Statutory Rules 1992 No. 3921
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Migration Regulations2 (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 9 December 1992.
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 Regulation 4 is taken to have commenced on 1 December 1992.
[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Amendment
2.1 The Migration Regulations are amended as set out in these Regulations.
3. New regulations 9B and 9C
3.1 After regulation 9A, insert:
Prescribed laws—paragraph 4 (5A) (b) of the Act
“9B. For the purposes of paragraph 4 (5A) (b) of the Act, the following laws are prescribed:
(a) the following laws of the Commonwealth:
(i) the Continental Shelf (Living Natural Resources) Act 1968;
(ii) the Customs Acts within the meaning of the Customs Act 1901;
(iii) the Fisheries Act 1952;
(iv) the Fisheries Management Act 1991;
(v) the Quarantine Act 1908;
(vi) the Torres Strait Fisheries Act 1984;
(b) the following laws of Queensland:
(i) the Fisheries Act 1976;
(ii) the Fishing Industry Organisation and Marketing Act 1982;
(c) the Fisheries Act 1905 of Western Australia.
Prescribed laws—paragraph 100B (b) of the Act
“9C. For the purposes of paragraph 100B (b) of the Act, the following laws are prescribed:
(a) the following laws of the Commonwealth:
(i) the Continental Shelf (Living Natural Resources) Act 1968;
(ii) the Fisheries Act 1952;
(iii) the Fisheries Management Act 1991;
(iv) the Torres Strait Fisheries Act 1984;
(b) the following laws of Queensland:
(i) the Fisheries Act 1976;
(ii) the Fishing Industry Organisation and Marketing Act 1982;
(c) the Fisheries Act 1905 of Western Australia.”.
4. Regulation 40 (Prescribed change in circumstances (paragraphs 36 (1) (a) and 37 (2) (a) of the Act)
4.1 Paragraph 40 (1) (u):
Omit “paragraph 42 (1) (bb)”, substitute “paragraph 42 (1C) (bb)”.
5. Regulation 98F (English language test)
5.1 Subregulation 98F (1):
Omit the subregulation, substitute:
“(1) If, under subregulation 98B (1A) or paragraph 98D (2) (b), the Minister has regard to the applicant’s comprehension of the English language for the purposes of the applicant’s course, the Minister may require the applicant to undertake an English language test that is conducted by an agency other than the Department.”.
6. Regulation 107B (PRC (temporary) visa)
6.1 Paragraph 107B (1) (b):
Omit the paragraph, substitute:
“(b) in any other case:
(i) the applicant is outside Australia at the time of making the application; and
(ii) the applicant is the spouse, or a dependent child, of a person (in this paragraph called ‘the principal person’) who, at that time, holds:
(A) a PRC (temporary) entry permit that was granted on the basis of the satisfaction by the principal person of criteria that included the requirement that the principal person was shown by records kept by the Department to have entered Australia on or before 20 June 1989 and to have been in Australia on that day; or
(B) a PRC (temporary) visa granted to the principal person as the holder of a PRC (temporary) entry permit that was granted on the basis of the satisfaction by the principal person of criteria that included the requirement that the principal person was shown by records kept by the Department to have entered Australia on or before 20 June 1989 and to have been in Australia on that day; and
(iii) the applicant satisfies the criteria specified in items 5 and 9 of Schedule 1; and
(iv) the applicant lodges with the application an approved nomination in relation to the applicant; and
(v) if the applicant is the spouse of the principal person:
(A) the applicant became the spouse of the principal person before 23 July 1992; and
(B) the relationship is a genuine and continuing marital relationship.”.
7. Regulation 119H (PRC (temporary) entry permit)
7.1 Paragraph 119H (1) (ca):
Omit the paragraph, substitute:
“(ca) the applicant is not a person who previously held a PRC (temporary) entry permit that ceased to be in force because of the cancellation or termination of the entry permit as a result of breach of a condition to which the entry permit was subject;”.
7.2 Paragraph 119H (1B) (c):
Omit the paragraph, substitute:
“(c) in the case of an applicant who is the spouse of the principal person:
(i) the applicant became the spouse of the principal person before 23 July 1992; and
(ii) the relationship is a genuine and continuing marital relationship.”.
8. New regulation 130
8.1 After regulation 129, insert:
Refugee (transitional) entry permit
“130. The following criteria are prescribed in relation to a refugee (transitional) entry permit:
(a) the applicant was determined by the Minister to be a refugee on or before 11 July 1990; and
(b) the applicant is in Australia on the day on which the application is lodged; and
(c) the Minister is satisfied that permanent settlement of the applicant in Australia:
(i) is the appropriate course for the applicant; and
(ii) would not be contrary to the interests of Australia.”.
9. Regulation 142A (Refugee (permanent) entry permit
9.1 Paragraph 142A (b):
Omit the paragraph, substitute:
“(b) the applicant is the holder of a refugee (temporary) entry permit or a refugee (transitional) entry permit;”.
