry permit; or
(iii) a student (restricted) visa or entry permit; and
(c) a trainee (non-formal course) visa or entry permit granted before 1 February 1991 for the purpose of entry as a trainee is taken to be equivalent to an occupational trainee visa.”.
52. Regulation 117a (Domestic protection (temporary) entry permit)
52.1 Paragraph 117a (1) (c):
Omit the paragraph, substitute:
“(c) the applicant has undergone a medical examination carried out by a Commonwealth medical officer; and
(ca) the applicant:
(i) has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(ii) is below the age of 16 years and is not a person in respect of whom a Commonwealth medical officer has requested such an examination; and”.
53. Regulation 117b (Domestic protection (temporary) visa)
53.1 Paragraph (c):
Omit “(ii)” (second occurring), substitute “(iii)”.
54. New regulation 118
54.1 After regulation 117b, insert:
Yugoslav (temporary) entry permit
“118. (1) The following criteria are prescribed in relation to a Yugoslav (temporary) entry permit:
(a) the applicant is a citizen, and normally a resident, of Yugoslavia;
(b) the applicant was present in Australia, and held a valid entry permit, on 5 August 1991;
(c) the applicant is not subject to a current deportation order;
(d) the applicant has not had an entry permit cancelled under section 35 of the Act;
(e) the grant of the entry permit would not be contrary to the interest of Australia.
“(2) A Yugoslav (temporary) entry permit must be granted:
(a) as a temporary entry permit and in respect of a period ending not later than 31 December 1991; and
(b) subject to the condition specified in paragraph 33 (4) (a) of the Act.”.
55. Regulation 119h (PRC (temporary) entry permit)
55.1 Paragraph 119h (1) (a):
Omit the paragraph, substitute:
“(a) the applicant satisfies either of the criteria specified in paragraphs (1a) (a) and (b):”.
55.2 Paragraph 119h (1) (c):
Omit the paragraph, substitute:
“(c) the applicant:
(i) has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(ii) is below the age of 16 years and is not a person in respect of whom a Commonwealth medical officer has requested such an examination;
(ca) the applicant is not a person who previously held a PRC (temporary) entry permit that was cancelled in the circumstances referred to in subregulation 107b (4);”.
56. Regulation 119i (Refugee (temporary) entry permit))
56.1 Omit the regulation.
57. Regulation 119k (Gulf conflict (temporary) entry permit)
57.1 Paragraph 119k (1) (a):
Omit all the words after “resident,”, insert “of Kuwait or Iraq;”.
57.2 Paragraph 119k (1) (b):
Omit “30 April 1991;”, substitute “31 July 1991;”.
57.3 Paragraph 119k (2) (a):
Omit “31 July 1991;”, substitute “31 October 1991;”.
58. Regulation 120 (Grant of temporary entry permit to holder of visitor visa, visitor entry permit or prescribed temporary entry permit)
58.1 Paragraph 120 (e):
Omit “entry permit:”, substitute “entry permit (other than a medical treatment entry permit):”.
58.2 Paragraph 120 (g):
Omit “permit, a medical treatment entry permit” substitute “permit”.
59. Regulation 121 (Grant of temporary entry permits to holders of working holiday visas or entry permits or of prescribed temporary entry permits)
59.1 Omit all the words before paragraph (a), substitute:
“(1) In this regulation:
‘existing permit-holder’ means the holder of:
(a) a valid working holiday entry visa operating as an entry permit; or
(b) a working holiday entry permit; or
(c) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a working holiday entry permit if the application had been made on or after 19 December 1989.
“(2) The following criteria are prescribed in relation to a temporary entry permit (other than a domestic worker (diplomatic or consular) entry permit) where the applicant for the entry permit is an existing permit-holder:”.
59.2 Paragraph 121 (e):
Omit “permit, medical treatment entry permit”, substitute “permit”.
59.3 Subparagraph 121 (f) (iii):
Omit “visitor entry permit,”, substitute “visitor entry permit (other than a medical treatment entry permit),”.
59.4 Sub-subparagraph 121 (f) (iii) (f):
Omit “tourism.”, substitute “tourism;”.
29.5 Paragraph 121 (h) :
Omit “equivalent;”, substitute “equivalent.”.
60. Regulation 122 (Grant of temporary entry permit to holders of certain student visas or entry permits or of a prescribed temporary entry permit)
60.1 Omit the regulation, substitute:
Grant of temporary entry permits to holders of certain student visas or entry permits, or of prescribed temporary entry permits
“122. (1) In this regulation:
‘relevant entry permit’ means a temporary entry permit other than:
(a) a working holiday entry permit: or
(b) a domestic worker (diplomatic or consular) entry permit; or
(c) an interdependency (temporary) entry permit;
‘specified permit’ means:
(a) a valid student visa operating as an entry permit or a student entry permit; or
(b) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a student entry permit (otherwise than for the purpose of entry as a trainee) if the application had been made on or after 19 December 1989.
