Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNothing in this Division:
(a) requires an infringement notice to be served on a person in relation to an offence or a contravention of a civil penalty provision; or
(b) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if an infringement notice is not served on the person in relation to the offence or in relation to a contravention of a civil penalty provision; or
(d) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if an infringement notice is served and withdrawn; or
(e) limits the amount of:
(i) the fine that may be imposed by a court on a person convicted of an offence; or
(ii) the pecuniary penalty that may be imposed by a court on a person for a contravention of a civil penalty provision.
[39] Schedule 1, subparagraph 1205 (2) (a) (i)
substitute
(i) In the case of an applicant who is outside Australia at the time of application, and who appears to the Minister on the basis of the information contained in the application to meet the requirements of subparagraph (iii): Nil
[40] Schedule 1, subparagraph 1205 (2) (a) (ii)
substitute
(ii) An applicant meets the requirements of this subparagraph if:
(A) the applicant has been identified in a nomination under section 140GB of the Act to perform as an entertainer in 1 or more specific engagements that are for non-profit purposes; or
(B) the applicant is a person mentioned in sub‑sub-subparagraph 1205 (3) (ca) (ii) (B) (I) or (II) who is:
(I) funded wholly or in part by the Commonwealth; and
(II) is approved by the Secretary for this sub-sub-subparagraph.
[41] Schedule 1, paragraph 1205 (3) (c)
before
criteria
insert
primary
[42] Schedule 1, paragraph 1205 (3) (c)
omit
form 148
insert
form 1379
[43] Schedule 1, after paragraph 1205 (3) (c), including the note
insert
(ca) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa) must:
(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is:
(A) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 411 (Exchange) visa:
(I) an exchange sponsor; or
(II) a person who has applied for approval as an exchange sponsor but whose application has not yet been decided; or
(B) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 420 (Entertainment) visa or Subclass 423 (Media and Film Staff) visa:
(I) an entertainment sponsor; or
(II) a person who has applied for approval as an entertainment sponsor but whose application has not yet been decided; or
(C) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 421 (Sport) visa:
(I) a sport sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (3); or
(II) a person who has applied for approval as a sport sponsor but whose application has not yet been decided; or
(D) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 428 (Religious Worker) visa:
(I) a religious worker sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (4);
(II) or a person who has applied for approval as a religious worker sponsor but whose application has not yet been decided.
(cb) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 416 (Special Program) visa (other than the criterion specified in paragraph 416.222 (d) of Schedule 2) must:
(i) specify, in the application, the person who proposes to be the special program sponsor in relation to the applicant; and
(ii) provide evidence that the person is a special program sponsor, or is a person who has applied for approval as a special program sponsor but whose application has not yet been decided.
[44] Schedule 1, after paragraph 1207 (3) (b)
insert
(ba) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is a domestic worker sponsor, or a person who has applied for approval as a domestic worker sponsor but whose application has not yet been decided.
[45] Schedule 1, after paragraph 1208 (3) (b)
insert
(ba) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 415 (Foreign Government Agency) visa must:
(i) specify, in the application, the person who proposes to be the foreign government agency sponsor in relation to the applicant; and
(ii) provide evidence that the person is a foreign government agency sponsor, or is a person who has applied for approval as a foreign government agency sponsor but whose application has not yet been decided.
(bb) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 419 (Visiting Academic) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is a visiting academic sponsor, or is a person who has applied for approval as a visiting academic sponsor but whose application has not yet been decided.
(bc) Unless subitem (3A) applies, an applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is an occupational trainee sponsor, or a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.
[46] Schedule 1, after subitem 1208 (3)
insert
(3A) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa in order to undertake a program of occupational training that will be provided by the Commonwealth must:
(i) specify, in the application, the person who proposes to be the occupational trainee sponsor in relation to the applicant; and
(ii) provide evidence that the person is an occupational trainee sponsor, or is a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.
[47] Schedule 1, subparagraphs 1220B (3) (a) (i) and (ii), including the note
substitute
(i) must include evidence that:
(A) a professional development sponsor has agreed, in writing, to be the professional development sponsor in relation to the person; and
(B) the professional development sponsor is not barred from sponsoring the person under paragraph 140M (1) (c) of the Act; and
(ii) must be lodged by the professional development sponsor.
Note Under paragraph 140M (1) (c) of the Act, a professional development sponsor may be barred for a specified period from sponsoring more people under the terms of 1 or more specified, or all, existing approvals for visas.
