MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 22 MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 22 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Regulation 2 (Interpretation) 4. Regulation 8A (Interpretation-prescribed non-citizen) 5. Regulation 20 (Reconsideration of application that is put aside) 6. Regulation 48A (Business skills visa) 7. Regulation 48B (Business skills (senior executive) visa) 8. New regulation 48C 9. Regulation 49 (Distinguished talent (Australian support) visa) 10. Regulation 50 (Distinguished talent and special service (independent) visa) 11. Regulation 62 (Entertainment visa) 12. Regulation 98B (Student (category A) visa) 13. Regulation 98D (Student (category B) visa) 14. Regulation 106 (Camp clearance visa) 15. Regulation 107A (Soviet concession visa) 16. Regulation 118 (Yugoslav (temporary) entry permit) 17. Regulation 119G (Sri Lankan (temporary) entry permit) 18. Regulation 121 (Grant of temporary entry permits to holders of working holiday visas or entry permits or of prescribed temporary entry permits) 19. Regulation 122 (Grant of temporary entry permits to holders of certain student visas or entry permits, or of prescribed temporary entry permits) 20. Regulation 126 (Extended eligibility (spouse) entry permit) 21. Regulation 128 (Extended eligibility (economic) entry permit) 22. Regulation 135 (Spouse (after entry) entry permit) 23. Regulation 139 (Skilled occupation entry permit) 24. Regulation 146 (Qualifications-suitability for employment) 25. Regulation 179A (Infringement notices and prescribed penalty) 26. Regulation 183A (Fee on application for a sport visa) 27. Regulation 185 (Fee on application for temporary entry permits granted only in Australia) 28. Regulation 194 (Refund of fees) 29. Regulation 201 (Fee on application for entertainment visa) 30. New regulations 204 and 205 31. Schedule 2 (Classes of visas, prescribed criteria and code numbers) 32. Schedule 3 (Classes of entry permits) 33. Schedule 4 (Prescribed qualifications and prescribed number of points) 34. Schedule 8 (Fees) 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 Regulations 6, 7 and 8 commence on 17 February 1992. 1.2 Subregulations 24.4 and 24.5 and regulation 33 commence on 1 March 1992. 1.3 Regulations 26, 27, 29 and 30, and subregulations 34.1, 34.2 and 34.4 commence on 1 February 1992. 1.4 Regulations 20 and 22 are taken to have commenced on 1 October 1991. 1.5 Regulations 21 and 23 are taken to have commenced on 15 April 1991. (NOTE: The remainder of these Regulations commence on the day of gazettal: see Acts Interpretation Act 1901, s. 48.) 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Migration Regulations are amended as set out in these Regulations. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 3 3. Regulation 2 (Interpretation) 3.1 Subregulation 2 (1) (definition of "category A course"): Omit the definition, substitute: " 'category A course' means a course of study listed as a category A course in the Commonwealth Register of Institutions and Courses for Overseas Students kept by the Secretary to the Department of Employment, Education and Training in pursuance of section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991;". 3.2 Subregulation 2 (1) (definition of "category B course"): Omit the definition, substitute: " 'category B course' means a course of study listed as a category B course in the Commonwealth Register of Institutions and Courses for Overseas Students kept by the Secretary to the Department of Employment, Education and Training in pursuance of section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991;". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 4 4. Regulation 8A (Interpretation-prescribed non-citizen) 4.1 Subparagraph 8A (a) (vi): Omit "the person a member", substitute "the person is a member". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 5 5. Regulation 20 (Reconsideration of application that is put aside) 5.1 Paragraph 20 (1) (a): After "subsection 31 (3)", insert " or (5)". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 6 6. Regulation 48A (Business skills visa) 6.1 Subregulation 48A (1): Omit the subregulation, substitute: "(1) In this regulation: 'appropriate regional authority', in relation to an applicant, means the Department or authority (if any), being a Department or authority of the State or Territory in which the applicant intends to develop a business, that is specified for the purposes of this regulation by the Minister in a notice under regulation 48C; 'fiscal year', in relation to an enterprise, means: (a) if there is applicable to the enterprise by law an accounting period of 12 months-that period; or (b) in any other case-such period of 12 months as the Minister approves in writing for that enterprise.". 