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MIGRATION REGULATIONS 1994

MIGRATION REGULATIONS 1994

- made under the Migration Act 1958

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1.1--Introductory

   1.01.   Name of Regulations  

           Division 1.2--Interpretation

   1.03.   Definitions  
   1.04.   Adoption  
   1.04A.  Foreign Affairs recipients and Foreign Affairs students  
   1.04B.  Defence student  
   1.05.   Balance of family test  
   1.05A.  Dependent  
   1.06.   References to classes of visas  
   1.07.   References to subclasses of visas  
   1.08.   Compelling need to work  
   1.09.   Criminal detention  
   1.09A.  De facto partner and de facto relationship  
   1.11.   Main business  
   1.11A.  Ownership for the purposes of certain Parts of Schedule 2  
   1.11B.  ETA-eligible passport  
   1.11C.  eVisitor eligible passport  
   1.12.   Member of the family unit  
   1.12AA. Member of the immediate family  
   1.13.   Meaning of nominator  
   1.13A.  Meaning of adverse information  
   1.13B.  Meaning of associated with  
   1.14.   Orphan relative  
   1.14A.  Parent and child  
   1.15.   Remaining relative  
   1.15AA. Carer  
   1.15A.  Spouse  
   1.15B.  Vocational English  
   1.15C.  Competent English  
   1.15D.  Proficient English  
   1.15EA. Superior English  
   1.15F.  Australian study requirement  
   1.15FAA.Specified Subclass 417 work  
   1.15FA. Specified Subclass 462 work  
   1.15FB. Work carried out for an excluded employer  
   1.15G.  Superyachts  
   1.15I.  Skilled occupation  
   1.15J.  Excluded maritime arrival  
   1.15K.  When a person has an outstanding public health debt  
   1.15L.  Adequate arrangements for health insurance  
   1.15M.  Designated regional areas  
   1.15N.  Concession periods  
   1.15P.  COVID-19 affected visas  
   1.15Q.  Unwanted transfer of critical technology  

           Division 1.3--Administration

   1.16.   Delegation  
   1.16AA. Appointment of Medical Officer of the Commonwealth  
   1.17.   Professional bodies that may nominate persons for appointment to the Independent Health Advice Panel  
   1.18.   Approved forms  

           Division 1.4--Sponsorship not applicable to Division 3A of Part 2 of the Act

   1.20.   Sponsorship undertakings  

           Division 1.4B--Limitation on certain sponsorships under Division 1

   1.20J.  Limitation on approval of sponsorships--spouse, partner, prospective marriage and interdependency visas  
   1.20K.  Limitation on sponsorships--remaining relative visas  
   1.20KA. Limitation on approval of sponsorship--partner (provisional or temporary) or prospective marriage (temporary) visas  
   1.20KB. Limitation on approval of sponsorship--child, partner and prospective marriage visas  
   1.20KC. Limitation on approval of sponsorship--prospective marriage and partner visas  
   1.20KD. Prospective marriage and partner visas--definition of significant criminal record  
   1.20L.  Limitation on approval of sponsorship--Subclass 600 (Visitor) visas  
   1.20LAA.Limitation on sponsorships--parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas  

           Division 1.5--Special provisions relating to family violence

   1.21.   Interpretation  
   1.22.   References to person having suffered or committed family violence  
   1.23.   When is a person taken to have suffered or committed family violence?  
   1.24.   Evidence  
   1.25.   Statutory declaration by alleged victim etc  
   1.27.   Documents not admissible in evidence  

           Division 1.6--Immigration Minister's suspension certificate under Education Services for Overseas Students Act 2000

