Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIn these Regulations, unless the contrary intention appears:
2 year study requirement has the meaning given by regulation 1.15F.
"ACCESS test" means the Australian Assessment of Communicative English Skills test.
"adoption" has the meaning set out in regulation 1.04.
Note adopt and adopted have corresponding meanings: see Acts Interpretation Act 1901 , section 18A.
"adoption compliance certificate" means an adoption compliance certificate within the meaning of the Family Law (Bilateral Arrangements -- Intercountry Adoption) Regulations 1998 or the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 .
"Adoption Convention" means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.
Note The text of the Adoption Convention is set out in Schedule 1 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 .
"Adoption Convention country" means a country that is a Convention country under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 .
"aged dependent relative" , in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means a relative who:
(a) has never married, or is widowed, divorced or formally separated from his or her spouse; and
(b) has been dependent on that person for a reasonable period, and remains so dependent; and
(c) is old enough to be granted an age pension under the Social Security Act 1991 .
"aged parent" means a parent who is old enough to be granted an age pension under the Social Security Act 1991 .
"aircraft safety inspector" means a person who:
(a) is employed by a foreign government to inspect the safety procedures of international air carriers or the safety of aircraft; and
(b) travels to Australia on an aircraft in the course of that employment; and
(c) will depart Australia on an aircraft in the course of that employment or as a passenger.
(a) a person who:
(i) is employed by an international air carrier as an aircrew member; and
(ii) travels to Australia in the course of his or her employment as a member of the crew of an aircraft; and
(iii) will depart Australia in the course of his or her employment as a member of the crew of, or a passenger on, an aircraft; or
(b) an aircraft safety inspector.
"airline positioning crew member" means a person who:
(a) is employed by an international air carrier as an aircrew member; and
(b) travels to Australia in the course of his or her employment as a passenger on an aircraft; and
(c) will depart Australia as a member of the crew of an aircraft.
"APEC" means Asia-Pacific Economic Co-operation.
"APEC economy" means each of the following:
(a) Australia;
(b) Brunei Darussalam;
(c) Canada;
(d) Chile;
(e) PRC;
(f) Hong Kong;
(g) Indonesia;
(h) Japan;
(i) the Republic of Korea;
(j) Malaysia;
(k) Mexico;
(l) New Zealand;
(m) Papua New Guinea;
(n) Peru;
(o) the Republic of the Philippines;
(p) the Russian Federation;
(q) Singapore;
(r) Taiwan;
(s) Thailand;
(t) the United States of America;
(u) Vietnam.
"appropriate regional authority" , in relation to a State or Territory and applications for visas of a particular class, means a Department or authority of that State or Territory that is specified by Gazette Notice, for the purposes of these Regulations, in relation to the grant of visas of that class.
"approved appointment" means a nominated position that is approved under subregulation 5.19 (1B).
"approved form" means a form approved by the Minister under section 495 of the Act or regulation 1.18, and a reference to an approved form by number is a reference to the form so approved and numbered.
approved professional development sponsor means an organisation that has been approved as a professional development sponsor under subsection 140E (1) of the Act and on the terms specified in regulation 1.20O.
approved special student sponsor means a person or an organisation that has been approved as a special student sponsor under regulation 1.20UD.
"Asia-Pacific forces member" means a person who:
(a) is a member of the armed forces of Brunei, Fiji, Malaysia, Thailand or Tonga; and
(b) is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c) holds military identity documents and movement orders issued from an official source of the relevant country.
"assessment level" , in relation to a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, means the level of assessment (being level 1, 2, 3, 4 or 5) specified under Division 1.8 for a kind of eligible passport, within the meaning of regulation 1.40, and for an education sector.
"assurance of support" , in relation to an application for the grant of a visa, means:
(a) for an assurance of support accepted by the Minister before 1 July 2004 -- an assurance of support under Division 2.7; and
(b) in any other case -- an assurance of support under Chapter 2C of the Social Security Act 1991 .
"AUD" , in relation to an amount of money, means Australian dollars.
"AusAID" means the Australian Agency for International Development within Foreign Affairs.
"AusAID Minister" means the Minister responsible for administering AusAID.
AusAID recipient has the meaning given by subregulation 1.04A (2).