6.2 Subregulation 48A (2): After paragraph (a), insert: "(aa) if the applicant was engaged, for at least 3 of the last 4 fiscal years, in an enterprise providing professional, technical or trade services-the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the enterprise, for no more than half the time spent by the applicant from day to day in the conduct of the enterprise; and". 6.3 Subparagraph 48A (2) (b): Before "years" (twice occurring), insert "fiscal ". 6.4 Subparagraph 48A (2) (b) (ii): Omit "shareholder, in", substitute "shareholder in,". 6.5 Subparagraph 48A (2) (c): Before "years" (twice occurring), insert "fiscal ". 6.6 Subparagraph 48A (2) (d): Before "years", insert "fiscal ". 6.7 Paragraph 48A (2) (h): Omit the paragraph, substitute: "(h) the applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this paragraph in a notice under regulation 48C; and". 6.8 Paragraph 48A (4) (b): Omit the paragraph, substitute: "(b) an applicant's score under a Division or Part of Schedule 9 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant: (i) in the case of an attribute specified in Part 3 of Schedule 9-at the time when the application is decided; and (ii) in the case of any other attribute-at the time when the application is made; and if there is more than 1 attribute of that kind, the highest single number of points so specified; and (c) in determining the score of an applicant under Part 4 of Schedule 9, only assets available for transfer, and capable of being transferred, to Australia within 2 years after the date of the issue to the applicant of a business skills visa are to be taken into account.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 7 7. Regulation 48B (Business skills (senior executive) visa) 7.1 Subregulation 48B (1): Omit the subregulation, substitute: "(1) In this regulation: 'appropriate regional authority', in relation to an applicant, means the Department or authority (if any), being a Department or authority of the State or Territory in which the applicant intends to develop a business, that is specified for the purposes of this regulation by the Minister in a notice under regulation 48C; 'fiscal year', in relation to an enterprise, means: (a) if there is applicable to the enterprise by law an accounting period of 12 months-that period; or (b) in any other case-such period of 12 months as the Minister approves in writing for that enterprise; 'major business', in relation to an applicant for a business skills (senior executive) visa, means a business enterprise (other than a government business enterprise) the annual turnover of which was not less than $50,000,000 in 3 of the last 4 fiscal years immediately preceding the day when the application is made.". 7.2 Paragraph 48B (2) (b): Omit the paragraph, substitute: "(b) for a total period of 3 years in the 4 years immediately preceding the making of the application, the applicant: (i) occupied a position in the 3 highest levels of the management structure of a major business; and (ii) was responsible for strategic policy development affecting a major component or a wide range of the operations of that major business; and". 7.3 Paragraph 48B (2) (f): Omit the paragraph, substitute: "(f) the applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this paragraph in a notice under regulation 48C; and (g) the applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the Government's requirements in relation to entry to Australia as the holder of a business skills visa or entry permit.". 7.4 Subregulation 48B (3): Omit the subregulation. 7.5 Subregulation 48B (4): Omit "paragraph (2) (h)", substitute "paragraph (2) (f)". 7.6 Subregulation 48B (4) (b): Omit the paragraph, substitute: "(b) an applicant's score under a Division or Part of Schedule 9 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant: (i) in the case of an attribute specified in Part 3 of Schedule 9-at the time when the application is decided; and (ii) in the case of any other attribute-at the time when the application is made; and if there is more than 1 attribute of that kind, the highest single number of points so specified; and (c) in determining the score of an applicant under Part 4 of Schedule 9, only assets available for transfer, and capable of being transferred, to Australia within 2 years after the date of the issue to the applicant of a business skills (senior executive) visa are to be taken into account.