“(2) The following criteria are prescribed in relation to a relevant entry permit where the applicant for the entry permit is the holder of a specified permit:
(a) the applicant has complied substantially with any conditions subject to which the visa or entry permit was granted;
(b) the visa or entry permit was not granted subject to a condition that the holder will not be entitled to be granted:
(i) in the case of a visa—an entry permit; or
(ii) in the case of an entry permit—a further entry permit;
while he or she remains in Australia;
(c) the applicant satisfies prescribed public interest criteria (as applicable) and, except in the case of an applicant referred to in paragraph (f), the prescribed health criterion specified in item 9 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(e) the applicant:
(i) being an applicant for a visitor entry permit (other than a medical treatment entry permit):
(A) satisfies the prescribed criteria in relation to a visa of a class to which the entry permit is equivalent; and
(B) in the case of an assisted student (other than a student described in paragraph (a) of the definition of ‘assisted student’ in subregulation 2 (1))—has the support of AIDAB for the grant of the entry permit;
(ii) being an applicant for a temporary resident entry permit, other than an occupational trainee entry permit:
(A) has successfully completed a formal or category A course of study in Australia; and
(B) has special occupational or professional skills (or both); and
(C) is sponsored by an employer or organisation who or which is able to establish that a person with those skills is not reasonably available in Australia; and
(D) where the applicant is a private subsidised student—the sponsor establishes a strong case on economic grounds for the grant of the entry permit and the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the entry permit; and
(E) if the applicant is a student approved by AIDAB or an EMSS student, has the support of AIDAB for the grant of the entry permit; and
(F) satisfies the prescribed criteria in relation to a visa of a class to which the entry permit is equivalent; or
(iii) being an applicant for a student entry permit:
(A) in the case of an applicant other than an applicant referred to in sub-subparagraph (B), satisfies the prescribed criteria for the class of visa to which the entry permit is equivalent; and
(B) in the case of an applicant enrolled in a formal course or a category A course, satisfies the Minister that, in connection with that course of study or with a matter arising from that course of study, the relevant educational institution requires the applicant to remain in Australia during the marking of a post-graduate thesis or that he or she is required to gain practical employment experience after graduation to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in the applicant’s usual country of residence; and
(C) if the applicant is an assisted student, produces to the Minister evidence that the Minister of State for Employment, Education and Training or the Australian International Development Assistance Bureau has approved the grant of the entry permit; and
(D) produces to the Minister evidence that he or she has adequate financial support for the period of his or her intended stay in Australia; or
(iv) being an applicant for an occupational trainee entry permit:
(a) is the holder of:
(i) a trainee (non-formal course) visa or entry permit; or
(ii) a trainee (English language) visa, or entry permit, granted as a prerequisite to occupational training; or
(iii) a student (category B) visa or entry permit, granted before 1 April 1991 as a prerequisite to occupational training; and
(b) obtained that visa or entry permit because he or she was a trainee; and
(c) satisfies the prescribed criteria for an occupational trainee visa;
(f) the applicant, being an applicant for a medical treatment entry permit, satisfies the prescribed criteria for the class of visa to which that entry permit is equivalent.
“(3) An applicant referred to in subparagraph (2) (e) (iii):
(a) who is the holder of one of the following kinds of entry permit or entry visa operating as an entry permit:
(i) trainee (non-formal course); or
(ii) trainee (English language); or
(iii) student (restricted); or
(iv) student (category b) granted because the course to be undertaken was approved under subparagraph 98d (1) (a) (i) or (ii); and
(b) who has substantially complied with the requirements of the course for which the entry permit was granted;
is eligible for a further student (category B) entry permit:
(c) to complete the course for which the entry permit was initially granted; or
(d) for one further course of study referred to in subparagraph 98d (1) (a) (i), (ii) or (iii).
“(4) An applicant referred to in subparagraph (2) (e) (iii):
(a) who is the holder of a student (category B) entry permit or entry visa operating as an entry permit; and
(b) who was granted that entry permit or visa to undertake a course of study referred to in subparagraph 98D (1) (a) (iii); and
(c) who has substantially complied with the requirements of the course for which the entry permit was granted;
is eligible for a further student (category B) entry permit:
(d) to complete the course for which the entry permit was initially granted; or
(e) for one further course of study referred to in subparagraph 98d (1) (a) (i) or (ii).
“(5) An applicant referred to in subparagraph (2) (e) (iii) who is the holder of a student (category A) entry permit, or entry visa operating as an entry permit, granted for a prerequisite course of study referred to in subparagraph 98B (1) (a) (ii) is eligible for a further student (category A) entry permit to undertake the prerequisite course only if the total period of stay in Australia (namely, the initial period of stay granted plus the extension of stay sought ) does not exceed 12 months.
“(6) Where the applicant for the entry permit:
(a) is a member of the family unit of an applicant referred to in subparagraph (2) (e) (iii); and
(b) is:
(i) the holder of a student entry permit granted before 1 February 1991; or
(ii) the holder of a dependent (subsequent entry) entry permit; and
(c) is a member of the family unit of a student:
(i) who holds a student (category B) visa or entry permit; and
(ii) who is not a citizen of a country specified by notice in the Gazette as a country to which paragraph 98D (3) (a) applies;
the applicant does not need to meet the criteria referred to in sub-subparagraph 98D (3) (a) (ii) (E), (F) or (G).
