MIGRATION REGULATIONS (AMENDMENT) 1990 NO. 1 MIGRATION REGULATIONS (AMENDMENT) 1990 NO. 1 - TABLE OF PROVISIONS 1. Commencement 2. Principal Regulations 3. Prescribed notification-paragraph 11E(3)(a) of the Act 4. 5. Prohibition against grant of entry permit 6. 7. 8. 9. 10. 11. Schedule 4 12. Schedule 7 13. Interpretation-good character 14. Effect and operation of visas 15. Prohibition against grant of entry permit 16. Repeal-regulation 35A 17. Prescribed change in circumstances-paragraphs 36(1)(a) and 37(2)(a) of the Act 18. 19. Grant of temporary entry permit (other than working holiday entry permit) to holder of visitor visa or visitor entry permit 20. Grant of visitor or student entry permit to holders of certain student visas or entry permits 21. Extended eligibility (family) entry permit 22. Extended eligibility (economic) entry permit 23. Compassionate grounds entry permit 24. Confirmatory entry permit 25. Prescribed diseases-subparagraph 20(1)(d)(i) of the Act 26. Infringement notice and prescribed penalty 27. Repeal-regulation 181 28. 29. 30. Schedule 3 31. Schedule 5 32. Schedule 8 33. Minor amendments SCHEDULE 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 1 Commencement 1. (1) Part 2 is to be taken to have commenced on 19 December 1989. (2) Part 1 in the Schedule to these Regulations is to be taken to have commenced on 20 December 1989. 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 2 Principal Regulations 2. In these Regulations, "Principal Regulations" means the Migration Regulations. 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 3 Prescribed notification-paragraph 11E(3)(a) of the Act 3. Regulation 14 of the Principal Regulations is amended by adding at the end the following subregulation: "(2) Subregulation (1) does not apply in relation to an exempt visa within the meaning of section 11E of the Act.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 4 4. After regulation 14 of the Principal Regulations the following regulation is inserted: Exempt visas "14A. For the purposes of subsection 11E(9) of the Act, the following classes of visas are prescribed, namely, all classes of visas other than: (a) concessional family visas; and (b) independent entrant visas.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 5 Prohibition against grant of entry permit 5. Regulation 25 of the Principal Regulations is amended by omitting from paragraph (1)(b) "an application" and substituting "a previous application". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 6 6. After regulation 35 of the Principal Regulations the following regulation is inserted: Grant of entry permit-illegal entrants "35AA. (1) The Minister may, subject to subregulation (2) and regulation 25, but in spite of any other provision of these Regulations, grant a temporary entry permit to a person who is an illegal entrant if: (a) in the case of a person who entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married: (i) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and (ii) the Minister is satisfied that the person: (A) has not departed from Australia since that entry; and (B) has developed close personal ties with Australia; or (b) in the case of a person who entered Australia before 19 December 1989, not being a person referred to in paragraph (a): (i) the person applies for the entry permit not later than 16 February 1990; and (ii) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and (iii) the Minister is satisfied that there are compelling reasons for granting the entry permit; or (c) in the case of a person who entered Australia on or after 19 December 1989; (i) the person applies for the entry permit: (A) where the person became an illegal entrant before 20 January 1990-not later than 16 February 1990; or (B) where the person became an illegal entrant on or after 20 January 1990-not later than 28 days after becoming an illegal entrant; and (ii) any entry visa or entry permit that expired was not granted subject to the condition that the holder would not be entitled to be granted an entry permit, or a further entry permit, as the case requires, while the holder remained in Australia; and (iii) the person satisfies the prescribed criteria in relation to the relevant class of entry permits (other than, if applicable, the prescribed criterion that the person is the holder of a valid temporary entry permit); and (iv) the Minister is satisfied: (A) that the person became an illegal entrant because of factors beyond his or her control; and (B) that there are compelling reasons for granting the entry permit; and (C) that the person complied substantially with any conditions subject to which any such entry visa or entry permit was granted (other than a condition of which the person was in breach solely because of the expiry of any entry visa or entry permit); and (D) that the person would have been entitled to be granted an entry permit of the class applied for if he or she had applied for such an entry permit immediately before becoming an illegal entrant; and (E) that the person intends to comply with any conditions subject to which the entry permit is granted. "(2) The Minister is not to grant an entry permit to a person under subregulation (1) on more than one occasion. "(3) This regulation ceases to be in force on 30 June 1990.