"AusAID student" has the meaning given by subregulation 1.04A (3).
"Australian child order" has the meaning given by subsection 70L (1) of the Family Law Act 1975 .
Note Subsection 70L (1) of the Family Law Act 1975 provides that an Australian child order means:
(a) a residence order, a contact order or a care order; or
(b) a State child order within the meaning of section 70B of that Act.
"Australian permanent resident" means:
(a) in relation to an applicant for a Return (Residence) (Class BB) visa or a Resident Return (Temporary) (Class TP) visa -- a non‑citizen who is the holder of a permanent visa; or
(b) in any other case (other than in the case of an applicant for registration as a migration agent under Part 3 of the Act) -- a non‑citizen who, being usually resident in Australia, is the holder of a permanent visa.
Note For paragraph 294 (1) (b) of the Act, regulation 6C of the Migration Agents Regulations 1998 specifies the persons who are Australian permanent residents for the purposes of an applicant for registration as a migration agent under Part 3 of the Act.
Australian Standard Classification of Occupations means the standard published by the Australian Bureau of Statistics on 31 July 1997.
Note At the time that this regulation commenced, the standard could be found at the website address: http://www.abs.gov.au .
"authorised officer" means an officer authorised by the Secretary for the purposes of the provision in which it occurs.
"award course" means a course of education or training leading to:
(a) the completion of a primary or secondary education program; or
(b) a degree, diploma, trade certificate or other formal award.
"balance of family test" has the meaning set out in regulation 1.05.
"bilateral adoption arrangement" means an arrangement between Australia and another country that allows the adoption of a child from the other country to be recognised in Australia under the Family Law (Bilateral Arrangements -- Intercountry Adoption) Regulations 1998 .
"bogus document" has the same meaning as in section 97 of the Act.
Note The definition is:
bogus document , in relation to a person, means a document that the Minister reasonably suspects is a document that:
(a) purports to have been, but was not, issued in respect of the person; or
(b) is counterfeit or has been altered by a person who does not have authority to do so; or
(c) was obtained because of a false or misleading statement, whether or not made knowingly.
"business skills points test" means the test set out in Schedule 7.
"carer" has the meaning given by regulation 1.15AA.
"category A course" , in relation to the holder of a visa or entry permit granted before 1 September 1994, means a course of education or training that:
(a) is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students Act 2000 , of that course in the State or Territory in which that person is undertaking, or proposes to undertake, it; and
(b) is either:
(i) a course of primary or secondary education; or
(ii) a post‑secondary course (having as an entry requirement the successful completion of Year 12 studies or the equivalent) leading to the award of a degree, diploma (including an associate diploma and a graduate diploma) or graduate certificate or to an equivalent award.
"category A student" means a student who, immediately before 1 September 1994, held a Class 560 (student (category A)) entry permit granted under the Migration (1993) Regulations or a student (Category A) (code number 560) entry permit granted under the Migration (1989) Regulations.
"category B course" , in relation to the holder of a visa or entry permit granted before 1 September 1994, means a course of education or training that:
(a) is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students Act 2000 , of that course in the State or Territory in which that person is undertaking, or proposes to undertake, it; and
(b) is not a category A course.
"category B student" means a student who, immediately before 1 September 1994, held a Class 561 (student (category B)) entry permit granted under the Migration (1993) Regulations or a student (category B) (code number 561) entry permit under the Migration (1989) Regulations.
"certificate of enrolment" , means a paper copy, sent by an education provider to an applicant for a student visa, of an electronic confirmation of enrolment relating to the applicant.
"clearance officer" has the meaning given by section 165 of the Act.
Note the definition is:
clearance officer means an officer, or other person, authorised by the Minister to perform duties for the purposes of [Division 5 of Part 2 of the Act].
"client number" means a client identification number generated by Immigration's electronic system known as the Integrated Client Services Environment.
"close relative" , in relation to a person, means:
(a) the spouse of the person; or
(b) a child, adopted child, parent, brother or sister of the person; or
(c) a step‑child, step‑parent, step‑brother or step‑sister of the person.
"Commissioner" means a Commissioner appointed under section 203 of the Act.