“(7) Subparagraph (2) (e) (iii) does not apply if:
(a) the applicant holds a student visa or entry permit because he or she satisfied the criteria referred to in subregulation 98B (2) or 98D (3); and
(b) immediately before being granted that visa or entry permit, the applicant was the holder of:
(i) a visitor visa or entry permit; or
(ii) a temporary resident visa or entry permit; or
(iii) a student visa or entry permit because he or she was a student; and
(c) the applicant is applying for the visa or entry permit under subregulation 98B (1) or 98D (1).”.
61. Regulation 125 (Prescribed criteria for grant of temporary entry permits to lawful temporary residents or holders of prescribed temporary entry permits)
61.1 Omit all the words before paragraph (a), substitute:
“(1) In this regulation:
‘specified existing entry authority’ means:
(a) a valid temporary resident entry visa operating as an entry permit; or
(b) a temporary resident entry permit; or
(c) a border entry permit; or
(d) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a temporary resident entry permit if the application had been made on or after 19 December 1989;
‘specified temporary entry permit’ means a temporary entry permit (other than a working holiday entry permit, domestic worker (diplomatic or consular) entry permit or interdependency (temporary) entry permit).
“(2) The following criteria are prescribed in relation to a specified temporary entry permit if the applicant is the holder of a specified existing entry authority:”.
'61.2 Paragraph 125 (g):
Omit the paragraph, substitute:
“(g) if the application is for a temporary resident entry permit other than an occupational trainee entry permit, the specified existing entry authority held by the applicant is not an occupational trainee entry permit.”.
62. New regulation 125aa
62.1 After regulation 125, insert:
Prescribed criteria for grant of temporary resident entry permits to certain illegal entrants
“125aa. The following criteria are prescribed in relation to a temporary resident entry permit (other than a working holiday entry permit, a domestic worker (diplomatic or consular) entry permit or an interdependency (temporary) entry permit), on application by a person who is an illegal entrant as a consequence of the expiry of a temporary resident entry permit:
(a) the Minister is satisfied:
(i) that the applicant became an illegal entrant because of factors beyond the applicant’s control; and
(ii) that there are compelling reasons for granting the entry permit; and
(iii) that the applicant complied substantially with any conditions subject to which the expired visa or entry permit was granted (other than a condition of which the applicant was in breach solely because of its expiry); and
(iv) that the applicant would have been entitled to be granted an entry permit of the class applied for if the applicant had applied for it immediately before becoming an illegal entrant; and
(v) the Minister is satisfied that the applicant intends to comply with any conditions to which the entry permit, if granted, will be subject;
(b) the expired visa or entry permit was not granted subject to a condition that the holder would not be entitled to be granted an entry permit or a further entry permit, as the case requires, while the holder remained in Australia;
(c) the applicant satisfies all of the prescribed criteria in relation to a visa of the class to which the permit applied for is equivalent except the requirement that the applicant be the holder of a valid temporary entry permit;
(d) the applicant satisfies prescribed public interest criteria (as applicable) and the prescribed health criterion specified in item 9 in Schedule 1;
(e) if:
(i) sponsorship is a criterion for the grant of the visa or entry permit; and
(ii) the grant of the entry permit would allow the applicant a total period of stay in Australia of more than 4 months:
the applicant produces to the Minister evidence of sponsorship.”.
63. Regulation 126 (Extended eligibility (spouse) entry permit)
63.1 Sub-subparagraph 126 (1) (a) (ii) (a):
Omit “(ba) or (c)”, substitute “(ba), (c) or (ca)”.
63.2 Subregulation 126 (1):
After paragraph (b), insert:
“(ba) the applicant is both:
(i) a person who would satisfy the criteria specified in paragraph (a), except that the marital relationship mentioned in that paragraph is no longer continuing; and
(ii) a person to whom subregulation (1A) applies; or”.
63.3 After subregulation 126 (1), insert:
“(1a) Subject to subregulation (1b), an applicant is a person to whom this subregulation applies if:
(a) a court has made a restraining order or granted an injunction against the applicant’s spouse in respect of violence by the spouse against the applicant; or
(b) a court has convicted the spouse of, or has recorded a finding of guilt against that spouse in respect of, assault or some other offence of violence committed against the applicant; or
(c) the applicant has custody or joint custody of at least one child in respect of whom:
(i) a court has granted joint custody, or access, in favour of the applicant’s spouse; or
(ii) the applicant’s spouse is subject to a formal maintenance obligation.
“(1b) For the purposes of subregulation (1A):
(a) a person is subject to a formal maintenance obligation if that person is subject to:
(i) an obligation under an agreement registered under section 66ZC of the Family Law Act 1975 that makes provision for maintenance; or
(ii) an order of a court (as defined in paragraph (b)) specifying a maintenance obligation; or
(iii) a notice of acceptance, assessment and registration from the Child Support Agency of the Australian Taxation Office; and
(b) ‘court’ means a court in Australia or an external Territory; and
(c) ‘spouse’, in relation to the applicant, means the person who was the applicant’s spouse when the application for the entry permit was made.”.
