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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Parents and Other Measures) Bill
2000
No. ,
2000
(Immigration and Multicultural
Affairs)
A Bill for an Act to amend the law
relating to migration and Medicare, and for related
purposes
ISBN: 0642 437343
Contents
Health Insurance Act
1973 3
Migration Act
1958 5
Migration Regulations
1994 6
A Bill for an Act to amend the law relating to migration
and Medicare, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment (Parents
and Other Measures) Act 2000.
(1) Sections 1, 2 and 3 commence on the day after the day on which
this Act receives the Royal Assent.
(2) Schedule 1 commences on a day to be fixed by
Proclamation.
(3) If Schedule 1 does not commence under subsection (2) within
the period of 6 months beginning on the day on which this Act receives the Royal
Assent, it commences on the first day after the end of that period.
(4) Schedule 2 commences, or is taken to have commenced, immediately
after the commencement of the Migration (Visa Application) Charge Amendment
Act 2000.
(5) Subject to subsections (6) and (7), Schedule 3 commences on
a day to be fixed by Proclamation. However, the day fixed must not be before the
day after the day on which the Migration (Visa Application) Charge Amendment
Act 2000 receives the Royal Assent.
(6) Subject to subsection (7), if Schedule 3 does not commence
under subsection (5) within the period of 7 months beginning on the day on
which this Act receives the Royal Assent, it commences on the first day after
the end of that period.
(7) If the Migration (Visa Application) Charge Amendment Act 2000
has not received the Royal Assent within the period of 6 months after the
day on which this Act receives the Royal Assent, Schedule 3 to this Act is
repealed on the first day after the end of that period.
(1) Subject to section 2, each Act, and each regulation, that is
specified in a Schedule to this Act is amended or repealed as set out in the
applicable items in the Schedule concerned, and any other item in a Schedule to
this Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or repealed by the
Governor-General.
(3) To avoid doubt, regulations amended under subsection (1) are
taken to still be regulations.
1 Subsection 3(1) (at the end of
paragraphs (a), (b), (ba), (c) and (d) of the definition of Australian
resident)
Add “or”.
2 Subsection 3(1) (paragraph (e) of the
definition of Australian resident)
Repeal the paragraph, substitute:
(e) a person who is the holder of a temporary protection visa;
or
(f) a person who:
(i) is, within the meaning of the Migration Act 1958, the holder of
a temporary visa (other than a temporary protection visa); and
(ii) has applied for a permanent visa under that Act and the application
has not been finally determined; and
(iii) has not, on or after the commencement of this paragraph, made an
application for a protection visa under that Act (whether or not the person has
applied for any other visa), other than an application that has been finally
determined; and
(iv) has not, whether before or after the commencement of this paragraph,
made an application for a parent visa under that Act (whether or not the person
has applied for any other visa), other than an application that has been finally
determined; and
(v) in respect of whom either:
(A) another person, being the person’s spouse, parent or child, is
an Australian citizen or the holder of a permanent visa under that Act;
or
(B) an authority to work in Australia is in force.
3 Subsection 3(1)
Insert:
finally determined has the same meaning as in the
Migration Act 1958.
4 Subsection 3(1)
Insert:
Migration Regulations means regulations made under the
Migration Act 1958.
5 Subsection 3(1)
Insert:
parent visa: a person has applied for a parent visa
if:
(a) the person has applied for a permanent visa included in a class of
visas under the Migration Regulations, being a class that has the word
“parent” in its title; or
(b) before 1 November 1999 the person applied for a Change in
Circumstance (Residence) (Class AG) visa, a Family (Residence) (Class AO) visa
or a General (Residence) (Class AS) visa under the Migration Regulations
and:
(i) the person was nominated for the grant of that visa by a child of the
person, being a child who was at least 18 years old when the application was
made; or
(ii) the person was included in an application made by a person covered by
subparagraph (i).
6 Subsection 3(1)
Insert:
protection visa means a permanent or temporary visa included
in a class of visas under the Migration Regulations, being a class that has the
word “protection” in its title.
7 Subsection 3(1)
Insert:
temporary protection visa means a temporary visa included in
a class of visas under the Migration Regulations, being a class that has the
word “protection” in its title.
1 Subsection 45B(1) (note)
Omit “section 5 of”.