[48] Schedule 1, after paragraph 1227A (3) (c)
insert
(ca) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 488 (Superyacht Crew) visa must:
(i) specify, in the application, the person who proposes to be the superyacht crew sponsor in relation to the applicant; and
(ii) provide evidence that the person is a superyacht crew sponsor, or is a person who has applied for approval as a superyacht crew sponsor but whose application has not yet been decided.
[49] Schedule 2, clause 411.211
substitute
411.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[50] Schedule 2, clauses 411.221 to 411.224
substitute
411.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an exchange sponsor at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to work for the exchange sponsor in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) the exchange agreement between the exchange sponsor and a reciprocating foreign organisation is still in place; and
(f) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
411.222A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the work for which the applicant was identified in the nomination.
411.222B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
411.224 If the application is made in the migration zone, the applicant has substantially complied with the conditions that apply or applied to:
(a) the last substantive visa (if any) held by the applicant; and
(b) any subsequent bridging visa held by the applicant.
[51] Schedule 2, paragraph 411.226 (b)
omit
4019.
insert
4019; and
[52] Schedule 2, after paragraph 411.226 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[53] Schedule 2, after clause 411.226
insert
411.226A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[54] Schedule 2, clause 411.227
omit
[55] Schedule 2, clause 411.322
substitute
411.322 The Minister is satisfied that the applicant:
(a) has adequate means to support himself or herself; or
(b) has access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
411.322A The Minister is satisfied that the exchange sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the exchange sponsor in relation to the applicant.
411.322B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[56] Schedule 2, after clause 411.611
insert
411.611A If the applicant meets the primary or secondary criteria, condition 8501.
[57] Schedule 2, clause 411.612
omit
8501,
[58] Schedule 2, Division 415.1
substitute
415.1 Interpretation
Note foreign government agency is defined in regulation 2.57.
[59] Schedule 2, clause 415.211
substitute
415.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[60] Schedule 2, clause 415.221
omit
[61] Schedule 2, paragraph 415.222 (b)
omit
[62] Schedule 2, clauses 415.223 and 415.224
substitute
415.223 The Minister is satisfied that:
(a) a foreign government agency sponsor has agreed in writing to be the foreign government agency sponsor in relation to the applicant; and
(b) the foreign government agency sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(c) either:
(i) there is no adverse information known to Immigration about the foreign government agency sponsor mentioned in paragraph (a) or a person associated with that foreign government agency sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the foreign government agency sponsor mentioned in paragraph (a) or a person associated with that foreign government agency sponsor.
415.223A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the work mentioned in clause 415.222.
415.223B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
415.223C The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[63] Schedule 2, clause 415.229
omit
[64] Schedule 2, clause 415.231
omit
[65] Schedule 2, clauses 415.322 and 415.323
substitute
415.322 The Minister is satisfied that the foreign government agency sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the foreign government agency sponsor in relation to the applicant.
415.323 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
415.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[66] Schedule 2, after clause 415.611
insert
415.611A If the applicant meets the primary or secondary criteria, condition 8501.
[67] Schedule 2, clause 415.612
omit
8501,
[68] Schedule 2, clauses 416.221 and 416.222
substitute
416.222 The Minister is satisfied that:
(a) the applicant seeks to enter or remain in Australia to participate in an approved special program conducted by the special program sponsor in relation to the applicant; or
(d) the applicant has been invited to undertake seasonal work in Australia:
(i) by an organisation approved by the Secretary for the purposes of this subparagraph; and
(ii) in accordance with a program for undertaking seasonal work approved by the Secretary for the purposes of this subparagraph.
416.222A If the applicant is an applicant to whom paragraph 416.222 (a) applies, the Minister is satisfied that:
(a) a special program sponsor has agreed in writing to be the special program sponsor in relation to the applicant; and
(b) the special program sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(c) either:
(i) there is no adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor.
416.222B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity mentioned in clause 416.222.
416.222C The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[69] Schedule 2, paragraph 416.223 (b)
omit
4019.
insert
4019; and
[70] Schedule 2, after paragraph 416.223 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4017 and 4018.
[71] Schedule 2, after clause 416.223
insert
416.223A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[72] Schedule 2, clause 416.227
omit
[73] Schedule 2, after clause 416.311
insert
416.311A If paragraph 416.222 (a) applies to the member of the family unit who satisfies the primary criteria, the Minister is satisfied that the special program sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the special program sponsor in relation to the applicant.