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 8 8. New regulation 48C 8.1 After regulation 48B, insert: Specification of requirements for purposes of regulations 48A and 48B "48C. For the purposes of regulations 48A and 48B, the Minister may, by notice published in the Gazette: (a) specify the number of points required to be scored on the business skills points test by an applicant for a business skills visa or a business skills (senior executive) visa; and (b) specify, in relation to a State or Territory, the Department or authority of that State or Territory that is to be taken, for the purposes of these Regulations, to be responsible for business development in that State or Territory.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 9 9. Regulation 49 (Distinguished talent (Australian support) visa) 9.1 Paragraph 49 (a): Omit the paragraph. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 10 10. Regulation 50 (Distinguished talent and special service (independent) visa) 10.1 Paragraph 50 (a): Omit the paragraph. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 11 11. Regulation 62 (Entertainment visa) 11.1 Sub-subparagraphs 62 (1) (a) (i) (B) and (ia) (B): Omit ", Tourism". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 12 12. Regulation 98B (Student (category A) visa) 12.1 Subparagraph 98B (1) (a) (i): Omit the subparagraph, substitute: "(i) that is a category A course; or". 12.2 Subparagraph 98B (1) (a) (ii): Omit "so approved". 12.3 Paragraph 98B (1) (b): Omit "has approved", substitute "supports". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 13 13. Regulation 98D (Student (category B) visa) 13.1 Subparagraph 98D (1) (a) (i): Omit the subparagraph, substitute: "(i) that is a category B course; or". 13.2 Sub-subparagraph 98D (1) (a) (ii) (A): Omit "approved under subparagraph 98B (1) (a) (i)". 13.3 Paragraph 98D (1) (a) (iii): Omit "approved under subparagraph (a) (i)". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 14 14. Regulation 106 (Camp clearance visa) 14.1 Paragraph 106 (b): Omit the paragraph, substitute: "(b) the applicant is living in a camp that is: (i) situated in Hong Kong, Thailand, Indonesia, Malaysia or the Philippines; and (ii) maintained by the United Nations High Commissioner for Refugees or the government of Hong Kong;". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 15 15. Regulation 107A (Soviet concession visa) 15.1 Omit the regulation. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 16 16. Regulation 118 (Yugoslav (temporary) entry permit) 16.1 Subregulation 118 (1): After paragraph 118 (1) (b), insert: "(ba) the applicant is not the holder of an entry permit or entry visa operating as an entry permit valid up to or beyond 30 April 1992;". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 17 17. Regulation 119G (Sri Lankan (temporary) entry permit) 17.1 Subregulation 119G (1): After paragraph 119G (1) (b), insert: "(ba) the applicant is not the holder of an entry permit or entry visa operating as an entry permit valid up to or beyond 30 April 1992;". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 18 18. Regulation 121 (Grant of temporary entry permits to holders of working holiday visas or entry permits or of prescribed temporary entry permits) 18.1 Subparagraph 121 (2) (f) (i): Omit the subparagraph, substitute: "(i) being an applicant for a working holiday entry permit: (A) satisfies the prescribed criteria specified in paragraphs 81 (a) to (d) (inclusive); and (B) establishes that he or she has adequate financial support for the proposed period of stay in Australia.". 18.2 Add at the end: "(3) An existing permit-holder must not be granted a working holiday entry permit if the entry permit would, if granted, authorise the applicant to stay in Australia as a working holiday-maker for a total period exceeding 12 months.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 19 19. Regulation 122 (Grant of temporary entry permits to holders of certain student visas or entry permits, or of prescribed temporary entry permits) 19.1 Sub-subparagraph 122 (2) (e) (iii) (C): Omit "has approved", substitute "supports". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 20 20. Regulation 126 (Extended eligibility (spouse) entry permit) 20.1 Omit paragraph 126 (1) (b), substitute: "(b) the applicant is a person who: (i) would satisfy the criteria specified in paragraph (a) except that his or her spouse has died; and (ii) satisfies the Minister that the marital relationship was genuine and, had the spouse not died, would have continued; and (iii) has developed close business, cultural or personal ties in Australia; whether the application was made before or after 15 April 1991; or". 