   1.30.   Prescribed non-citizen  

   PART 2--VISAS

           Division 2.1--Classes, criteria, conditions etc

   2.01.   Classes of visas  
   2.02.   Subclasses  
   2.03.   Criteria applicable to classes of visas  
   2.03A.  Criteria applicable to de facto partners  
   2.03AA. Criteria applicable to character tests and security assessments  
   2.03B.  Protection visas--international instruments  
   2.04.   Circumstances in which a visa may be granted  
   2.05.   Conditions applicable to visas  
   2.05A.  Extension of certain visas held by Ukraine passport holders etc.  
   2.05B.  Extension of certain Subclass 600 visas held by Ukraine passport holders  
   2.06.   Non-citizens who do not require visas to travel to Australia  
   2.06AAA.Entry to Australia--Maritime Crew (Temporary) (Class ZM) visas  
   2.06AAB.Visa applications by holders and certain former holders of safe haven enterprise visas  
   2.06AAC.Entry to Australia--persons entering to participate in, or support, offshore resources activities  

           Division 2.2--Applications

   2.06A.  Definitions  
   2.07.   Application for visa--general  
   2.07A.  Certain applications not valid bridging visa applications  
   2.07AA. Applications for certain visitor visas  
   2.07AB. Applications for Electronic Travel Authority visas  
   2.07AC. Applications for Temporary Safe Haven and Temporary (Humanitarian Concern) visas  
   2.07AF. Applications for Student (Temporary) (Class TU) visas  
   2.07AG. Applications for certain substantive visas by persons for whom condition 8503 or 8534 has been waived under subregulation 2.05(4AA) or (5A)  
   2.07AH. Applications for certain substantive visas by persons for whom condition 8534 has been waived under subregulation 2.05(6) before 18 March 2018  
   2.07AI. Applications for certain substantive visas by persons holding Subclass 173 or 884 visas  
   2.07AK. Applications for Referred Stay (Permanent) (Class DH) visas  
   2.07AL. Applications for certain visas by contributory parent newborn children  
   2.07AM. Applications for Refugee and Humanitarian (Class XB) visas  
   2.07AP. Applications for Maritime Crew (Temporary) (Class ZM) visas  
   2.07AQ. Applications for Resolution of Status (Class CD) visas  
   2.07AR. Applications for Superyacht Crew (Temporary) (Class UW) visas  
   2.08.   Application by newborn child  
   2.08AA. Application by contributory parent newborn child  
   2.08A.  Addition of certain applicants to certain applications for permanent visas  
   2.08AAA.Addition of certain applicants to certain applications for temporary protection visas and safe haven enterprise visas  
   2.08B.  Addition of certain dependent children to certain applications for temporary visas  
   2.08E.  Certain applicants taken to have applied for Partner (Migrant) (Class BC) visas and Partner (Provisional) (Class UF) visas  
   2.08F.  Certain applications for Protection (Class XA) visas taken to be applications for Temporary Protection (Class XD) visas  
   2.08G.  Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas  
   2.09.   Oral applications for visas  
   2.10.   Where application must be made  
   2.10AA. Where application must be made for certain visas  
   2.10A.  Notice of lodgment of application--person in immigration detention (Bridging E (Class WE) visa)  
   2.10B.  Notice of lodgment of application--person in immigration detention (Bridging F (Class WF) visa)  
   2.10C.  Time of making Internet application  
   2.11.   Special provisions for certain visa applications that are refused  
   2.11A.  Visa applications by unauthorised maritime arrivals  
   2.11B.  Visa applications by transitory persons  
   2.12.   Certain non-citizens whose applications refused in Australia (Act, s 48)  
   2.12AA. Refusal or cancellation of visa--prohibition on applying for other visa (Act, s 501E)  

           Division 2.2A--Visa application charge

   2.12C.  Amount of visa application charge  
   2.12D.  Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64(2))  
   2.12F.  Refund of first instalment of visa application charge  
   2.12G.  When payment of second instalment of visa application charge not required  
   2.12H.  Refund of second instalment of visa application charge  
   2.12JA. Payment of visa application charge for Internet application  
   2.12K.  Who is the person who pays an instalment of visa application charge  
   2.12L.  Legal personal representative  

           Division 2.2B--Priority consideration of certain visa applications on request

   2.12M.  Priority consideration of certain visa applications on request  
   2.12N.  Fee for request for priority consideration of visa applications  
   2.12P.  Refund of fee for request for priority consideration of visa applications  