64. Regulation 127 (Extended eligibility (family) entry permit)
64.1 Subparagraph 127 (a) (iv):
Omit “(ba) or (c)”, substitute “(ba), (c) or (ca)”.
65. Regulation 128 (Extended eligibility (economic) entry permit)
65.1 Subparagraph 128 (1) (a) (iv):
Omit “the applicant”, substitute “either”.
65.2 Subparagraphs 128 (3) (a) (i) and (ii):
Omit “the criteria specified;”, substitute “the criterion specified”.
66. Regulation 130a (Extended eligibility (interdependency) entry permit)
66.1 Paragraph 130a (1) (d):
Omit “permit—has” substitute “permit, has”.
66.2 Paragraph 130a (3) (b):
Omit “(b)—is”, substitute “(b), is”.
67. Regulation 135 (Spouse (after entry) entry permit)
67.1 Subregulation 135 (1):
Add at the end:
“; or
(c) the applicant holds an extended eligibility (spouse) entry permit granted on the basis that the applicant satisfied the criteria specified in paragraph 126 (1) (b) or (ba); or
(d) the applicant:
(i) holds an extended eligibility (spouse) entry permit granted on the basis that the applicant satisfied the criteria specified in paragraph 126 (1) (a); and
(ii) is a person to whom subregulation (3) applies.”.
67.2 Subparagraph 135 (2) (a) (ii):
Omit “(ba) or (c)”, substitute “(ba), (c) or (ca)”.
67.3 Add at the end:
“(3) Subject to subregulation (4), an applicant is a person to whom this subregulation applies if:
(a) at the time of the application, the applicant’s spouse nominated the applicant for the grant of the entry permit; and
(b) either:
(i) a court has made a restraining order or granted an injunction against the applicant’s spouse in respect of violence by the spouse against the applicant; or
(ii) a court has convicted the spouse of, or has recorded a finding of guilt against that spouse in respect of, assault or some other offence of violence committed against the applicant; or
(iii) the applicant has custody or joint custody of at least one child in respect of whom:
(a) a court has granted joint custody, or access, in favour of the applicant’s spouse; or
(b) the applicant’s spouse is subject to a formal maintenance obligation.
“(4) For the purposes of subregulation (3):
(a) a person is subject to a formal maintenance obligation if that person is subject to:
(i) an obligation under an agreement registered under section 66ZC of the Family Law Act 1975 that makes provision for maintenance; or
(ii) an order of a court (as defined in paragraph (b)) specifying a maintenance obligation; or
(iii) a notice of acceptance, assessment and registration from the Child Support Agency of the Australian Taxation Office; and
(b) ‘court’ means a court in Australia or an external Territory; and
(c) ‘spouse’, in relation to the applicant, means the person who was the applicant’s spouse when the application for the entry permit was made.”.
68. Regulation 139 (Skilled occupation entry permit)
68.1 Paragraph 139 (1) (a):
Omit the paragraph, substitute:
“(a) the applicant meets the requirements of at least one of the paragraphs of subsection 47 (1) of the Act;”.
68.2 Sub-subparagraph 139 (1) (c) (iii) (b):
Omit “is” (first occurring).
68.3 Subparagraph 139 (1) (c) (iv):
Omit the subparagraph, substitute:
“(iv) the applicant:
(a) satisfies the prescribed criteria in relation to a labour agreement visa, an employer nomination visa, a distinguished talent (Australian support) visa or a distinguished talent (independent) visa; or
(b) is a person to whom subregulation (3) applies;”.
68.4 Paragraph 139 (1a) (b):
Before “who”, insert “a person”.
68.5 Paragraph 139 (1a) (c):
Omit “paragraphs (a) and (b)”, substitute “paragraph (a) or (b)”.
69. Regulation 140 (Compassionate grounds entry permit)
69.1 Subregulation 140 (1):
Add at the end:
“; (c) in the case of an applicant referred to in paragraph (2) (a)—an assurance of support for the applicant has been accepted by the Minister;
(d) in the case of an applicant referred to in paragraph (2) (b), (c) or (d) who, in the opinion of the Minister, should not be permitted to stay in Australia as a permanent resident without an assurance of support—an assurance of support for the applicant has been accepted by the Minister.”.
69.2 Subparagraph 140 (2) (c) (i):
Omit “(ba) or (c)”, substitute “(ba), (c) or (ca)”.
70. Regulation 142 (Confirmatory entry permit)
70.1 Subparagraph 142 (b) (ii):
After “person”, insert “whom”.
70.2 Sub-subparagraph 142 (b) (iii) (b):
Omit “the criteria referred to in paragraph (a)—is”, substitute “those criteria, is”.
70.3 Subparagraph 142 (b) (iv):
Omit the subparagraph, substitute:
“(iv) is the holder of a border entry permit and satisfies the Minister that he or she would have been entitled to be an Australian permanent resident if he or she had obtained a resident return visa before arrival; or”.