20.2 Paragraph 126 (1) (bb): Omit " but was not decided before 1 October 1991". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 21 21. Regulation 128 (Extended eligibility (economic) entry permit) 21.1 After subregulation 128 (1), insert: "(1AA) Despite any other provision of these Regulations, an applicant for an extended eligibility (economic) entry permit who applies at any time after 15 April 1991 is taken to satisfy the criterion specified in paragraph 51 (a) in relation to an employer nomination visa if the applicant was at the time of application: (a) nominated by an employer in respect of an approved appointment; or (b) nominated by an employer for a proposed appointment which was subsequently approved.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 22 22. Regulation 135 (Spouse (after entry) entry permit) 22.1 Subparagraph 135 (1) (b): Omit the subparagraph, substitute: "(b) the applicant is a person who, at the time the application is decided: (i) would satisfy the criteria mentioned in subparagraphs (a) (i) and (ii) except that his or her spouse has died before the Minister makes a decision on the application; and (ii) satisfies the Minister that the marital relationship was genuine, and had the spouse not died, would have continued; and (iii) has developed close business, cultural or personal ties in Australia; whether the application was made before or after 15 April 1991; or". 22.2 Subparagraph 135 (1) (e) (i): Omit " and whose application was not decided before 1 October 1991". 22.3 Subparagraph 135 (1) (f) (i): Omit " and whose application was not decided before 1 October 1991". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 23 23. Regulation 139 (Skilled occupation entry permit) 23.1 After subregulation 139 (1), insert: "(1AA) Despite any other provision of these Regulations, an applicant for a skilled occupation entry permit who applies at any time after 15 April 1991 is taken to satisfy the criterion specified in paragraph 51 (a) in relation to an employer nomination visa if the applicant was at the time of application: (a) nominated by an employer in respect of an approved appointment; or (b) nominated by an employer for a proposed appointment which was subsequently approved.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 24 24. Regulation 146 (Qualifications-suitability for employment) 24.1 Sub-subparagraph 146 (1) (a) (i) (D): Omit "authorities", substitute "authority". 24.2 Sub-subparagraph 146 (1) (b) (iii) (B): Omit "authorities", substitute "authority". 24.3 Sub-subparagraph 146 (1) (d) (iii) (B): Omit "authorities", substitute "authority". 24.4 Paragraph 146 (1) (j): Omit the paragraph. 24.5 Sub-subparagraph 146 (1) (k) (ii) (A): Omit the sub-subparagraph, substitute: "(A) was awarded in the period of 5 years ending on the day before the application is made; and". 24.6 Sub-subparagraph 146 (1) (j) (i) (A): Omit "comparably styled ". 24.7 Sub-subparagraph 146 (1) (k) (ii) (B): Omit "comparably styled ". 24.8 Regulation 146: Add at the end: "(2A) For the purposes of this regulation, a degree, diploma, associate diploma or trade certificate is of equivalent standard to a degree, diploma, associate diploma or trade certificate awarded by an Australian educational institution if the degree, diploma, associate diploma or trade certificate is assessed by the relevant Australian authority to be of equivalent standard: (a) in the case of a degree or its equivalent-to a degree; or (b) in the case of a diploma or its equivalent-to a diploma; or (c) in the case of an associate diploma or its equivalent-to an associate diploma; or (d) in the case of a trade certificate or its equivalent-to a trade certificate; awarded in a corresponding field of learning or skill by an Australian educational institution.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 25 25. Regulation 179A (Infringement notices and prescribed penalty) 25.1 Subregulation 179A (2): Omit "provision", substitute "subregulation". 25.2 Subregulation 179A (4): Omit the subregulation, substitute: "(4) If an infringement notice has been served on a person, the Secretary or an officer authorised in writing by the Secretary for the purposes of this subregulation may, by notice in writing served on the person in accordance with these Regulations, at any time before: (a) the end of the period of 28 days after the day of the notice; or (b) subject to subregulation (4A), the end of such further period as the Secretary or the authorised officer allows, whether before or after the end of the first-mentioned period; withdraw the infringement notice. "(4A) An infringement notice must not be withdrawn pursuant to subregulation (4) after the expiry of 3 calendar months commencing on the day on which the notice was served.". 