1 Regulation 1.03, after the definition of
RHQ agreement
Insert:
satisfactory private health insurance cover means an
arrangement specified under regulation 1.15C.
2 After regulation 1.15B
Insert:
(1) The Minister may, by notice in the Gazette,
specify an applicable benefits arrangement, or a class of applicable benefits
arrangements, provided by a registered organization as satisfactory private
health insurance cover.
(2) However, the Minister must not specify an arrangement, or a class of
arrangements, unless the arrangement, or each arrangement in the class, is an
arrangement that is:
(a) consistent with paragraph (bd) of Schedule 1 to the
National Health Act 1953; and
(b) not subject to a modification by election for the purposes of
paragraph (ba) of that Schedule.
(3) In this regulation, applicable benefits arrangement and
registered
organization
have the meanings given by the National Health Act 1953.
3 Paragraph 2.36 (1) (b)
Substitute:
(b) has effect in respect of a person:
(i) if the person has applied for a Supported Aged Parent (Migrant) (Class
CA) visa, or a Supported Aged Parent (Residence) (Class DA) visa — for the
period of 10 years beginning on the day when that person enters Australia or is
granted the relevant visa, whichever happens later; or
(ii) in any other case — for the period of 2 years beginning on the
day when that person enters Australia or is granted the relevant visa, whichever
happens later.
4 Subregulation 2.39 (4)
Substitute:
(4) If the application to which the assurance relates is an application
for a Supported Aged Parent (Migrant) (Class CA) visa, or a Supported Aged
Parent (Residence) (Class DA) visa, the amount of a bond is:
(a) unless paragraph (b) applies — $10 000; or
(b) if the application to which the assurance relates is dependent on the
holding by, or grant to, another person of a visa of the same class as that
sought in the application — $4 000.
(5) If the application to which the assurance relates is not an
application for a Supported Aged Parent (Migrant) (Class CA) visa, or a
Supported Aged Parent (Residence) (Class DA) visa, the amount of a bond is:
(a) unless paragraph (b) applies — $3 500; or
(b) if the application to which the assurance relates is dependent on the
holding by, or grant to, another person of a visa of the same class as that
sought in the application — $1 500.
5 Schedule 1, after paragraph 1124 (3)
(b)
Insert:
(c) Application must be made before the day on which this paragraph
commences.
6 Schedule 1, after paragraph 1124A (3)
(c)
Insert:
(d) Application must be made before the day on which this paragraph
commences.
7 Schedule 1, after
item 1130
Insert:
(1) Form: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) In the case of an applicant:
(A) who has made a valid application for a Parent (Migrant) (Class AX)
visa before the day on which this item commences; and
(B) in relation to whom no decision has been made to grant or refuse to
grant that visa:
Nil
(ii) In any other case: $1 075
(b) Second instalment (payable before grant of visa):
(i) In the case of an applicant who presents satisfactory evidence that
the applicant is covered by satisfactory private health insurance cover that
will provide benefits to the applicant for at least 10 years starting when the
Minister accepts the assurance of support given in relation to the applicant:
Nil
(ii) In any other case:
(A) if the applicant is under 18 years at the time of application:
$960
(B) if the applicant is 18 years or older at the time of application: $25
000.
(3) Other:
(a) Application must be made outside Australia.
(b) Applicant must be outside Australia.
(c) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Supported Aged Parent (Migrant) (Class CA)
visa may be made at the same time and place as, and combined with, the
application by that person.
(4) Subclasses:
107 (Supported Aged Parent)
(1) Form: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) In the case of an applicant:
(A) who is an aged parent; and
(B) who has made a valid application for an Aged Parent (Residence) (Class
BP) visa, a Family (Residence) (Class AO) visa, or a General (Residence) (Class
AS) visa, before the day on which this item commences; and
(C) in relation to whom no decision has been made to grant or refuse to
grant that visa:
Nil
(ii) In any other case: $1 595
(b) Second instalment (payable before grant of visa):
(i) In the case of an applicant who presents satisfactory evidence that
the applicant is covered by satisfactory private health insurance cover that
will provide benefits to the applicant for at least 10 years starting when the
Minister accepts the assurance of support given in relation to the applicant:
Nil
(ii) In any other case:
(A) if the applicant is under 18 years at the time of application:
$960
(B) if the applicant is 18 years or older at the time of application: $25
000.