71. Regulation 144 (Waiver of health criteria)
71.1 Subregulation 144 (1):
Omit “the equivalent entry permit:”, substitute “an entry permit of one of the following kinds:”.
71.2 Subregulation 144 (1):
Omit “and” (wherever occurring).
71.3 Subregulation 144 (2):
Omit all the words before paragraph (a), substitute:
“If an applicant for a visa of a class, or an entry permit of a kind, to which this regulation applies does not satisfy the health criteria in relation to the visa or entry permit but does satisfy all the remaining criteria in relation to that visa or entry permit, the Minister may grant that visa or entry permit if a Commonwealth medical officer has formed the opinion that the applicant:”.
72. Regulation 146 (Qualifications—suitability for employment)
72.1 Sub-subparagraph 146 (1) (a) (i) (c):
Omit the sub-subparagraph, substitute:
“(c) for which, in Australia, a degree, trade certificate, diploma, associate diploma or post-trade qualification is required or that is a professional-equivalent or technical-equivalent occupation; and”.
72.2 Sub-subparagraph (1) (a) (iii) (b):
Omit “(1)”.
72.3 Subparagraph (1) (d) (iii):
Before “in respect”, insert “is an occupation”.
72.4 Subparagraph (1) (d) (iv):
Before “in respect”, insert “is an occupation”.
72.5 Subparagraph (1) (d) (v):
Omit “in which”, insert “is an occupation in respect of which”.
72.6 Subparagraph 146 (1) (e) (i):
Omit “(a) (ii) and (d) (i);”, substitute “(d) (i), (ii), (iii) and (iv);”.
72.7 Sub-subparagraph 146 (1) (e) (ii) (c):
Omit “sub-subparagraph (1) (a) (i) (d)”, substitute “sub-subparagraph (d) (iii) (a)”.
72.8 Sub-subparagraph 146 (1) (g) (i) (a):
Omit “an educational qualification”, substitute “a post-secondary educational qualification”.
72.9 Subregulation 146 (2) (definition of “relevant Australian authority”):
Omit paragraph (c), substitute:
“(c) if the circumstances of a case preclude an authority referred to in paragraph (a) or (b) from making an assessment, the Minister;”.
73. Regulation 147a (Qualification—eligibility of spouse)
73.1 Paragraph 147a (a):
Omit “applicant:”, substitute “applicant;”.
74. Regulation 163 (Interpretation)
74.1 Paragraph 163 (1) (c):
Omit the paragraph, substitute:
“(c) an allowance for the support of that person paid to or in respect of that person, including:
(i) an unemployment benefit payable under section 116 of the Social Security Act 1947, a jobsearch allowance payable under Part 2.11 of the Social Security Act 1991 or a newstart allowance payable under Part 2.12 of the Social Security Act 1991; and
(ii) a special benefit payable under Division 6 of Part XIII of the Social Security Act 1947 or under Part 2.15 of the Social Security Act 1991;
but not including any other pension, allowance or benefit payable under either of those Acts.”.
75. Regulation 166 (Existing maintenance guarantees)
75.1 Subregulation 166 (2):
After “allowance”, insert “(including a jobsearch or newstart allowance payable under the Social Security Act 1991)”.
76. Regulation 180 (Prescribed matters—subsection 63 (1) of the Act)
76.1 Sub-subparagraph 180 (d) (i) (b):
Omit “regulation 21b”, substitute “paragraph 21 (3) (b)”.
76.2 Subparagraph 180 (d) (ii):
Omit the subparagraph, substitute:
“(ii) the reconsideration or review has been decided in favour of the applicant;”.
76.3 After paragraph 180 (d), insert:
“(da) whether, under section 115 or 137 of the Act, a decision of a review officer or the Immigration Review Tribunal in relation to the person has been replaced by a decision of the Minister that is in favour of the person;
76.4 Add at the end:
“; (f) whether the person satisfies the criteria for the grant of a PRC (temporary) entry permit.”.
77. Regulation 183 (Fees in respect of applications for visas and entry permits)
77.1 Paragraphs 183 (1) (a) and (b):
Omit “the grant of”, substitute “an application for”.
77.2 Subregulation 183 (2):
Omit “the grant of”, substitute “an application for”.
77.3 Subregulation 183 (3):
Omit the subregulation, substitute:
“(3) Subject to subregulation (4), a fee payable in respect of an application for a visa or entry permit is payable upon the lodgement of the application.”.
78. Regulation 183a (Fee on application for a sport visa)
78.1 Subregulation 183a (1):
Omit the subregulation, substitute:
“(1) Subject to subregulation (2), the fee payable on application for a sport visa is:
(a) if the applicant is a member of a body including other applicants for that class of visa, being a body comprising not fewer than 10 persons—a fee equal to $1000 divided by the number of persons included in that body; or
(b) in any other case—$100.”.
79. Regulation 185 (Fee on application for temporary entry permit granted only in Australia)
79.1 Subregulation 185 (1):
Omit the subregulation, substitute:
“(1) In this regulation:
‘primary applicant’, in relation to an application for an entry permit, means an applicant whose application is not dependent upon the holding by, or future grant to, another person of an entry permit of the same kind;
‘secondary applicant’, in relation to an application for an entry permit, means an applicant whose application is dependent upon the holding by, or future grant to, another person of an entry permit of the same kind;
‘sponsorship fee’ means a sponsorship fee under regulation 192.”.