           Division 2.3--Communication between applicant and Minister

   2.13.   Communication with Minister  
   2.14.   Where written communication must be sent  
   2.15.   Response to invitation to give additional information or comments--prescribed periods  
   2.16.   Notification of decision on visa application  

           Division 2.5--Bridging visas

   2.20.   Eligible non-citizen (Act, s 72)  
   2.20A.  Applications for Bridging R (Class WR) visas  
   2.20B.  Applications for Bridging F (Class WF) visas  
   2.21.   Most beneficial bridging visas (Act, s 68(4)(b)(ii))  
   2.21A.  Grant of Bridging A (Class WA) visas without application  
   2.21B.  Grant of Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visas without application  
   2.22.   Invalid application for substantive visa  
   2.23.   Further application for bridging visa (Act, s 74)  
   2.24.   Eligible non-citizen in immigration detention  
   2.25.   Grant of Bridging E (Class WE) visas without application  
   2.25AA. Grant of Bridging R (Class WR) visa without application  
   2.25AB. Grant of Bridging R (Class WR) visas to certain non-citizens without application  
   2.25AC. Conditions not engaging offence relating to mandatory conditions  
   2.25AD. Matters prescribed for the purposes of section 76E of the Act  
   2.25AE. Period for which certain conditions are imposed on Subclass 070 (Bridging (Removal Pending)) visa  

           Division 2.5A--Special provisions relating to certain health criteria

   2.25A.  Referral to Medical Officers of the Commonwealth  

           Division 2.6--Prescribed qualifications--application of points system

   2.26AC. Prescribed qualifications and number of points for Subclass 189, 190, 489 and 491 visas  
   2.26B.  Relevant assessing authorities  
   2.27C.  Skilled occupation in Australia  
   2.27D.  Study in Australia  
   2.28.   Notice of putting application aside  

           Division 2.8--Special purpose visas

   2.40.   Persons having a prescribed status--special purpose visas (Act, s 33(2)(a))  
   2.40A.  Conditions applicable to special purpose visas  

           Division 2.9--Cancellation or refusal to grant visas

              Subdivision 2.9.1--Cancellation under Subdivision C of Division 3 of Part 2 of the Act

   2.41.   Whether to cancel visa--incorrect information or bogus document (Act, s 109(1)(c))  

              Subdivision 2.9.2--Cancellation generally

   2.43.   Grounds for cancellation of visa (Act, s 116)  
   2.44.   Invitation to comment--response  
   2.46.   Time to respond to notice of cancellation (Act, s 129(1)(c))  
   2.48.   Revocation of cancellation (Act, s 131(2))  
   2.49A.  Additional personal powers for Minister to cancel visas--period to submit information, material and representations  
   2.50.   Cancellation of business visas  
   2.50AA. Cancellation of regional sponsored employment visas  

              Subdivision 2.9.3--Refusal or cancellation on character grounds

   2.52.   Refusal or cancellation of visa--representations in respect of revocation of decision by Minister (Act, s 501C and 501CA)  
   2.53.   Submission of information or material (Act, s 501D)  

           Division 2.10--Documents relating to cancellation of visas

   2.53A.  Purpose of Division 2.10  
   2.54.   Definitions for Division 2.10  
   2.55.   Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation  

   PART 2A--SPONSORSHIP APPLICABLE TO DIVISION 3A OF PART 2 OF THE ACT

           Division 2.11--Introductory

   2.56.   Application  
   2.57.   Interpretation  
   2.57A.  Meaning of earnings  

           Division 2.12--Classes of sponsor

   2.58.   Classes of sponsor  

           Division 2.13--Criteria for approval of work sponsor

   2.59.   Criteria for approval as a standard business sponsor  
   2.60.   Criterion for approval as a temporary activities sponsor  
   2.60S.  Additional criteria for all classes of work sponsor--transfer, recovery and payment of costs  

           Division 2.13A--Criteria for approval of family sponsor

   2.60T.  Purpose of Division  
   2.60U.  Criteria for approval as a parent sponsor  
   2.60V.  When an applicant meets the general sponsor requirements  
   2.60W.  When an applicant passes the income test  
   2.60X.  When an applicant meets the conduct requirements  
   2.60Y.  When a person meets the outstanding debt requirements  
   2.60Z.  When a person meets the partner requirements  