(3) Other:
(a) Application must be made in Australia but not in immigration
clearance.
(b) Applicant must be in Australia but not in immigration
clearance.
(c) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Supported Aged Parent (Residence) (Class DA)
visa may be made at the same time and place as, and combined with, the
application by that person.
(4) Subclasses:
860 (Supported Aged Parent)
8 Schedule 2, after
Part 106
Insert:
Subclass 107 Supported Aged
Parent
107.1 Interpretation
Note aged parent, close relative,
dependent child, eligible New Zealand citizen,
guardian, settled, spouse and
working age parent are defined in regulation 1.03, and
balance of family test is defined in regulation 1.05. There are no
interpretation provisions specific to this Part.
107.2 Primary
criteria
Note The primary criteria must be satisfied by at least 1
member of a family unit. The other members of the family unit who are applicants
for a visa of this Subclass need satisfy only the secondary criteria.
107.21 Criteria to be satisfied at time of
application
107.211 (1) The applicant meets the requirements of subclause (2) or
(3).
(2) The applicant meets the requirements of this subclause if the
applicant:
(a) is a working age parent; and
(b) has a dependent child in Australia who:
(i) has not turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent
resident, or a settled eligible New Zealand citizen.
(3) The applicant meets the requirements of this subclause if the
applicant is an aged parent of a settled Australian citizen, a settled
Australian permanent resident or a settled eligible New Zealand
citizen.
107.212 (1) If the applicant meets the requirements of subclause 107.211
(2), the applicant is sponsored:
(a) by a settled dependent child of the applicant who has turned 18;
or
(b) if the applicant has no settled dependent child who has turned
18:
(i) by a person who:
(A) has turned 18; and
(B) is a close relative or guardian of a settled dependent child of the
applicant who has not turned 18; and
(C) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen; or
(ii) by a community organisation.
(2) In this clause, settled dependent child means a
dependent child of the applicant who is a settled Australian citizen, a settled
Australian permanent resident or a settled eligible New Zealand
citizen.
107.213 (1) If the applicant meets the requirements of subclause 107.211
(3) the applicant is sponsored in accordance with subclause (2) or
(3).
(2) If the relevant child has turned 18, the applicant is sponsored
by:
(a) that child; or
(b) that child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen.
(3) If the relevant child has not turned 18, the applicant is
sponsored:
(a) by that child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen; or
(b) by a person who:
(i) is a close relative or guardian of the relevant child; and
(ii) has turned 18; and
(iii) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen; or
(c) if the relevant child has a cohabiting spouse but the spouse has not
turned 18 — by a person who:
(i) is a close relative or guardian of the relevant child’s spouse;
and
(ii) has turned 18; and
(iii) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen; or
(d) by a community organisation.
(4) In this clause, the relevant child means the settled
Australian citizen, settled Australian permanent resident or settled eligible
New Zealand citizen mentioned in subclause 107.211(3).
107.214 The applicant satisfies the balance of family test.
107.22 Criteria to be satisfied at time of
decision
107.221 The applicant continues to satisfy the criterion specified in
clause 107.211.
107.222 The sponsorship referred to in clause 107.212 or 107.213 has
been approved by the Minister and is still in force.
107.223 The applicant continues to satisfy the balance of family
test.
107.224 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
107.225 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
107.226 An assurance of support in relation to the applicant has been
given, and has been accepted by the Minister.
107.227 (1) Each member of the family unit of the applicant who is an
applicant for a Supported Aged Parent (Migrant) (Class CA) visa is a person
who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if that member of the family unit has previously been in Australia,
satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an
applicant for a Supported Aged Parent (Migrant) (Class CA) visa is a person
who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004;
and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment in relation to that criterion.
107.228 If a person (in this clause called the additional
applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant —
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
107.3 Secondary
criteria
Note These criteria must be satisfied by applicants who are
members of the family unit of a person who satisfies the primary
criteria.
107.31 Criteria to be satisfied at time of
application
107.311 The applicant is a member of the family unit of, and made a
combined application with, a person who satisfies the primary criteria in
Subdivision 107.21.
107.312 The sponsorship referred to in clause 107.212 or 107.213 of
the person who satisfies the primary criteria includes sponsorship of the
applicant.