"Commonwealth country" means each of the following countries:
(a) Antigua;
(b) Bahamas;
(c) Barbados;
(d) Belize;
(e) Canada;
(f) Grenada;
(g) Jamaica;
(h) Mauritius;
(j) New Zealand;
(k) Papua New Guinea;
(l) Saint Lucia;
(m) Saint Vincent and the Grenadines;
(n) Solomon Islands;
(p) St Christopher and Nevis;
(q) Tuvalu;
(r) the United Kingdom of Great Britain and Northern Ireland.
"Commonwealth forces member" means a person who:
(a) is a member of the armed forces of a Commonwealth country; and
(b) is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c) holds military identity documents and movement orders issued from an official source of the relevant country.
"Commonwealth Medical Officer" means a medical practitioner employed or engaged by the Australian government.
"community services" includes the provision of an Australian social security benefit, allowance or pension.
"compelling need to work" has the meaning set out in regulation 1.08.
"competent authority" , in relation to an adoption (including a prospective adoption), means:
(a) for Australia:
(i) in the case of an adoption to which the Adoption Convention applies -- a State Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 ; and
(ii) in the case of an adoption to which a bilateral adoption arrangement applies -- a competent authority within the meaning of the Family Law (Bilateral Arrangements -- Intercountry Adoption) Regulations 1998 ; and
(iii) in any other case -- the child welfare authorities of an Australian State or Territory; and
(b) for an Adoption Convention country -- a Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 ; and
(c) for a prescribed overseas jurisdiction within the meaning of the Family Law (Bilateral Arrangements -- Intercountry Adoption) Regulations 1998 -- a competent authority within the meaning of those regulations; and
(d) for any other overseas country -- a person, body or office in that overseas country responsible for approving the adoption of children.
"competent English" has the meaning given by regulation 1.15C.
"concessional competent English" has the meaning given by regulation 1.15E.
"condition" means a condition set out in a clause of Schedule 8, and a reference to a condition by number is a reference to the condition set out in the clause so numbered in that Schedule.
"contact hours" , for a course for a period, means the total number of hours in the period for which students enrolled in the course are scheduled to attend classes for teaching purposes, course-related information sessions, supervised study sessions and examinations.
contributory parent newborn child means:
(a) a natural child of a parent, born at a time when that parent holds:
(i) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii) a bridging visa if the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) a natural child of a parent, born at a time when that parent holds:
(i) a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(ii) a bridging visa if the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
"criminal detention" has the meaning set out in regulation 1.09.
"custody" , in relation to a child, means:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.
"Defence" means the Department of Defence.
"Defence Minister" means the Minister for Defence.
"Defence student" has the meaning given in regulation 1.04B.
"dependent" has the meaning given by regulation 1.05A.
"dependent child" means the natural or adopted child, or step-child, of a person (other than a child who has a spouse or is engaged to be married), being a child who:
(a) has not turned 18; or
(b) has turned 18 and:
(i) is dependent on that person; or
(ii) is incapacitated for work due to the total or partial loss of the child's bodily or mental functions.
"designated APEC economy" means an APEC economy specified by Gazette Notice for the purposes of this definition.
designated foreign dignitary means a person to whom subregulation 3.06A (1) or (5) applies.
"designated language" means a language that is specified by Gazette Notice as a designated language.
"designated security" means an investment in a security specified under regulation 2.26C.
"Education" means the Department of Education, Science and Training.
"Education Minister" means the Minister for Education, Science and Training.
"education provider" , for a registered course in a State or Territory, means each institution, body or person that is a registered provider of the course in that State or Territory, for the Education Services for Overseas Students Act 2000 .
"education sector" , in relation to a student visa, means whichever of the following sectors of the Australian education system corresponds to a particular subclass of student visa:
(a) Independent ELICOS sector;
(b) Schools sector;
(c) Vocational Education and Training sector;
(d) Higher Education sector;
(e) Postgraduate Research sector;
(f) Non‑Award sector;
electronic communication has the same meaning as in the Electronic Transactions Act 1999 .
"electronic confirmation of enrolment" , in relation to an applicant for a student visa, means confirmation that:
(a) states that the applicant is enrolled in a registered course; and
(b) is sent by an education provider, through a computer system under the control of the Education Minister, to:
(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii) an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for a student visa; or
(iii) any office of Immigration in Australia.