           Division 2.14--Application for approval as a sponsor

   2.61.   Application for approval as a work sponsor  
   2.61A.  Application for approval as family sponsor  
   2.62.   Notice of decision  

           Division 2.15--Terms of approval of sponsorship

   2.63.   Temporary activities sponsor or temporary work sponsor  
   2.63A.  Standard business sponsor  
   2.64.   Professional development sponsor  
   2.64A.  Special program sponsor  
   2.64B.  Parent sponsor  

           Division 2.16--Variation of terms of approval of sponsorship

   2.65.   Application of this Division  
   2.66.   Process to apply for variation of terms of approval  
   2.67.   Terms of approval that may be varied  
   2.68A.  Criteria for variation of terms of approval--temporary activities sponsor  
   2.68J.  Additional criteria for variation of terms of approval--transfer, recovery and payment of costs  
   2.68K.  Criteria for variation of terms of approval--parent sponsor  
   2.69.   Notice of decision  

           Division 2.17--Nominations

   2.70.   Application  
   2.72.   Criteria for approval of nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa  
   2.72AA. Labour market testing  
   2.72A.  Criteria for approval of nomination--Subclass 407 (Training) visa  
   2.72B.  Criteria for approval of nomination--alternative criteria for Subclass 407 (Training) visa  
   2.72C.  Criteria for approval of nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa  
   2.73.   Process for nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa  
   2.73AA. Refund of nomination fee and nomination training contribution charge--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa  
   2.73A.  Process for nomination--Subclass 407 (Training) visa  
   2.73B.  Process for nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa  
   2.73C.  Refund of nomination fee and nomination training contribution charge--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa  
   2.74.   Notice of decision  
   2.75.   Period of approval of nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa  
   2.75A.  Period of approval of nomination--Subclass 407 (Training) visa  
   2.75B.  Period of approval of nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa  

           Division 2.18--Work agreements

   2.76.   Requirements  
   2.76A.  Labour market testing and other work agreement requirements  

           Division 2.19--Sponsorship obligations

              Subdivision 2.19.1--Sponsorship obligations of approved work sponsors etc

   2.77.   Preliminary  
   2.78.   Obligation to cooperate with inspectors  
   2.79.   Obligation to ensure equivalent terms and conditions of employment--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa  
   2.79A.  Obligation to ensure equivalent terms and conditions of employment--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa  
   2.80.   Obligation to pay travel costs to enable sponsored persons to leave Australia  
   2.80A.  Obligation to pay travel costs--domestic worker (executive)  
   2.81.   Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen  
   2.82.   Obligation to keep records  
   2.83.   Obligation to provide records and information to the Minister  
   2.84.   Obligation to provide information to Immigration when certain events occur  
   2.85.   Obligation to secure an offer of a reasonable standard of accommodation  
   2.86.   Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity  
   2.86A.  Obligation to ensure primary sponsored person works or participates in activity in relation to which the visa was granted  
   2.87.   Obligation not to recover, transfer or take actions that would result in another person paying for certain costs  
   2.87C.  Obligation not to engage in discriminatory recruitment practices  

              Subdivision 2.19.2--Sponsorship obligations of approved family sponsors etc

   2.87CA. Sponsorship obligations  
   2.87CB. Obligation to keep records  
   2.87CC. Obligation to give records to the Minister  
   2.87CD. Obligation to give information to Immigration when certain events occur  
   2.87CE. Obligation to pay outstanding public health debt of sponsored person  
   2.87CF. Obligation to support sponsored person financially and in respect of accommodation  

           Division 2.19A--Publishing information about sanctions

   2.87D.  Publishing information about sanctions  

           Division 2.20--Circumstances in which sponsor may be barred or sponsor's approval may be cancelled

   2.88.   Preliminary  
   2.89.   Failure to satisfy sponsorship obligation  
   2.90.   Provision of false or misleading information  
   2.91.   Application or variation criteria no longer met  
   2.92.   Contravention of law  
   2.93.   Unapproved change to professional development program or special program  
   2.94.   Failure to pay additional security  
   2.94A.  Failure to comply with certain terms of special program agreement or professional development agreement  
   2.94B.  Change of circumstances relating to approved family sponsor etc.  