[74] Schedule 2, clause 416.322
substitute
416.322 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
[75] Schedule 2, paragraph 416.323 (c)
omit
4019.
insert
4019; and
[76] Schedule 2, after paragraph 416.323 (c)
insert
(d) in the case of an applicant who has not turned 18 -- satisfies public interest criteria 4017 and 4018.
[77] Schedule 2, after clause 416.324A
insert
416.324B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[78] Schedule 2, clause 416.611
insert
416.611B If the applicant satisfies the primary or secondary criteria, condition 8501 must be imposed.
[79] Schedule 2, clause 416.611A
omit
[80] Schedule 2, clause 416.612
omit
8501
insert
8403
[81] Schedule 2, clause 419.211
substitute
419.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[82] Schedule 2, clauses 419.221 to 419.224
substitute
419.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a visiting academic sponsor at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant:
(i) seeks to enter or remain in Australia to observe or participate in an Australian research project at the sponsoring Australian tertiary or research institution; and
(ii) will not be receiving a salary, scholarship or allowance (other than an allowance for living expenses in Australia and travel costs) from the visiting academic sponsor; and
(e) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
419.224A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
419.224B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[83] Schedule 2, paragraph 419.225 (b)
omit
4019.
insert
4019; and
[84] Schedule 2, after paragraph 419.225 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[85] Schedule 2, after clause 419.225
insert
419.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[86] Schedule 2, clause 419.229
omit
[87] Schedule 2, after clause 419.321
insert
419.321A The Minister is satisfied that the visiting academic sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the visiting academic sponsor in relation to the applicant.
[88] Schedule 2, clause 419.322
substitute
419.322 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
419.322A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[89] Schedule 2, after clause 419.611
insert
419.611A If the applicant meets the primary or secondary criteria, condition 8501.
[90] Schedule 2, clause 419.612
omit
8501,
[91] Schedule 2, Division 420.1
substitute
420.1 Interpretation
Note Arts Minister is defined in regulation 1.03.
[92] Schedule 2, clause 420.211
substitute
420.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[93] Schedule 2, clauses 420.221 to 420.225
substitute
420.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
420.225A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
420.225B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[94] Schedule 2, paragraph 420.226 (b)
omit
4019.
insert
4019; and
[95] Schedule 2, after paragraph 420.226 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[96] Schedule 2, after clause 420.226
insert
420.226A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[97] Schedule 2, clause 420.230
omit
[98] Schedule 2, clauses 420.322 and 420.323
substitute
420.322 The Minister is satisfied that the entertainment sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant.
420.323 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
420.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[99] Schedule 2, after clause 420.611
insert
420.611A If the applicant meets the primary or secondary criteria, condition 8501.
[100] Schedule 2, clause 420.612
omit
8501,
[101] Schedule 2, clause 421.211
substitute
421.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[102] Schedule 2, clauses 421.221 to 421.224A
substitute
421.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a sport sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (3) at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) if the nominated activity for which the applicant was identified in the nomination required a formal arrangement to be in place between the sport sponsor and the applicant -- the agreement is still in place; and
(f) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
421.224B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
421.224C The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[103] Schedule 2, paragraph 421.225 (b)
omit
4019.
insert
4019; and
[104] Schedule 2, after paragraph 421.225 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[105] Schedule 2, after clause 421.225
insert
421.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[106] Schedule 2, clauses 421.229 and 421.230
omit
[107] Schedule 2, clauses 421.322 and 421.323
substitute
421.322 The Minister is satisfied that the sport sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the sport sponsor in relation to the applicant.
421.323 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
421.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[108] Schedule 2, after clause 421.611
insert
421.611A If the applicant satisfies the primary or secondary criteria, condition 8501.
[109] Schedule 2, clause 421.612
omit
8501,
[110] Schedule 2, after clause 422.611
insert
422.611A If the applicant meets the primary or secondary criteria, condition 8501.
[111] Schedule 2, clause 422.612
omit
8501,
[112] Schedule 2, clause 423.211
substitute
423.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[113] Schedule 2, clauses 423.221 to 423.224
substitute
423.223 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
423.224A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
423.224B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[114] Schedule 2, paragraph 423.225 (b)
omit
4019.
insert
4019; and
[115] Schedule 2, after paragraph 423.225 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[116] Schedule 2, after clause 423.225
insert
423.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[117] Schedule 2, clauses 423.229 and 423.230
omit
[118] Schedule 2, clauses 423.322 and 423.323
substitute
423.322 The Minister is satisfied that the entertainment sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant.
423.323 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
423.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[119] Schedule 2, after clause 423.611
insert
423.611A If the applicant meets the primary or secondary criteria, condition 8501.