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 7 7. Regulation 37A of the Principal Regulations is repealed and the following regulation substituted: "37A. For the purposes of subsections 11A (3A) and (4) of the Act respectively: (a) a visa granted as referred to in that subsection (3A) may be endorsed to represent a provision of section 11A of the Act specified in an item in Column 2 of Schedule 7 by the code (if any) specified in Column 3 of that item; and (b) an entry permit granted as referred to in that subsection (4) may be endorsed to represent a provision of section 11A of the Act so specified by the code specified in Column 4 of that item.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 8 8. Division 8 of Part 3 of the Principal Regulations is repealed and the following Division substituted: "Division 8-Prescribed qualifications:application of points system Prescribed qualifications and prescribed number of points "145. (1) For the purposes of subsections 11L(1) and 11X(2) of the Act, each qualification specified in Column 2 of an item in Schedule 4 is prescribed as a qualification in relation to an applicant for a visa or an entry permit, as the case may be. "(2) In relation to a prescribed qualification specified in Column 2 of an item in Schedule 4, the following number of points is prescribed, namely, the number of points specified in Column 3 of that item. "(3) For the purposes of section aaL(1) or 11X(2) of the Act, the Minister: (a) is not to give an applicant a prescribed number of points for more than one prescribed qualification in each Part in Schedule 4; and (b) is to give the applicant only the number of points applicable to the prescribed qualification that meets the applicant's circumstances and for which the prescribed number of points is the highest for any such prescribed qualification. Qualification-suitability for employment "146. For the purposes of sections 11L and 11X of the Act, and Schedule 5, the qualification specified in each of the following paragraphs is to be taken to be a qualification in relation to the suitability of a person for employment: (a) the applicant: (i) applies to enter Australia on the basis of an occupation: (A) that is the applicant's usual occupation; and (B) that is included in the priority list of occupations; and (C) for which, in Australia, a degree or trade certificate is required; and (D) in respect of which the applicant has a degree or trade certificate that meets Australian standards for the occupation, or experience assessed by the relevant Australian authorities to be equivalent to such a degree or trade certificate; and (ii) has qualifications or experience (or both) that meet any Australian licensing and registration requirements for that occupation; and (iii) has worked in that occupation, or a closely related occupation, for not less than 3 years immediately before the date of the application (unless some other period is specified by CTC or NOOSR); (b) the applicant possesses all the attributes in respect of the qualification under paragraph (a) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations; (c) the applicant: (i) possesses the attributes referred to in subparagraphs (a) (i) and (ii) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations; and (ii) has worked in that occupation, or a closely related occupation: (A) if a period of employment is specified by CTC or NOOSR for the purposes of this provision-at least for a shorter period immediately before the day of the application; or (B) if no such period is specified-for a period of less than 3 years immediately before the day of the application; (d) the applicant: (i) applies to enter Australia on the basis of an occupation: (A) which is the applicant's usual occupation; and (B) for which, in Australia, a diploma or an associate diploma is required; and (C) in respect of which the applicant has a diploma or an associate diploma that meets Australian standards, or experience assessed by the relevant Australian authorities to be equivalent to such a diploma or associate diploma; and (ii) possesses, in relation to the relevant occupation, the attributes referred to in subparagraphs (a) (ii) and (iii); (e) the applicant: (i) possesses the attributes referred to in subparagraphs (a)(ii) and (d)(i); and (ii) has worked in that occupation, or in a closely related occupation: (A) if a period is specified by CTC or NOOSR for the purposes of this provision-at least for a shorter period immediately before the day of the application; or (B) if no such period is specified-for a period of less than 3 years immediately before the day of the application; (f) the applicant: (i) applies to enter Australia on the basis of an occupation which is the applicant's usual occupation, being an occupation: (A) for which, in Australia, a degree, diploma or trade certificate is required; and (B) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and (C) in respect of which the degree, diploma or trade certificate possessed by the applicant could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months; (ii) possesses, in relation to such an occupation, the attributes referred to in subparagraph (a)(iii); (g) the applicant: (i) applies to enter Australia: (A) on the basis of an occupation