25.3 Subregulation 179A (5) (a): Omit "provision", substitute "subregulation". 25.4 Paragraph 179A (6) (c): Omit "provision", substitute "subregulation". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 26 26. Regulation 183A (Fee on application for a sport visa) 26.1 Paragraph 183 (1) (a): Omit "$1000", substitute "$1300". 26.2 Paragraph 183 (1) (b): Omit "$100", substitute "$130". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 27 27. Regulation 185 (Fee on application for temporary entry permits granted only in Australia) 27.1 Paragraph 185 (2) (a): Omit the paragraph, substitute: "(a) in the case of an application by an applicant: (i) who is referred to in paragraph 120 (e) or (fa), and (ii) who holds a visitor visa granted on or after 1 February 1992 in respect of a visit of 3 months or less; if the entry permit applied for would, if granted, entitle the applicant to remain in Australia for a total period greater than 3 months-a fee of $200; or". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 28 28. Regulation 194 (Refund of fees) 28.1 Insert after subregulation 194 (1): "(1A) If a fee is paid by a person, before or after the commencement of this subregulation, in respect of an application for a visa or an entry permit, and the applicant dies before a decision is made on the application, the legal personal representative of the applicant is entitled, on request, to a refund of an amount equal to the amount of the fee paid, and the receipt of a person purporting to be a legal personal representative of a deceased applicant is for all purposes a good discharge of any liability of the Commonwealth pursuant to this subregulation.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 29 29. Regulation 201 (Fee on application for entertainment visa) 29.1 Paragraph 201 (1) (a): Omit "$1000", substitute "$1300". 29.2 Paragraph 201 (1) (c): Omit "$100", substitute "$130". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 30 30. New regulations 204 and 205 30.1 After regulation 203, insert: Fees-certain visitor visas "204. (1) Subject to subregulation (2), no fee is payable on: (a) a business visitor visa; or (b) a close family visitor visa; or (c) a medical treatment visa; or (d) a tourist visa; or (e) a visitor (other) visa. "(2) A fee of $30 is payable on application for a visa of a class referred to in subregulation (1) if: (a) the application for the visa is in respect of a visit to Australia for a period of stay longer than 3 months; or (b) the application is in respect of a visa which: (i) is to be valid for whichever is the lesser of: (A) a period of 4 years; or (B) the remaining validity of the applicant's passport; and (ii) would, if granted, entitle the applicant to enter Australia more than once. Waiver of fee for visitor visa in certain circumstances "205. The Minister may waive a fee payable on an application for a visitor visa if a Minister certifies that the waiver of the fee would be in the public interest.". 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 31 31. Schedule 2 (Classes of visas, prescribed criteria and code numbers) 31.1 Part 2, item 8: Omit the item. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 32 32. Schedule 3 (Classes of entry permits) 32.1 Part 1, item 26: Omit the item. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 33 33. Schedule 4 (Prescribed qualifications and prescribed number of points) 33.1 Item 6 (column 3): Omit "35", substitute "30". 33.2 Item 7 (column 3): Omit "30", substitute "25". 33.3 Item 9A: Omit the item. 1992 No. 22 MIGRATION REGULATIONS (AMENDMENT) - REG 34 34. Schedule 8 (Fees) 34.1 Part 1, items 16, 17, 18, 20, 22, 24 to 28 (inclusive), 30 to 34 (inclusive), and 36 to 38 (inclusive) (column 3): Omit "$100", substitute "$130". 34.2 Part 1, items 45, 46, 47, 48 and 50 (column 3): Omit "-", substitute "the fee ascertained under regulation 204". 34.3 Part 1, item 76: Omit the item. 34.4 Part 1, items 82 and 86 (column 3): Omit "$100", substitute "$130". 34.5 Part 2, item 6: Omit the item, substitute: "6 family and other close ties the fee ascertained under regulation 186". - NOTES 1992 No. 22*1* MIGRATION REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 31 January 1992. *2*Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484.