79.2 Subregulation 185 (2):
After “applies”, insert “made by a primary applicant”.
79.3 Subregulation 185 (3):
After “applies” (first occurring), insert “made by a primary applicant”.
79.4 Paragraphs 185 (3) (b) and (bb):
Omit the paragraphs, substitute:
“(b) in the case of an application by an applicant referred to in subparagraph 121 (f) (ii) for an entry permit as:
(i) an assisted student; or
(ii) a student approved under an overseas students training scheme approved by the Commonwealth, other than EMSS or a scheme administered by AIDAB:
no fee; or
(c) in any other case—$50.”.
79.5 Subregulation 185 (4):
After “applies” (first occurring), insert “made by a primary applicant”.
79.6 Subregulation 185 (6):
After “applies”, insert “made by a primary applicant”.
79.7 Subregulation 185 (7):
After “applies”, insert “made by a primary applicant”.
79.8 Paragraph 185 (7a) (b):
Omit “or” (last occurring).
79.9 Subregulation 185 (7a):
Omit paragraph (c).
79.10 Subregulation 185 (8):
Omit the subregulation, substitute:
“(8) A fee is not payable on an application to which paragraph 125 (e) (iii) applies that is for an entry permit as:
(a) an assisted student; or
(b) a student approved under an overseas students training scheme approved by the Commonwealth, other than the EMSS or a scheme administered by AIDAB.
“(9) Subject to subregulation (10), the fee payable on an application to which any of regulations 120 to 125, inclusive, applies that is made by a secondary applicant is $50.
“(10) A fee is not payable on an application by a secondary applicant if:
(a) no fee is payable on the primary applicant’s application; or
(b) the secondary applicant’s application is combined with the primary applicant’s application.”.
80. Regulation 186 (Fee on application for certain entry permits)
80.1 Subregulation 186 (2):
Add at the end:
“; or (c) the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
81. Regulation 186a (Fee on application for an extended eligibility (spouse) entry permit)
81.1 Subregulation 186a (2):
Omit the subregulation, substitute:
“(2) No fee is payable:
(a) on an application for a further extended eligibility (spouse) entry permit if the application takes effect under regulation 22e; or
(b) on an application for an extended eligibility (spouse) entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
82. Regulation 186b (Fee on application for a spouse (after entry) entry permit)
82.1 Subregulation 186b (1):
Omit “There is payable,” substitute “Subject to subregulation (2), there is payable”.
82.2 Add at the end:
“(2) No fee is payable in respect of an application referred to in subregulation (1) if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
83. Regulation 186c (Fee on application for an extended eligibility (interdependency) entry permit)
83.1 Subregulation 186c (1):
Omit “There is payable”, substitute “Subject to subregulation (2), there is payable”.
83.2 Subregulation 186c (2):
Omit the subregulation, substitute:
“(2) No fee is payable:
(a) on an application for a further extended eligibility (interdependency) entry permit if the application takes effect under regulation 22e; or
(b) on an application for an extended eligibility (interdependency) entry permit if the applicant is in Australia and is dependent on a person who has applied for an extended eligibility (interdependency) permit.”.
84. Regulation 187 (Fee on application for skilled occupation entry permit)
84.1 Subregulation 187 (2):
Omit the subregulation, substitute:
“(2) No fee is payable in respect of an application referred to in subregulation (1) if:
(a) the applicant makes the application:
(i) at the same time as making an application for an entry permit of a kind referred to in paragraph (1) (a); and
(ii) on the form referred to in paragraph 22b (1) (b); or
(b) the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
85. Regulation 188 (Fee on application for confirmatory entry permit)
85.1 Omit “There is payable”, substitute “(1) Subject to subregulation (2), there is payable”.
85.2 Add at the end:
“(2) No fee is payable in respect of an application referred to in subregulation (1) if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
86. Regulation 189 (Fee on application for extended eligibility (economic) entry permit)
86.1 Omit “There is payable”, substitute “(1) Subject to subregulation (2), there is payable”.
86.2 Add at the end:
“(2) No fee is payable in respect of an application referred to in subregulation (1) if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
87. Regulation 189a (Fee on application for extended eligibility (family) entry permit)
87.1 Omit “There is payable,” substitute “(1) Subject to subregulation (2), there is payable”.
87.2 Add at the end:
“(2) No fee is payable in respect of an application referred to in subregulation (1) if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.”.
88. New regulation 189b
88.1 After regulation 189a, insert:
Fee on application for a refugee (permanent) entry permit
“189b. There is payable on application for a refugee (permanent) entry permit:
(a) where the applicant is the spouse or a dependent child of a person who holds, or is an applicant for, a refugee (permanent) entry permit—no fee;
(b) in any other case—$50.”.
89. Regulation 190a (Fee on grant of a December 1989 (temporary) entry permit)
89.1 Omit the regulation, substitute:
Fee on application for December 1989 (temporary) entry permit
“190a. (1) Subject to subregulation (2), the fee payable on application for a December 1989 (temporary) entry permit is $360.