           Division 2.21--Process to bar sponsor or cancel sponsor's approval

   2.95.   Preliminary  
   2.96.   Notice of intention to take action  
   2.97.   Decision  
   2.98.   Notice of decision  

           Division 2.22--Waiving a bar on sponsor's approval

   2.99.   Application  
   2.100.  Circumstances in which a bar may be waived  
   2.101.  Criteria for waiving a bar  
   2.102.  Process to waive a bar  

           Division 2.22A--Inspectors

   2.102A. Period of appointment  
   2.102B. Identity cards  
   2.102C. Purposes for which powers of inspectors may be exercised  

           Division 2.22B--Liability and recovery of amounts

   2.102D. Liability to pay amounts  

           Division 2.23--Disclosure of personal information

   2.103.  Disclosure of personal information by Minister--approved work sponsors etc.  
   2.103A. Disclosure of personal information by Minister--approved family sponsors etc.  
   2.104.  Circumstances in which the Minister may disclose personal information  
   2.105.  Circumstances in which a recipient may use or disclose personal information  
   2.106.  Disclosure of personal information to Minister  

   PART 3--IMMIGRATION CLEARANCE AND COLLECTION OF INFORMATION

           Division 3.1--Information to be given

   3.01.   Provision of information (general requirement)  
   3.02.   Passenger cards for persons entering Australia  
   3.03.   Evidence of identity and visa for persons entering Australia (Act s 166)  
   3.03AA. Evidence of identity and providing information--non-military ships (Act s 166)  
   3.03AB. Exemption from requirements to complete a passenger card where digital passenger declaration provided  
   3.04.   Place and time for giving evidence (Act, s 167)  
   3.05.   Allowed inhabitants of the Protected Zone (Act, s 168(2))  
   3.06.   Persons not required to comply with s 166 of the Act (Act, s 168(3))  
   3.06A.  Designated foreign dignitaries  
   3.07.   Persons taken not to leave Australia (Act, s 80(c))  
   3.08.   Offence--failure to complete a passenger card  
   3.09.   Evidence of identity--domestic travel on overseas vessels  
   3.10.   Use of information  
   3.10A.  Access to movement records  
   3.11.   Production of deportee or removee  
   3.12.   Offences by master of vessel  

           Division 3.2--Information about passengers and crew on overseas vessels

   3.13.   Interpretation  
   3.13A.  Information about passengers and crew to be given before arrival and departure of certain aircraft and ships  
   3.13B.  Obligation to report on persons arriving on ships--reporting periods for journey from last port outside Australia  
   3.13C.  Report on departing person to relate to flight or voyage from the last place in Australia to a place outside Australia  
   3.13D.  Obligation to report on persons departing from Australia--deadline for providing report  
   3.14.   Information about overseas passengers to be given on arrival of inbound civilian vessel  
   3.15.   Medical certificate  
   3.16.   Information about overseas passengers--outbound civilian vessel  
   3.17.   Information about crew  

           Division 3.3--Examination, search and detention

   3.19.   Periods within which evidence to be shown to officer  
   3.20.   Information to be provided--authorised officers carrying out identification tests  
   3.21.   Procedure and requirements--identification test not carried out  

           Division 3.4--Identification of immigration detainees

   3.30.   Immigration detainees must provide personal identifiers  
   3.31.   Authorised officers must require and carry out identification tests  

   PART 4--REVIEW OF DECISIONS

           Division 4.1--Review of decisions other than decisions relating to protection visas