which is the applicant's usual occupation; and (B) as a person who has educational qualifications equivalent to completion of secondary education in Australia and in addition qualifications at a higher level; (ii) has an occupation: (A) which is the applicant's usual occupation; and (B) for which, in Australia, a degree, trade certificate, diploma or associate diploma is required; and (C) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and (D) in respect of which the applicant's qualifications could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months; and (E) has worked in that occupation, or in a closely related occupation: (a) if a period is specified by CTC or NOOSR for the purposes of this provision-at least for a shorter period immediately before the day of the application; or (b) if no such period is specified-for a period of less than 3 years immediately before the day of the application; (h) the applicant has an occupation which is the applicant's usual occupation and has educational qualifications equivalent to 6 years of secondary education in Australia; (i) the applicant has an occupation which is the applicant's usual occupation and has educational qualifications equivalent to 4 years of secondary education in Australia. Qualification-relationship "147. (1) For the purposes of sections 11L and 11X of the Act, and Schedule 4, the qualification specified in each of the following paragraphs is to be taken to be a qualification in respect of the relationship between an applicant and a person sponsoring the applicant in relation to the relevant application: (a) the sponsor is a son or daughter, an adopted son or adopted daughter or a stepson or stepdaughter of the applicant; (b) the sponsor is a brother or sister, an adoptive brother or sister, a stepbrother or stepsister, a parent, an adoptive parent or a stepparent of the applicant; (c) the sponsor is an aunt or uncle, an adoptive aunt or uncle or a step-aunt or step-uncle of the applicant. "(2) In this regulation: (a) a reference to adoption is a reference to an adoption occurring before the person adopted turned 18; and (b) a reference to a step-relationship is a reference to such a relationship where the applicant and the relevant step-relative of the applicant have been members of the same family unit for a reasonable period and are members of the same family unit at the time of the relevant application.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 9 9. Regulations 178, 179 and 180 of the Principal Regulations are repealed and the following regulations substituted: Prescribed procedures-subsection 17A(2) of the Act "178. For the purposes of subsection 17A(2) of the Act, the following procedures are prescribed to be followed by the Minister in relation to a person referred to in that subsection: (a) to ascertain whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum; (b) to verify with the person personally whether he or she has applied to be granted refugee status or territorial asylum; (c) to ascertain whether the person: (i) is an applicant for an entry permit; or (ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit; (d) to verify that the person has not notified the Minister that the person is subject to a court order that is in force affecting the Minister's exercise of the power to order the deportation of the person; (c) to verify that 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires. Prescribed matters-subsections 18(1) and 31A(1) of the Act "179. For the purposes of subsections 18(1) and 31A(1) of the Act respectively, the following matters are prescribed to be considered by the Minister in relation to a person referred to in whichever of those subsections is applicable: (a) whether the person is an illegal entrant; (b) whether the person has been notified in accordance with these Regulations of the Minister's intention to exercise the power: (i) to order the deportation of the person; or (ii) to require the person to leave Australia; as the case requires; (c) whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum; (d) whether the person: (i) is an applicant for an entry permit; or (ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit; (e) whether the person is subject to a court order that is in force affecting the Minister's exercise of the relevant power referred to in paragraph (b); (f) whether 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires. Prescribed matters-subsection 20(1) of the Act "180. For the purposes of subsection 20(1) of the Act, the following matters are prescribed to be considered by the Minister in relation to a person referred to in that subsection: (a) whether there has been a prescribed change in the person's circumstances referred to in paragraph 11S(1)(a) or 11T(2)(a) of the Act; (b) whether the person has been granted refugee status or territorial asylum; (c) whether: (i) the person has proposed to the Minister in writing to be permitted to leave Australia under supervision and that proposal has been accepted by the Minister; or (ii) revocation of the order for the deportation of the person has been recommended by the Administrative Appeals Tribunal and that recommendation has been accepted by the Minister.