[120] Schedule 2, clause 423.612
omit
8501,
[121] Schedule 2, clause 427.211
substitute
427.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[122] Schedule 2, clauses 427.221 to 427.225
substitute
427.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a domestic worker sponsor at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to undertake full-time domestic duties in the private household of the domestic worker sponsor; and
(e) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
427.225A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to undertake the duties for which the applicant was identified in the nomination.
427.225B The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
[123] Schedule 2, clause 427.226
omit
[124] Schedule 2, after clause 427.228
insert
427.228A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[125] Schedule 2, clause 427.231
omit
[126] Schedule 2, clause 427.233
omit
[127] Schedule 2, clauses 427.322 and 427.323
substitute
427.322 The Minister is satisfied that the domestic worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the domestic worker sponsor in relation to the applicant.
427.323 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
427.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[128] Schedule 2, after clause 427.611
insert
427.611A If the applicant meets the primary or secondary criteria, condition 8501.
[129] Schedule 2, clause 427.612
omit
8501,
[130] Schedule 2, clause 428.211
substitute
428.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa that is not:
(i) a Subclass 426 (Domestic Worker (Temporary) -- Diplomatic or Consular) visa; or
(ii) a Subclass 771 (Transit) visa; or
(iii) a Subclass 995 (Diplomatic (Temporary)) visa; or
(iv) a special purpose visa; or
(b) the applicant:
(i) does not hold a substantive visa; and
(ii) the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and
(iii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
[131] Schedule 2, clauses 428.221 to 428.223
substitute
428.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a religious worker sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (4) at the time the nomination was approved; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) the applicant seeks to enter or remain in Australia to be engaged on a full-time basis to participate in work or an activity:
(i) that is predominately non-profit in nature; and
(ii) that directly serves the religious objectives of the religious institution that is the religious worker sponsor; and
(e) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
428.222B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
[132] Schedule 2, paragraph 428.225 (b)
omit
4019.
insert
4019; and
[133] Schedule 2, after paragraph 428.225 (b)
insert
(c) if the applicant has not turned 18 -- satisfies public interest criteria 4012, 4017 and 4018.
[134] Schedule 2, after clause 428.225
insert
428.225A The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's intended stay in Australia.
428.225B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[135] Schedule 2, clause 428.322
substitute
428.322 The Minister is satisfied that the religious worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the religious worker sponsor in relation to the applicant.
428.322A The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
428.322B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
[136] Schedule 2, after clause 428.611
insert
428.611A If the applicant meets the primary or secondary criteria, condition 8501.
[137] Schedule 2, clause 428.612
omit
8501,
[138] Schedule 2, clauses 442.221 to 442.223
substitute
442.222 (1) The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act, unless the occupational training is to be provided to the applicant by the Commonwealth; and
(b) if the occupational training is to be provided to the applicant by the Commonwealth -- the occupational trainee sponsor has agreed in writing to be the occupational trainee sponsor in relation to the applicant; and
(c) the nomination mentioned in paragraph (a) was made by a person who was an occupational trainee sponsor at the time the nomination was approved; and
(d) the approval of the nomination mentioned in paragraph (a) has not ceased under regulation 2.75A; and
(e) the applicant seeks to enter or remain in Australia to undertake the occupational training; and
(f) either:
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
(2) For subclause (1), occupational training to be provided by the Commonwealth includes occupational training to be provided by:
(a) a body corporate incorporated for a public purpose under an Act or regulations made under an Act; or
(b) an authority or body (other than a body corporate) established for a public purpose under an Act or regulations made under an Act.
442.223 The Minister is satisfied that occupational opportunities available to Australian citizens or permanent residents of Australia will not be adversely affected if the visa is granted.
[139] Schedule 2, clause 442.230
omit
[140] Schedule 2, clause 442.322
substitute
442.322 The Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
taking into account the applicant's work rights during the period of the applicant's stay in Australia.
442.321A The Minister is satisfied that the occupational trainee sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the occupational trainee sponsor in relation to the applicant.
[141] Schedule 2, clause 470.111
omit
employed ,
[142] Schedule 2, clause 470.111
omit
1.20M
insert
2.57
[143] Schedule 2, clause 470.111, note
substitute
Note professional development sponsor is defined in regulation 1.03.