“(2) No fee is payable for the grant of a December 1989 (temporary) entry permit if:
(a) the application for the entry permit is preceded by the withdrawal by the applicant of any application for an entry permit made by the applicant before 15 October 1990; or
(b) the applicant is in Australia and is dependent on a person who has applied for a December 1989 (temporary) entry permit.”.
90. Regulation 192 (Sponsorship fee)
90.1 Paragraph (1) (a):
Omit the paragraph, substitute:
“(a) the application is in respect of a visa, other than a domestic worker (diplomatic or consular) visa, or a further temporary entry permit, other than a domestic worker (diplomatic or consular) entry permit; and”.
90.2 Subregulation 192 (3):
Omit the subregulation, substitute:
“(3) A fee under subregulation (2) is not payable if:
(a) the application is in respect of a visa and the intended period of continuous employment does not exceed 4 months; or
(b) the application is in respect of a temporary entry permit granted in Australia, and:
(i) the applicant’s sponsor in relation to the application was the applicant’s sponsor in relation to the temporary entry permit or the temporary entry visa currently held by the applicant, and:
(ii) the applicant is continuing in the same employment, and:
(a) a sponsorship fee has been paid in respect of that employment; or
(b) the intended period of continuous employment (including any previous period of employment continuous with the period to which the application relates) does not exceed 4 months.”.
91. Regulation 201 (Fee on application for entertainment visa)
91.1 Omit “grant of”, substitute “application for”.
92. Regulation 203 (Fees—student (category B) visa)
92.1 Paragraph (c):
Omit the paragraph, substitute:
“(c) if the application is for a visa referred to in regulation 115:
(i) if the applicant is a person referred to in paragraph (a) or (b)—no fee; or
(ii) in any other case—$100; or”.
93. Schedule 1 (Criteria and representative symbols)
93.1 Item 2a (column 2)
Omit the words after “of the Minister,”, substitute:
“the applicant should not be permitted:
(a) to arrive in Australia; or
(b) to enter Australia; or
(c) to remain in Australia;
as the case requires, without an assurance of support”.
93.2 Item 3 (column 2):
Omit the criterion, substitute:
“the applicant is sponsored by:
(a) a person who is an Australian citizen or an Australian permanent resident; or
(b) a body operating in Australia;
and the relationship of that person or body to the applicant is a relationship specified in Part 1, 3 or 4 of Schedule 2 for the purposes of the relevant class of visa”.
93.3 Add at the end:
“16 the applicant is to be of working age (at the time of making O” the application)
94. Schedule 2 (Classes of visas, prescribed criteria and code numbers)
94.1 Heading:
Omit “Regulations 10, 41 and 43”, substitute “Regulations 10 and 41”.
94.2 Part 1, item 18 (column 3, paragraph (b)):
Omit the paragraph, substitute:
“(b) B1, C1 (relevant educational or
research institution), D, H, K”.
94.3 Part 1, item 48 (column 3, paragraph (a)):
Omit “criterion”, substitute “criteria”.
94.4 Part 3 (heading):
Omit “CLASSES OF VISAS AND CODE NUMBERS”, substitute “SPECIAL CLASSES OF VISAS”.
94.5 Part 3, item 3 (column 3, paragraph (b)):
Add at the end “, o”.
94.6 Part 3, item 4 (column 3):
Add at the end “, o”.
94.7 Part 3, item 16 (column 2):
After “equivalent”, insert “1989”.
94.8 Part 4, item 2 (column 3, subparagraph (a) (i)):
Omit “if,”, substitute “if”.
95. Schedule 3 (Classes of entry permits)
95.1 Item 7 (column 3):
Omit “B1”, substitute “B”.
95.2 Items 20 and 21 (column 2):
After “humanitarian”, add “program”.
95.3 Item 30 (column 3):
Omit “B1,”.
95.4 Item 58:
Omit the item.
95.5 After item 59d, insert:
“59e
PRC (temporary)
437”.
95.6 After item 72, insert:
“72a
Medical treatment
665”.
95.7 Class 8 (column 3):
Omit “+” substitute: “*”.
95.8 Item 82:
Omit the item.
95.9 After item 82A, insert in Class 9:
“82B Yugoslav (temporary) 443”.
95.10 Class 10.
Omit the class.
95.11 Item 93:
Omit the item.
96. Schedule 4 (Prescribed qualifications and prescribed number of points)
96.1 Item 24:
Omit the item, substitute:
“24
sponsor:
(a) has been resident in Australia (except for short absences for the purposes of recreation or business) throughout the period of 2 years immediately before the Department receives the relevant sponsorship; and
(b) is not, at the time the Department receives the relevant sponsorship, receiving a benefit under the Student Assistance Act 1973 or any form of Australian social security benefit, allowance or pension, other than:
(i) an age pension under the Social Security Act 1947 or the Social Security Act 1991; or
(ii) a pension under the Seamen’s War Pensions and Allowances Act 1940 or the Veterans’ Entitlements Act 1986; and
10”.