   4.01.   Interpretation  
   4.02.   Part 5-reviewable decisions and who may apply for review  
   4.10.   Time for lodgment of applications with Tribunal (Act, s 347)  
   4.11.   Giving the application to the Tribunal  
   4.12.   Combined applications for Tribunal review  
   4.13.   Tribunal review--fees and waiver  
   4.13A.  Annual increases in fees  
   4.13B.  Calculation of increase  
   4.14.   Refund of fees by Tribunal  
   4.15.   Tribunal's power to give directions  
   4.16.   Statement about decision under review  
   4.17.   Prescribed periods--invitation to comment or give additional information (Act, s 359B(2))  
   4.18.   Prescribed periods--invitation to comment or give additional information (Act, s 359B(3))  
   4.18A.  Prescribed periods--invitation to comment or give additional information (Act, s 359B(4))  
   4.18B.  Prescribed periods--invitation to comment or give additional information (Act, s 359B(5))  
   4.19.   Summons to attend before Tribunal  
   4.21.   Prescribed periods--notice to appear before Tribunal  
   4.23.   Expedited review (close family visit visas)  
   4.24.   Expedited review (decisions to cancel visas)  
   4.25.   Expedited review (certain applicants in immigration detention)  
   4.27.   Prescribed period for making certain decisions (Act, s 367)  
   4.27B.  Prescribed period for requesting written statement  

           Division 4.2--Review of Part 7-reviewable decisions

              Subdivision 4.2.1--Introductory

   4.28.   Interpretation  

              Subdivision 4.2.3--General

   4.31.   Time for lodgement of application with Tribunal  
   4.31AA. Giving application to the Tribunal  
   4.31A.  Combined applications for review by the Tribunal  
   4.31B.  Review by the Tribunal--fee and waiver  
   4.31BA. Annual increases in fees  
   4.31BB. Calculation of increase  
   4.31C.  Refund (or waiver) of fee for review by the Tribunal  
   4.33.   Powers of Tribunal  
   4.34.   Statement about decision under review--number of copies  
   4.34A.  Prescribed period for making certain decisions  
   4.35.   Prescribed periods--invitation to comment or give additional information  
   4.35A.  Prescribed periods--invitation to comment or give additional information (Act, s 424B(3))  
   4.35B.  Prescribed periods--invitation to comment or give additional information (Act, s 424B(4))  
   4.35C.  Prescribed periods--invitation to comment or give additional information (Act, s 424B(5))  
   4.35D.  Prescribed periods--notice to appear before Tribunal  
   4.35F.  Prescribed period for requesting written statement  
   4.36.   Duties, powers and functions of officers of Tribunal  

           Division 4.3--Service of documents

   4.39.   Address for service  

           Division 4.4--Review of protection visa decisions by the Immigration Assessment Authority

   4.41.   New information not required to be given to referred applicant  
   4.42.   Periods for giving information or comments  
   4.43.   Permissible directions on remittal  

   PART 5--MISCELLANEOUS

           Division 5.1--Service of documents

   5.01.   Definition for Division 5.1  
   5.02.   Service of document on person in immigration detention  

           Division 5.2--Procedure of commissioners and prescribed authorities

   5.04.   Power of Commissioner to send for witnesses and documents  
   5.05.   Duty of witness to continue in attendance  
   5.06.   Arrest of witness failing to appear  
   5.07.   Witnesses' fees  
   5.08.   Power to examine on oath or affirmation  
   5.09.   Offences by witnesses  
   5.10.   Statements of person not admissible in evidence against the person  
   5.11.   Representation by counsel etc  
   5.12.   Offences in relation to Commissioners  
   5.13.   Protection of Commissioners, barristers and witnesses  
   5.14.   Procedure of prescribed authorities  

           Division 5.3--General

   5.15.   Behaviour concern non-citizen  
   5.15A.  Special category visas--declared classes of New Zealand citizens  
   5.15C.  Excised offshore places  
   5.16.   Prescribed diseases--health concern non-citizen (Act, s 5(1))  
   5.17.   Prescribed evidence of English language proficiency (Act, s 5(2)(b))  
   5.18.   Prescribed laws relating to control of fishing  
   5.19.   Approval of nominated positions--Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa  
   5.19A.  Designated investment  
   5.19B.  Complying investment  
   5.19C.  Complying significant investment  
   5.19D.  Complying premium investment  
   5.19E.  Complying entrepreneur activity  