"ELICOS" means an English Language Intensive Course for Overseas Students that is a registered course.
"eligible business" has the meaning given to it in subsection 134 (10) of the Act.
eligible New Zealand citizen means a New Zealand citizen who:
(a) at the time of his or her last entry to Australia, would have satisfied public interest criteria 4001 to 4004 and 4007 to 4009; and
(b) either:
(i) was in Australia on 26 February 2001 as the holder of a Subclass 444 (Special Category) visa that was in force on that date; or
(ii) was in Australia as the holder of a Subclass 444 visa
for a period of, or periods that total, not less than
1 year in the period of
2 years immediately before 26 February 2001; or
(iii) has a certificate, issued under the Social Security Act 1991 , that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date.
eligible student visa means a student visa other than:
(a) a Subclass 560 (Student) visa granted to:
(i) the applicant as a person who satisfied the primary criteria for that visa (the primary person ) in relation to undertaking:
(A) a registered English language course or an ELICOS; or
(B) a course of study:
(I) paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; and
(II) for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course; or
(C) a full‑time course of study or training under a scholarship scheme or training program:
(I) approved by the AusAID Minister or the Defence Minister; and
(II) for which it is a condition of that scheme or program that the student will leave Australia on the completion of the course; or
(D) a non‑award course; or
(ii) the applicant as a member of the family unit of the primary person; or
(b) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependent), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Postgraduate Research Sector) visa granted to:
(i) the applicant as a person who satisfied the primary criteria for the visa in relation to undertaking a course mentioned in sub‑subparagraph (a) (i) (B) or (C) (the primary person ); or
(ii) the applicant as a member of the family unit of the primary person; or
(c) a Subclass 570 (Independent ELICOS Sector) visa; or
(d) a Subclass 571 (Schools Sector) visa; or
(e) a Subclass 575 (Non‑Award Sector) visa; or
(f) a Subclass 576 (AusAID or Defence Sector) visa.
"Employment Minister" means the Minister for Employment and Workplace Relations.
"entry permit" has the meaning given by subsection 4 (1) of the Act as in force immediately before 1 September 1994, and includes an entry visa operating as an entry permit.
"entry visa" has the meaning given by subsections 4 (1) and 17 (5) of the Act as in force immediately before 1 September 1994.
"ETA-eligible passport" has the meaning given in regulation 1.11B.
"fiscal year" , in relation to a business or investment, means:
(a) if there is applicable to the business or investment by law an accounting period of 12 months -- that period; or
(b) in any other case -- a period of 12 months approved by the Minister in writing for that business or investment.
"Foreign Affairs" means the Department of Foreign Affairs and Trade.
"foreign armed forces dependant" means a person who:
(a) is the spouse of, or a dependent relative of:
(i) an Asia‑Pacific forces member; or
(ii) a Commonwealth forces member; or
(iii) a SOFA forces member; or
(iv) a SOFA forces civilian component member; and
(b) holds a valid national passport and a certificate that he or she is the spouse, or a dependent relative, of a person referred to in subparagraph (a) (i), (ii), (iii) or (iv); and
(c) is accompanying or joining a person of that kind.
Note Under section 10 of the Australian Citizenship Act 1948 , a child born in Australia on or after 26 January 1949 but before 20 August 1986 acquired Australian citizenship by birth. A child born in Australia on or after 20 August 1986 acquired Australian citizenship by birth only if one or both of the parents was an Australian citizen or Australian permanent resident. For details see s. 10 of that Act.
"Foreign Minister" means the Minister for Foreign Affairs.
"foreign naval forces member" means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship.
"formal course" , in relation to the holder of a visa or entry permit granted before 1 February 1991, means:
(a) a course of study at a primary or secondary school approved, or within a class of schools approved, by the Education Minister in writing for the purposes of the definition of formal course in subregulation 2 (1) of the Migration (1989) Regulations; or
(b) a course of study approved in writing by the Education Minister as a formal course for the purposes of that definition; or
(c) a course of study at a technical and further education institution, or at a higher education institution, leading to a formal award such as a degree or diploma.
(a) a notice in the Gazette by the Minister that is authorised by the Act; or
(b) a notice under regulation 1.17.
"General Skilled Migration visa" means a Subclass 175, 176, 475, 476, 485, 487, 885, 886 or 887 visa, granted at any time.