[144] Schedule 2, clause 470.112
omit
applicable agreement
insert
professional development agreement
[145] Schedule 2, clause 470.112
omit
approved
[146] Schedule 2, clause 470.222
substitute
470.222 The applicant nominated a professional development sponsor as the applicant's sponsor in the application for the visa.
470.222A The professional development sponsor nominated by the applicant:
(a) has not ceased to be an approved sponsor; and
(b) has not withdrawn the agreement, in writing, to be a professional development sponsor in relation to the applicant; and
(c) is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act.
Note approved sponsor is defined in subsection 5 (1) of the Act.
[147] Schedule 2, clause 470.223
before
sponsor
insert
professional development
[148] Schedule 2, clause 470.225
omit
[149] Schedule 2, clause 470.226
substitute
470.226 The applicant:
(a) has an overseas employer; and
(b) is in a managerial or professional position in relation to the overseas employer.
[150] Schedule 2, clause 470.227
omit
applicable agreement
insert
professional development agreement
[151] Schedule 2, clause 470.228
omit
[152] Schedule 2, clause 470.229
omit
approved
[153] Schedule 2, clause 470.232
omit
approved
[154] Schedule 2, clause 470.234
omit
applicable agreement
insert
professional development agreement
[155] Schedule 2, clause 488.222
substitute
488.222 The Minister is satisfied that:
(a) a superyacht crew sponsor has agreed to be the superyacht crew sponsor in relation to the applicant; and
(b) the superyacht crew sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(c) either:
(i) there is no adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor.
[156] Schedule 2, subparagraph 571.223 (2) (b) (i)
substitute
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person's own or provided by a relative; and
[157] Schedule 2, subparagraph 572.223 (2) (b) (i)
substitute
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person's own or provided by a relative; and
[158] Schedule 2, subparagraph 573.223 (2) (b) (i)
substitute
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person's own or provided by a relative; and
[159] Schedule 2, subparagraph 574.223 (2) (b) (i)
substitute
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person's own or provided by a relative; and
[160] Schedule 8, condition 8107
substitute
8107 (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:
(a) cease to be employed by the employer in relation to which the visa was granted; or
(b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(c) engage in work for another person or on the holder's own account while undertaking the employment in relation to which the visa was granted.
(2) If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:
(a) cease to undertake the activity in relation to which the visa was granted; or
(b) engage in an activity inconsistent with the activity in relation to which the visa was granted; or
(c) engage in work for another person or on the holder's own account inconsistent with the activity in relation to which the visa was granted.
(3) If the visa is a Subclass 457 (Business (Long Stay)) visa:
(a) the holder must work only:
(i) in the occupation listed in the most recently approved nomination for the holder; and
(ii) for:
(A) the standard business sponsor, former standard business sponsor, party to a labour agreement or former party to a labour agreement (the sponsor ) who nominated the holder in the most recently approved nomination; or
(B) an associated entity of the sponsor;
unless:
(iii) the holder's occupation is specified in an instrument in writing for subparagraph 2.72 (10) (d) (ii) or (iii); or
(iv) the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice; and
(b) if the holder ceases employment -- the period during which the holder ceases employment must not exceed 28 consecutive days.
(4) If:
(a) the visa is:
(i) a Subclass 411 (Exchange) visa; or
(ii) a Subclass 419 (Visiting Academic) visa; or
(iii) a Subclass 420 (Entertainment) visa; or
(iv) a Subclass 421 (Sport) visa; or
(v) a Subclass 423 (Media and Film Staff) visa; or
(vi) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or
(vii) a Subclass 428 (Religious Worker) visa; or
(viii) a Subclass 442 (Occupational Trainee) visa; and
(b) in the case of a holder of a Subclass 442 (Occupational Trainee) visa -- the occupational training is not provided to the holder by the Commonwealth;
the holder must not:
(c) cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(d) engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(e) engage in work or an activity for an employer (within the meaning of subregulation 2.72A (8)) other than the employer identified in accordance with paragraph 2.72A (7) (a) in the most recent nomination in which the holder is identified.
[161] Schedule 10, after Form 3
insert
Form 4 Identity card
COMMONWEALTH OF AUSTRALIA
INSPECTOR'S IDENTITY CARD
|
For subsection 140W (1) of the Migration Act 1958, I, [name] , Minister for Immigration and Citizenship [ or a delegate of the Minister for Immigration and Citizenship], certify that [ name ] whose photograph and signature appear on this card is an inspector for the purposes of the Act.
Dated [date]
[ signature of Minister or delegate ] |
[photograph]
[signature of inspector] |