(c) is either:
(i) a person who:
(a) is financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (b) (i) or (ii); and
(b) has not received, in respect of a period or periods amounting to more than 4 weeks during that period of 2 years, one or more of the following benefits and allowances:
(i) an unemployment benefit under the Social Security Act 1947;
(ii) a special benefit under that Act;
(iii) a jobsearch allowance under the Social Security Act 1991;
(iv) a newstart allowance under that Act; or
(ii) a person who:
(a) is not financially independent, engaged in paid employment or receiving a benefit referred to in subparagraph (b) (i) or (ii); and
(b) does not have a spouse who has received, in respect of a period or periods amounting to more than 4 weeks during that period of 2 years, one or more of the following benefits and allowances:
(i) an unemployment benefit under the Social Security Act 1947;
(ii) a special benefit under that Act;
(iii) a jobsearch allowance under the Social Security Act 1991;
(iv) a newstart allowance under that Act
97. Schedule 5 (Mandatory conditions for grant of visas and entry permits)
97.1 Item 1 (column 2):
Omit “60”, substitute “60,”.
97.2 Item 3 (column 2):
Omit “45”, substitute “46”.
97.3 After item 3, insert:
“3a 45 condition referred to in paragraph 17 (1) (q) or 28 (1) (o), as the case requires,”.
97.4 Omit all the items after item 9, substitute:
“10 16 except with the permission in writing of the Minister of State for Foreign Affairs and Trade, holder not to remain in Australia after permanent departure of employer
11 17 holder not to remain in Australia after permanent departure of employer
12 60 holder to satisfy course requirements
13 58, 59 condition referred to in paragraph 16 (8) (g) or 27 (3) (f), as the case required
14 61, 63 condition referred to in paragraph 17 (1) (o) or 28 (1) (m), as the case requires
15 62 (a) condition referred to in paragraph 23 (4) (a) or 33 (4) (a) of the Act, as the case requires
(b) condition referred to in paragraph 17 (1) (o) or 28 (1) (m), as the case requires
16 31 (a) condition referred to in paragraph 17 (1) (m) or 28 (1) (k), as the case requires
(b) condition referred to in paragraph 17 (1) (p) or 28 (1) (n), as the case requires,”.
98. Schedule 6 (Forms)
98.1 Form 1 (direction after paragraph 3):
Omit “tick”, substitute “Tick”.
98.2 Form 1 (subparagraph 3 (6)):
Omit “(Criteria and General)”.
99. Schedule 7 (Endorsement of visas and entry permits for purposes of subsections 20 (4) and (5) of the Act—codes or abbreviations)
99.1 Omit the Schedule, substitute:
SCHEDULE 7 Regulation 37a
CODES FOR ENDORSEMENT ON VISAS AND ENTRY PERMITS
____________________________________________________________
Column 1 Column 2 Column 3 Column 4
Code to be Code to be
Relevant provision of endorsed on endorsed on
Item No. section 20 visas entry permits
____________________________________________________________
1 Paragraph (1) (a) 06 06
2 Sub-subparagraph (1) (b) (i) (a) 05 05
3 Sub-subparagraph (1) (b) (i) (b) 05 05
4 Subparagraph (1) (b) (ii) 04 04
5 Subparagraph (1) (c) (i) 05 05
6 Subparagraph (1) (c) (ii) 04 04
7 Subparagraph (1) (d) (i) 03 03
8 Subparagraph (1) (d) (ii) 01 01
9 Subparagraph (1) (d) (iii) 01 01
10 Sub-subparagraph (1) (d) (iv) (a) 01 01
11 Sub-subparagraph (1) (d) (iv) (b) 01 01
12 Subparagraph (1) (d) (v) 02 02
13 Subparagraph (1) (d) (vi) 02 02
14 Subparagraph (2) (b) (i) 05 05
15 Subparagraph (2) (b) (ii) 04 04
________________________________________________________________________
100. Schedule 8 (Fees)
100.1 Part 1, item 46 (column 2):
Omit “immediate”, substitute “close”.
100.2 Part 1, item 53 (column 2):
After “Class C”, insert “(not being an application of a kind referred to in regulation 22a)”.
100.3 Part 1, item 54 (column 2):
After “Class D”, insert “(not being an application of a kind referred to in regulation 22a)”.
100.4 Part 1, item 79 (column 3, paragraphs (a) and (b)):
Omit the paragraphs, substitute “$60”.
100.5 Part 1, item 82 (column 3):
Omit “$30”, substitute “$100”.
100.6 Part 2, item 10:
Omit the item.
100.7 Part 2:
After item 13, insert:
“14 Yugoslav (temporary) $30”.
100.8 Part 2, item 17:
Omit the item.
100.9 Part 2, item 18 (column 3):
Omit “$50”, substitute “the fee ascertained under regulation 189b”.
100.10 Part 2, item 24 (column 3):
Omit “30”, substitute “$30”.
____________________________________________________________
NOTES
1. Notified in the Commonwealth of Australia Gazette on 17 September 1991.
2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88 , 201, 226, 229, 230 and 243.