"guardian" , in relation to a child, means a person who:
(a) has responsibility for the long‑term welfare of the child; and
(b) has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
(i) the right to have the daily care and control of the child; and
(ii) the right and responsibility to make decisions concerning the daily care and control of the child.
(a) an official guest of the Australian government; or
(b) a member of the immediate family of the official guest of the Australian Government, who is accompanying the official guest.
"home country" , in relation to a person, means:
(a) the country of which the person is a citizen; or
(b) if the person is not usually resident in that country, the country of which the person is usually a resident.
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
IASS agreement means an agreement mentioned in regulation 1.16B.
"IELTS test" means the International English Language Testing System test.
"Immigration" means the Department of Immigration and Multicultural and Indigenous Affairs.
"Industry Minister" means the Minister for Industry, Tourism and Resources.
"interdependent partner" means a non-citizen who is in an interdependent relationship.
"interdependent relationship" has the meaning given by regulation 1.09A.
"international air carrier" has the meaning given by subsection 504 (6) of the Act.
"Internet application" means an application for a visa made using a form mentioned in paragraph 1.18 (2) (b) that is sent to Immigration by electronic transmission using a facility made available at an Internet site mentioned in subparagraph 1.18 (2) (b) (ii), in a way authorised by that facility.
"in Australia" means in the migration zone.
(a) a formal agreement entered into between the Minister, or the Employment Minister, and a person or organisation in Australia under which an employer is authorised to recruit persons (other than the holders of permanent visas) to be employed by that employer in Australia; or
(b) a formal agreement entered into between the Minister and
a sporting organisation under which the sporting organisation is authorised to
recruit persons (other than
the holders of permanent visas) to take part in
the
sporting activities of the sporting organisation, whether as employees or
otherwise.
"labour market requirements" has the meaning set out in regulation 1.10.
"long-term interdependent relationship" , in relation to an applicant for a visa, means an interdependent relationship between the applicant and another person that has continued for not less than 5 years.
"long-term spouse relationship" , in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse of the other, that has continued:
(a) if there is a dependent child (other than a step‑child) of both the applicant and the other person -- for not less than 2 years; or
(b) in any other case -- for not less than 5 years.
"Macau" means the Macau Special Administrative Region of the People's Republic of China.
"main business" has the meaning set out in regulation 1.11.
"marital relationship" includes a de facto relationship.
"Medical Officer of the Commonwealth" means a medical practitioner appointed by the Minister in writing under regulation 1.16AA to be a Medical Officer of the Commonwealth for the purposes of these Regulations.
"member of the crew" , in relation to a non-military ship:
(a) means any of the following persons:
(i) a person who is involved in the usual day to day routine maintenance or business of the ship while it is at sea, including a supernumerary member of the crew;
(ii) for a ship described in paragraph (b) of the definition of non‑military ship -- a person who is engaged in scientific research conducted on or from the ship;
whether the person works as an employee, a contractor or in another capacity; but
(b) does not include a person who only works on a ship while it is in port or dry dock unless that person:
(i) travelled with the ship to reach the port or dry dock; or
(ii) travels with the ship after completing the work in port or dry dock.
"member of the family unit" has the meaning set out in regulation 1.12.
"member of the immediate family" has the meaning given by regulation 1.12AA.
"member of the Royal Family" means a member of the Queen's immediate family.
"member of the Royal party" includes:
(a) a member of the personal staff of the Queen who is accompanying Her Majesty in Australia; and
(b) a member of the personal staff of a member of the Royal Family, being a staff member who is accompanying that member of the Royal Family in Australia; and
(c) a media representative accompanying the official party of the Queen or of a member of the Royal Family in Australia; and
(d) a person who is accompanying the Queen or a member of the Royal Family in Australia as a member of the official party of the Queen or the member of the Royal Family.
Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended from time to time.
Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended from time to time.
Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 367 and those Regulations as amended from time to time.
Note The Migration (1993) Regulations are listed in full in Part 1 of the Schedule to the Migration Reform (Transitional Provisions) Regulations. They are repealed by regulation 42 of those Regulations but continue to apply to certain matters.
"migration occupation in demand" means a skilled occupation that is specified by an instrument in writing for this definition as a migration occupation in demand.