10. Regulation 146 (Qualifications—suitability for employment)
10.1 Subregulation 146 (2):
Insert the following definitions:
“ ‘associate diploma’ means:
(a) a formal educational qualification awarded by an Australian educational institution as an associate diploma for which:
(i) the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(ii) 2 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia ;
‘degree’ means:
(a) a formal educational qualification awarded by an Australian educational institution as a degree or a postgraduate diploma
for which:
(i) the entry level to the course leading to the qualification is:
(A) in the case of a bachelor’s degree—satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(B) in the case of a master’s degree—satisfactory completion of a bachelor’s degree awarded at an Australian tertiary educational institution or of an equivalent award; and
(C) in the case of a doctoral degree—satisfactory completion of a bachelor’s degree awarded with honours, or a master’s degree, at an Australian tertiary educational institution or of an equivalent award; and
(D) in the case of a postgraduate diploma—satisfactory completion of a bachelor’s degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award; and
(ii) in the case of a bachelor’s degree, not less than 3 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia ;
‘diploma’ means:
(a) a formal educational qualification awarded by an Australian educational institution as a diploma for which:
(i) the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(ii) 3 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia ;
‘post secondary educational qualification other than a degree, diploma, associate diploma or trade certificate’ means:
(a) a formal educational qualification awarded by an Australian educational institution as a certificate or advanced certificate for which:
(i) in the case of a qualification that is an advanced certificate—the entry level to the course leading to the qualification is completion of year 10 in the Australian school system or of equivalent schooling; and
(ii) in any case—for which 1 year of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia ;
‘trade certificate’ means:
(a) an Australian trade qualification obtained as a result of the completion of 4 years of an indentured apprenticeship that involves:
(i) part-time formal training at a technical college or a college of technical and further education; and
(ii) employment within the meaning of:
(A) an industrial award under a law of the Commonwealth or of a State or Territory; or
(B) a law of a State or Territory dealing with commercial or industrial training; or
(b) a qualification obtained outside Australia that is of an equivalent standard;”.
11. Regulation 148AA (Provision of information—general requirement)
11.1 Subparagraph 148AA (1) (a) (i):
Add at the end “or”.
11.2 Subregulation 148AA (2):
Omit all the words before paragraph (a), substitute:
“(2) An officer may require a person to whom this regulation applies:”.
12. New regulation 148AB
12.1 After regulation 148AA, insert:
Provision of information—domestic travel on international flights
“148AB. (1) A person who travels, or appears to intend to travel, on an aircraft that is operated by an international air carrier within the meaning of subsection 181 (5) of the Act, from an airport in Australia to another airport in Australia without landing at an airport outside Australia may be required by an officer at either airport or both airports to provide evidence of his or her identity to the officer by producing:
(a) a passport issued to the person that is in the form in which it was issued; or
(b) a document described in subregulation (2) that:
(i) bears the signature or a photograph of the person, or both; and
(ii) is in force.
“(2) For the purposes of paragraph (1) (b), the following documents are described:
(a) an aviation security identity card issued by the operator of the aircraft or by the operator of an airport in Australia;
(b) a licence to drive a motor vehicle issued under a law of the Commonwealth or of a State or Territory;
(c) a card that identifies the person as:
(i) an officer or employee of the Commonwealth or of a State or Territory, or of a Commonwealth, State or Territory authority; or
(ii) the holder of an office under the law of the Commonwealth or of a State or Territory;
(d) a document issued by the Commonwealth, or by a State or Territory, or by a Commonwealth, State or Territory authority, that identifies the person as being entitled to receive payments as a beneficiary from the government or authority concerned;
(e) a card issued by the Australian Telecommunications Corporation or OTC Limited on or after 1 November 1991;
(f) a card issued by any of the following bodies:
(i) Aerospace Technologies of Australia Pty Ltd;
(ii) Australian National Line Ltd;
(iii) Commonwealth Serum Laboratories Ltd;
(iv) the Australian and Overseas Telecommunications Corporation;
(v) the Australian National Railways Commission;
(vi) the Australian Maritime Safety Authority;
(vii) the Australian Postal Corporation;
(viii) the Civil Aviation Authority;
(ix) the Defence Housing Authority;
(x) The Pipeline Authority;
(xi) the Snowy Mountains Hydro-Electricity Authority.
“(3) An officer may require a person to whom this regulation applies to write on the pass issued to the person by the operator of the aircraft that permits the person to board the aircraft (in this regulation called a ‘boarding pass’):
(a) particulars of the document produced by the person to the officer under subregulation (1) that are sufficient to identify the document; and
(b) the signature of the person;
and give the boarding pass to the officer.
“(4) An officer may require a person who is travelling with a person:
(a) who has not turned 16 years of age; and
(b) in respect of whom a document cannot be produced to the officer as required;
to write on the boarding pass issued to the first-mentioned person the full name of the second-mentioned person.”.
13. Regulation 186B (Fee on application for a spouse (after entry) entry permit)
13.1 Paragraph 186B (1) (b):
Omit the paragraph, substitute:
“(b) if the applicant holds a valid prospective marriage entry permit or prospective marriage visa when the application is made—a fee of $370; or”.
14. Schedule 3 (Classes of entry permits)
14.1 After item 94A, insert:
“94B
Refugee (transitional)
827”.
15. Schedule 8 (Fees)
15.1 Part 2:
Add at the end:
“28
refugee (transitional)
—”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 11 December 1992.
2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos.1, 34, 69, 75, 109, 204, 237, 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, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22, 51, 96, 112, 125, 183 , 231, 278, 291, 311, 315 and 346.