107.32 Criteria to be satisfied at time of
decision
107.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a Subclass
107 visa.
107.322 The sponsorship referred to in clause 107.312 has been
approved by the Minister and is still in force.
107.323 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
107.324 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
107.325 Either:
(a) the applicant is included in the assurance of support given in respect
of the person who satisfies the primary criteria, and that assurance has been
accepted by the Minister; or
(b) an assurance of support has been given in relation to the applicant,
and has been accepted by the Minister.
107.326 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
107.4 Circumstances applicable to
grant
107.411 The applicant must be outside Australia when the visa is
granted.
Note The second instalment of the visa application charge (if any)
must be paid before the visa can be granted.
107.5 When visa is in
effect
107.511 Permanent visa permitting the holder to travel to and enter
Australia for a period of 5 years from the date of grant.
107.6 Conditions
107.611 First entry must be made before a date specified by the Minister
for the purpose.
107.612 Either or both of conditions 8502 and 8515 may be
imposed.
107.7 Way of giving
evidence
107.711 Visa label affixed to a valid passport.
9 Schedule 2, after
Part 859
Insert:
Subclass 860 Supported Aged
Parent
860.1 Interpretation
Note aged parent, dependent child and
eligible New Zealand citizen are defined in regulation 1.03, and
balance of family test is defined in regulation 1.05. There are no
interpretation provisions specific to this Part.
860.2 Primary
criteria
Note The primary criteria must be satisfied by at least 1
member of a family unit. The other members of the family unit who are applicants
for a visa of this Subclass need satisfy only the secondary criteria.
860.21 Criteria to be satisfied at time of
application
860.211 The applicant is nominated for the grant of the visa by a child of
the applicant who:
(a) has turned 18; and
(b) is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen.
860.212 The applicant is an aged parent of the Australian citizen,
Australian permanent resident or eligible New Zealand citizen referred to in
clause 860.211.
860.213 If the applicant is not mentioned in subparagraph 1130B (2) (a)
(i):
(a) the applicant is the holder of a substantive visa (other than a
Subclass 771 (Transit) visa); or
(b) if the applicant is not the holder of a substantive visa, the
applicant:
(i) was not, immediately before ceasing to hold a substantive visa, the
holder of a Subclass 771 (Transit) visa; and
(ii) satisfies Schedule 3 criterion 3002.
860.22 Criteria to be satisfied at time of
decision
860.221 The applicant continues to satisfy the criterion in
clause 860.211.
860.222 The applicant satisfies the balance of family test.
860.223 An assurance of support in relation to the applicant has been
given, and has been accepted by the Minister.
860.224 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
860.225 (1) Each member of the family unit of the applicant who is an
applicant for a Supported Aged Parent (Residence) (Class DA) visa satisfies
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an
applicant for a Supported Aged Parent (Residence) (Class DA) visa:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004;
and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment in relation to that criterion.
860.226 If a person (in this clause called the additional
applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant —
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
860.3 Secondary
criteria
Note If a person satisfies the primary criteria, members of
the family unit of that person are eligible for the grant of the visa if they
satisfy the secondary criteria and their applications are made before the
Minister has decided to grant or refuse to grant the visa to the first
person.
860.31 Criteria to be satisfied at time of
application
860.311 The applicant is a member of the family unit of a person
who:
(a) has applied for a Supported Aged Parent (Residence) (Class DA) visa;
and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in Subdivision 860.21;
and the Minister has not decided to grant or refuse to grant the visa to
that other person.
860.32 Criteria to be satisfied at time of
decision
860.321 The person is a member of the family unit of a person who, having
satisfied the primary criteria, is the holder of a Subclass 860 visa.
860.322 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
860.323 Either:
(a) an assurance of support in relation to the relevant person who
satisfies the primary criteria, that includes the applicant, has been given, and
has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given,
and has been accepted by the Minister.
860.324 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
860.4 Circumstances applicable to
grant
860.411 The applicant must be in Australia, but not in immigration
clearance, when the visa is granted.
Note The second instalment of the visa application charge (if any)
must be paid before the visa can be granted.
860.5 When visa is in
effect
860.511 Permanent visa permitting the holder to travel to and enter
Australia for 5 years from the date of grant.
860.6 Conditions:
Nil
860.7 Way of giving
evidence
860.711 Visa label affixed to a passport.