"net employment benefit" has the meaning given by regulation 1.12A.
"nominator" has the meaning given by regulation 1.13.
"non-award course" means a course of education or training that is not an award course.
"non-formal course" , in relation to the holder of a visa or entry permit granted before 1 February 1991, means a course of study or training other than a formal course.
"non-formal course student" , in relation to a visa or entry permit granted before 1 February 1991, means a person granted entry to Australia to attend a full-time non-formal course of study.
(a) means a ship that:
(i) is engaged in:
(A) commercial trade; or
(B) the carriage of passengers for reward; or
(ii) is owned and operated by a foreign government for the purposes of scientific research; or
(iii) has been accorded public vessel status by Foreign Affairs; but
(b) does not include a ship that has been:
(i) imported in accordance with section 49A of the Customs Act 1901 ; or
(ii) entered for home consumption in accordance with section 71A of that Act.
"occupational trainee" means a person who is in Australia as the holder of a Subclass 442 (Occupational Trainee) visa.
"Occupational English Test" means an Occupational English Test conducted by the National Language and Literacy Institute of Australia.
"Occupations Requiring English List" means the list mentioned in regulation 1.19.
"oral application" , in relation to a visa, means an application made in accordance with regulation 2.09.
"orphan relative" has the meaning set out in regulation 1.14.
"outside Australia" means outside the migration zone.
(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage -- a passenger:
(i) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) whose journey in the vessel ends in Australia; or
(ii) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) intends to journey in the vessel to a place outside Australia; and
(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia -- a passenger on board the vessel who:
(i) joined the vessel at a port in Australia; and
(ii) intends to journey in the vessel to or beyond that place outside Australia.
Note Under the Act, vessel includes an aircraft, and port includes an airport.
"overseas voyage" , in relation to a vessel, means a voyage that commenced at, or during which the vessel called at, a place outside Australia.
"ownership interest" has the meaning given to it in subsection 134 (10) of the Act.
"parent" includes an adoptive parent and a step-parent.
"parent visa" means a visa of a class that is specified in Schedule 1 using the word 'parent' in the title of the visa.
"parole" means conditional release from prison before the completion of a sentence of imprisonment.
"passenger card" means a card of the kind referred to in section 506 of the Act.
"periodic detention" means a system of restriction of liberty by which periods at liberty alternate with periods in prison, and includes the systems of intermittent imprisonment known as day release and weekend release.
"permanent entry permit" means an entry permit that had effect without limitation as to time.
"permanent entry visa" means an entry visa that operated as, or was capable of operating as, a permanent entry permit.
"permanent humanitarian visa" means:
(a) a Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa; or
(b) a Group 1.3 or Group 1.5 (Permanent resident (refugee and humanitarian)) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c) a humanitarian visa, or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i) such a visa granted on the basis of an application for a visa, or entry permit, of a kind specified in paragraph (b) or (c); or
(ii) a visa or entry permit of a kind specified in paragraph (b) or (c) having effect under those Regulations as a transitional (permanent) visa.
person designated under regulation 2 . 07AO means a person mentioned in subregulation 2.07AO (2).
"points system" means the system of assessment under Subdivision B of Division 3 of Part 2 of the Act.
"PRC" means the People's Republic of China.
"prescribed form" means a form set out in Schedule 10, and a reference to a prescribed form by number is a reference to the form so numbered in that Schedule.
"proficient English" has the meaning given by regulation 1.15D.
"prohibited non-citizen" means a person who, on or before 18 December 1989, was a prohibited non-citizen within the meaning of the Act as in force at that time.
"proliferation of weapons of mass destruction" includes directly or indirectly assisting in the development, production, trafficking, acquisition or stockpiling of:
(a) weapons that may be capable of causing mass destruction; or
(b) missiles or other devices that may be capable of delivering such weapons.
"public interest criterion" means a criterion set out in a clause of Part 1 of Schedule 4, and a reference to a public interest criterion by number is a reference to the criterion set out in the clause so numbered in that Part.
"qualifying business" means an enterprise that:
(a) is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and
(b) is not operated primarily or substantially for the purpose of speculative or passive investment.
"registered course" means a course of education or training provided by an institution, body or person that is registered, under section 9 of the Education Services for Overseas Students Act 2000 , to provide the course to overseas students.