           Division 5.3A--Offences and civil penalties in relation to work by non-citizens

   5.19G.  Allowing an unlawful non-citizen to work  
   5.19H.  Allowing a lawful non-citizen to work in breach of a work-related condition  
   5.19J.  Referring an unlawful non-citizen for work  
   5.19K.  Referring a lawful non-citizen for work in breach of a work-related condition  

           Division 5.3B--Offences and civil penalties in relation to sponsored visas

   5.19L.  Classes of sponsor  
   5.19M.  Kinds of sponsored visa  
   5.19N.  Sponsorship-related events  

           Division 5.4--Infringement notice penalties

   5.20.   Offences  
   5.20A.  Civil penalty provisions  

           Division 5.5--Infringement notices

   5.21.   Interpretation  
   5.22.   When can an infringement notice be served?  
   5.23.   What must an infringement notice contain?  
   5.24.   Can the time for payment be extended?  
   5.25.   What happens if the infringement notice penalty is paid?  
   5.26.   Can an infringement notice be withdrawn?  
   5.27.   Refund of infringement notice penalty if notice withdrawn  
   5.28.   Evidence  
   5.29.   Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision?  
   5.30.   What if payment is made by cheque?  
   5.31.   Infringement notice not compulsory  

           Division 5.6--Miscellaneous

   5.32.   Search warrants (Act, ss 223(14) and 251(4))  
   5.32A.  Work performed by unlawful non-citizen in detention centre  
   5.33.   Document for purposes of s 274(3)(a) of Act  
   5.34.   Application of Chapter 2 of the Criminal Code  
   5.34D.  Disclosure of information to prescribed bodies  
   5.34E.  Disclosure of information to prescribed international organisations  
   5.34F.  Disclosure of information to police and Australian Crime Commission  
   5.35.   Medical treatment of persons in detention under the Act  
   5.35AA. Decisions that are not privative clause decisions  
   5.35AB. Tax file numbers  

           Division 5.6A--Powers under an agreement or arrangement with a foreign country

   5.35A.  Definitions  
   5.35B.  Exercise of power to restrain an individual  
   5.35C.  Exercise of power to search an individual  
   5.35D.  Protection of persons when acts done in good faith  
   5.35E.  Powers when boarding certain foreign ships (Act s 245F(14))  
   5.35F.  Powers when boarding certain foreign ships on the high seas (Act s 245G(4))  

           Division 5.7--Charges and fees

   5.36.   Payment of visa application charges, and fees, in foreign currencies  
   5.37.   Employer nomination fee  
   5.37A.  Refund of employer nomination fee and nomination training contribution charge  
   5.38.   Sponsorship fee  
   5.40.   Fees for assessment of a person's work qualifications and experience etc  
   5.41.   Fee for further opinion of Medical Officer of the Commonwealth in merits review  
   5.41A.  Credit card surcharge  
   5.41B.  PayPal surcharge  
   5.41C.  Fees for performing functions relating to certain international travellers using gateway airports  

           Division 5.7A--Nomination training contribution charge

   5.42.   Nominations that attract nomination training contribution charge  

           Division 5.8--Multiple parties in migration litigation

   5.43.   Meaning of family (Act s 486B)  
   5.44.   Prescription of other persons (Act s 486B)  

           Division 5.8A--Review of these Regulations

   5.44A.   Review of these Regulations  

           Division 5.9--Transitional arrangements

   5.45.   Operation of Schedule 13  
           SCHEDULE 1 Classes of visa
           SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas
           SCHEDULE 3 Additional criteria applicable to unlawful non-citizens and certain bridging visa holders
           SCHEDULE 4 Public interest criteria and related provisions
           SCHEDULE 5 Special return criteria
           SCHEDULE 6D General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)
           SCHEDULE 7A Business innovation and investment points test--attributes and points (Business Skills (Provisional) (Class EB) visas)
           SCHEDULE 8 Visa conditions
           SCHEDULE 9 Special entry and clearance arrangements
           SCHEDULE 10 Prescribed forms
           SCHEDULE 13 Transitional arrangements