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 10 10. Regulation 193 of the Principal Regulations is repealed and the following regulation substituted: Fee for language test "193. A fee of $60 is payable in respect of the undertaking of an English language test conducted: (a) by the Department otherwise than on behalf of another Department; or (b) by another Depart,ment on behalf of the Department; whether or not in connection with an application for a visa or an entry permit.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 11 Schedule 4 11. Schedule 4 to the Principal Regulations is repealed and the following Schedule substituted: SCHEDULE 4 Regulation 145 PRESCRIBED QUALIFICATIONS AND PRESCRIBED NUMBER OF POINTS ------------------------------------------------------------------------ Column 1 Column 2 Column 3 Number Item No. Prescribed qualification of points ------------------------------------------------------------------------ PART 1-EMPLOYMENT QUALIFICATION 1 qualification specified in paragraph 146(a) 75 2 qualification specified in paragraph 146(b) 70 3 qualification specified in paragraph 146(c) 60 4 qualification specified in paragraph 146(d) 45 5 qualification specified in paragraph 146(e) 40 6 qualification specified in paragraph 146(f) 35 7 qualification specified in paragraph 146(g) 30 8 qualification specified in paragraph 146(h) 20 9 qualification specified in paragraph 146(i) 10 PART 2-AGE QUALIFICATION 10 age not less than 18 years and under 25 years at time of application 25 11 age not less than 25 years and under 30 years at time of application 20 12 age not less than 30 years and under 35 years at time of application 15 13 age not less than 35 years and under 40 years at time of application 10 14 age not less than 40 years and under 45 years at time of application 5 PART 3-LANGUAGE SKILL QUALIFICATION 15 ability to speak English in any situation, and to write English in any context 15 16 ability to conduct everyday conversations in English, to write personal letters and non-technical reports in English and to complete general forms in English 10 17 ability to speak and write, at the level referred to in item 16 in relation to English, in 2 languages other than English 5 18 ability to ask and answer simple questions in English, write simple statements in English about everyday matters and complete simple forms in English 5 PART 4-RELATIONSHIP QUALIFICATION 19 the qualification specified in paragraph 147(1)(a) 15 20 the qualification specified in paragraph 147(1)(b) 10 21 the qualification specified in paragraph 147(1)(c) 5 PART 5-CITIZENSHIP QUALIFICATION 22 sponsor has been an Australian citizen for not less than 5 years at the time of entering into the relevant sponsorship 10 23 sponsor has been an Australian citizen for less than 5 years at time of entering into the relevant sponsorship 5 PART 6-SETTLEMENT QUALIFICATION 24 sponsor has been resident in Australia throughout the period of 2 years immediately before entering into the relevant sponsorship and: (a) if not in paid employment-spouse has not been in receipt of Unemployment Benefit or Special Benefit for more than 4 weeks during that period; or (b) if in paid employment or otherwise financially independent-has not been in receipt of Unemployment Benefit or Special Benefit for more than 4 weeks during that period 10 PART 7-LOCATION QUALIFICATION 25 sponsor has been resident in a place in a State or Territory designated by the competent authorities of the State or Territory for the purposes of this provision throughout the period of 2 years immediately before entering into the relevant sponsorship 5 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 12 Schedule 7 12. Schedule 7 to the Principal Regulations is repealed and the following Schedule substituted: SCHEDULE 7 Regulation 37A ENDORSEMENT OF VISAS AND ENTRY PERMITS FOR PURPOSES OF SUBREGONS 11A(3A) AND (4) OF THE ACT-CODES OR ABBREVIATIONS ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Column 4 Code to be Code to be endorsed on endorsed on Item No. Relevant provision of section 11A visas entry permits ------------------------------------------------------------------------------ - 1 Paragraph (1)(a) - 06 2 Sub-subparagraph (1)(b)(i)(A) - 05 3 Sub-subparagraph (1)(b)(i)(B) - 05 4 Subparagraph (1)(b)(ii) - 04 5 Subparagraph (1)(c)(i) - 05 6 Subparagraph (1)(c)(ii) - 04 7 Subparagraph (1)(d)(i) 03 03 8 Subparagraph (1)(d)(ii) 01 01 9 Subparagraph (1)(d)(iii) 01 01 10 Sub-subparagraph (1)(d)(iv)(A) 01 01 11 Sub-subparagraph (1)(d)(iv)(B) 01 01 12 Subparagraph (1)(d)(v) 02 02 13 Subparagraph (1)(d)(vi) 02 02 14 Subparagraph (2)(b)(i) - 05 15 Subparagraph (2)(b)(ii) - 04 ------------------------------------------------------------------------------ 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 13 Interpretation-good character 13. Regulation 4 of the Principal Regulations is amended by omitting subregulation (2). 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 14 Effect and operation of visas 14. Regulation 16 of the Principal Regulations is amended by inserting in subregulation (3) "following the grant in Australia of" after "entry permit, or". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 15 Prohibition against grant of entry permit 15. Regulation 25 of the Principal Regulations is amended by omitting from subregulation (2) "the Minister" and substituting "a Minister, or to an applicant for a CPR citizen entry permit". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 16 Repeal-regulation 35A 16. Regulation 35A of the Principal Regulations is repealed. 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 17 Prescribed change in circumstances-paragraphs 36(1)(a) and 37(2)(a) of the Act 17. Regulation 40 of the Principal Regulations is amended: (a) by inserting in subregulation (1) "in relation to a person to whom section 36 or 37 of the Act applies" after "is prescribed"; (b) by omitting paragraph (1)(b) and substituting the following paragraph: "(b) in the case of a person who is the aged parent of an Australian citizen or an Australian permanent resident-as the result of the death or permanent migration of a child, the aged parent satisfies the balance of family test;"; (c) by omitting subregulation (2) and substituting the following subregulation: "(2) For the purposes of paragraph 37(2)(a) of the Act, each of the following changes of circumstances is prescribed, in addition to those prescribed under subregulation (1), in relation to a person to whom section 37 of the Act applies: (a) in the case of a person who, before 7 March 1989, applied in accordance with a form approved by the Minister for reconsideration of a decision to refuse to grant an entry permit to the person-the Minister has informed the person that the application will not be determined; (b) the person to whom that section applies became the spouse of an Australian citizen or an Australian permanent resident before 19 December 1989; (c) the person, not having met similar requirements for the grant of a visa under the Act as in force before 19 December 1989, satisfies the prescribed criteria in relation to a class of visas referred to in subparagraph 128(1)(a)(iv).". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 18 18. After regulation 119C of the Principal Regulations the following regulations are inserted: Extended eligibility (PRC) entry permit "119D. (1) The following criteria are prescribed in relation to an extended eligibility (PRC) entry permit: (a) the applicant is a citizen of the People's Republic of China; (b) the applicant was present in Australia on 20 June 1989 and was the holder, on that day, of a valid temporary entry permit; (c) the applicant applies in Australia for the entry permit not later than 31 March 1990. "(2) An extended eligibility (PRC) entry permit is not to be granted except: (a) as a temporary entry permit; and (b) in respect of a period ending not later than 31 January 1991. PRC citizen entry permit "119E. (1) The following criteria are prescribed in relation to a PRC citizen entry permit: (a) the applicant is a citizen of the People's Republic of China; (b) the applicant was present in Australia on 20 June 1989 and was, on that day, an illegal entrant; (c) the applicant applies in Australia for the entry permit not later than 31 March 1990. "(2) A PRC citizen entry permit is not to be granted: (a) except as a temporary entry permit; and (b) except in respect of a period ending not later than 31 January 1991; and (c) unless granted subject to the condition specified in paragraph 33(4)(a) of the Act.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 19 Grant of temporary entry permit (other than working holiday entry permit) to holder of visitor visa or visitor entry permit 19. Regulation 120 of the Principal Regulations is amended by omitting all words after "business negotiations or arrangements" and substituting the following words and paragraphs: "and, in addition, the applicant establishes that the proposed visit to Australia is a genuine visit and that he or she has adequate financial support for the proposed period of stay during that visit; (f) the applicant, being an applicant for a retirement entry permit, satisfies the prescribed criteria in relation to the class of visas to which that class of entry permits is equivalent; (g) the applicant, being an applicant for a termporary resident entry permit other than a retirement entry permit: (i) has special occupational or professional skills (or both); and (ii) is sponsored by an employer or organisation who or which is able to establish that a person with such skills is not reasonably available in Australia; and (iii) satisfies the prescribed criteria in relation to the relevant class of visas; (h) the applicant, being an applicant for a student entry permit: (i) satisfies the prescribed criteria in relation to the relevant class of entry permits; and (ii) establishes exceptional reasons for the grant of the entry permit.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 20 Grant of visitor or student entry permit to holders of certain student visas or entry permits 20. Regulation 123 of the Principal Regulations is amended by inserting in subparagraph (d)(iii)", in the case of an applicant for an entry permit referred to in sub-subparagraph (D) or (E)," after "entry permits and". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 21 Extended eligibility (family) entry permit 21. Regulation 127 of the Principal Regulations is amended: (a) by omitting subparagraph (a)(ii) and substituting the following subparagraph: "(ii) being the parent of an Australian citizen, or an Australian permanent resident who has lived for a reasonable time in Australia: (A) has become an aged parent since arriving in Australia and satisfies the balance of family test; or (B) is an aged parent who, as the result of the death or permanent migration of a child since the arrival of the applicant in Australia, satisfies the balance of family test; or"; (b) by omitting subparagraph (a)(iv) and substituting the following subparagraph: "(iv) being an illegal entrant who has not made a previous application for an entry permit: (A) entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married; and (B) has not departed from Australia since that entry; and (C) has developed close personal ties with Australia.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 22 Extended eligibility (economic) entry permit 22. Regulation 128 of the Principal Regulations is amended by omitting from paragraph (2)(b) all words after "these Regulations-" and substituting "a prescribed non-citizen as referred to in paragraph 6A(4)(c) of the Act as in force immediately before that commencement.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 23 Compassionate grounds entry permit 23. Regulation 140 of the Principal Regulations is amended: (a) by omitting paragraph (1)(c); (b) by inserting at the end of subregulation (2) the following paragraph: "(c) the applicant, being an illegal entrant who has not made a previous application for an entry permit: (i) entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married; and (ii) has not departed from Australia since that entry; and (iii) has developed close personal ties with Australia; and (iv) has been granted an extended eligibility (family) entry permit.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 24 Confirmatory entry permit 24. Regulation 142 of the Principal Regulations is amended by omitting subparagraph (b)(i) and substituting the following subparagraph: "(i) is the holder of an Australian requirement entry visa or entry permit and has satisfied any prescribed criteria he or she was not able to satisfy except after entry to Australia; or". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 25 Prescribed diseases-subparagraph 20(1)(d)(i) of the Act 25. Regulation 176 of the Principal Regulations is amended: (a) by inserting in paragraph (b) "during the person's intended period of stay in Australia" after "community"; (b) by inserting in paragraph (c) ", during the person's intended period of stay in Australia" after "which". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 26 Infringement notice and prescribed penalty 26. Regulation 179 of the Principal Regulations (being the regulation headed "Infringement notice and prescribed penalty") is amended by omitting "179.(1) In this regulation," and substituting "179A.(1) In this regulation,". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 27 Repeal-regulation 181 27. Regulation 181 of the Principal Regulations (being the regulation headed "Offences") is repealed. 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 28 28. After regulation 182 of the Principal Regulations the following regulation is inserted: "182A. A person must not contravene or fail to comply with a provision of these Regulations that is applicable to that person. Penalty: $100 or imprisonment for 3 months.". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 29 29. Schedule 2 to the Principal Regulations is amended by omitting item 2 in Part 3 and substituting the following item: "2 preferential family (a) aged dependent relative, orphan relative, remaining relative, special need relative. (b) B, C (for aged dependent relative or remaining relative-settled relative or settled co-habiting spouse; for orphan relative or special need relative or co-habiting spouse), D, E, H1". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 30 Schedule 3 30. Schedule 3 to the Principal Regulations is amended: (a) by omitting item 15 in Part 1 and substituting the following item: "15 dependant (subsequent entry) 433"; (b) by adding at the end of Part 3 the following items: "28 extended eligibility (PRC) entry permit 829 29 PRC citizen entry permit 434". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 31 Schedule 5 31. Schedule 5 to the Principal Regulations is amended by omitting item 1 and substituting the following item: "1 14 to 28 (inclusive), 30 to 50 conditions referred to in (inclusive), transit visa 23(4)(a) and 33(4)(a) of referred to in regulation 110 the Act respectively". refugee B (restricted) visa or entry permit, refugee D (restricted) entry permit extended eligibility (limited) entry permit 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 32 Schedule 8 32. Schedule 8 to the Principal Regulations is amended by adding at the end of Part 2 the following items: "15 extended eligibility (limited) entry permit 250 16 extended eligibility (PRC) entry permit 30 17 PRC citizen entry permit 30". 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 33 Minor amendments 33. The Principal Regulations are amended as set out in the Schedule. 1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE SCHEDULE - NOTES 1990 No. 1*1* MIGRATION REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 15 January 1990. *2*Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416.