Note A current list of registered courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 10 of the Education Services for Overseas Students Act 2000 .
"relative" , in relation to a person, means:
(a) in the case of an applicant for a Subclass 200 (Refugee) visa or a Protection (Class XA) visa:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew; or
(iii) a first or second cousin; or
(b) in any other case:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew.
Note Close relative is defined in this regulation: see above.
"relevant assessing authority" means a person or body specified under regulation 2.26B.
"religious institution" means a religious institution (within the meaning of paragraph 23 (e) of the Income Tax Assessment Act 1936 ), the income of which is exempt from income tax under that paragraph.
"remaining relative" has the meaning set out in regulation 1.15.
(a) means the Migration Review Tribunal; and
(b) for Parts 010, 020, 030, 040, 041, 050 and 051 of Schedule 2 -- includes the Refugee Review Tribunal.
RHQ agreement means an agreement mentioned in regulation 1.16A and made before 1 November 2003.
Schedule 3 criterion means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
"school-age dependant" , in relation to a person, means a member of the family unit of the person who has turned 5, but has not turned 18.
secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by:
(a) the State or Territory education authority that administers the program; and
(b) the Education Minister.
"settled" , in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period.
"skilled occupation" means an occupation that is specified by the Minister in an instrument in writing for this definition as a skilled occupation for which a number of points specified in that instrument are available.
"SOFA forces civilian component member" means a person who:
(a) is, for the purposes of a Status of Forces Agreement between Australia and France, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the civilian component of the armed forces of one of those countries; and
(b) holds a national passport that is in force and a certificate that he or she is a member of the civilian component of the armed forces of the relevant country.
"SOFA forces member" means a person who:
(a) is, for the purposes of a Status of Forces Agreement between Australia and France, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the armed forces of one of those countries; and
(b) holds military identity documents and movement orders issued from an official source of the relevant country.
"special return criterion" means a criterion set out in a clause of Part 1 of Schedule 5, and a reference to a special return criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
"sponsor" has the meaning given by subregulation 1.20 (1).
"sponsorship" means an undertaking of the kind referred to in regulation 1.20 to sponsor an applicant.
"spouse" has the meaning set out in regulation 1.15A.
"step-child" , in relation to a parent, means:
(a) a child of the parent who is not the natural or adopted child of the parent but who is the natural or adopted child of the parent's current spouse; or
(b) a child of the parent who is not the natural or adopted child of the parent but:
(i) who is the natural or adopted child of a former spouse of the parent; and
(ii) who has not turned 18; and
(iii) in relation to whom the parent has:
(A) a residence order in force under the Family Law Act 1975 ; or
(B) a specific issues order in force under the Family Law Act 1975 under which the parent is responsible for the child's long‑term or day‑to‑day care, welfare and development; or
(C) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
"student visa" means a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa, whenever granted.
"subsidised student" means a student enrolled in a course of study in respect of which the student is subsidised under the Subsidised Overseas Student Program administered by Education.
substituted Subclass 676 visa means a Subclass 676 (Tourist) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 345, 351, 391, 417, 454 or 501J of the Act.
"suspended education provider" means an education provider for which a suspension certificate is in effect under Division 2 of Part 6 of the Education Services for Overseas Students Act 2000 .
"temporary entry permit" means an entry permit whose effect was subject to a limitation as to time.
"the Act" means the Migration Act 1958 .
"tourism" means participation in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel.
"trainee" , in the case of a visa or entry permit granted before 1 February 1991, means a person:
(a) in respect of whom the Education Minister has approved participation in occupational training in Australia; and
(b) who has been granted a visa or an entry permit to enable such participation.
"transit passenger" means a person who:
(a) enters Australia by aircraft; and
(b) holds a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of the person's arrival in Australia; and
(d) holds documentation necessary to enter the country of his or her destination.
"vocational English" has the meaning given in regulation 1.15B.
"work" means an activity that, in Australia, normally attracts remuneration.
(a) in the case of a female, under 60 years of age; and
(b) in the case of a male, under 65 years of age.
"working age parent" means a parent other than an aged parent.
Note 1 aged parent is defined in this regulation.
Note 2 foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.