MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 64 

MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 64 
- TABLE OF PROVISIONS

1.  Amendment  
2.  Regulation 1.03 (Interpretation)  
3.  Regulation 2.12A (Safe third country and prescribed connection  (subsection 91D (1) of the Act))  
4.  Regulation 3.03 (Evidence of identity of arriving person etc. (Act,  s. 166))  
5.  Schedule 1 (Classes of visas)  
6.  Schedule 2, Part 456 (Business (Short Stay))  
7.  Schedule 9 (Special entry and clearance arrangements)  
8.  Schedule 11 (Memorandum of Understanding)  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 1
1. Amendment


  1.1 The Migration Regulations are amended as set out in these 
Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation 
Act 1901, s. 48.]  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 2
2. Regulation 1.03 (Interpretation)


  2.1 Insert the following definitions:
  "'APEC' means Asia-Pacific Economic Co-operation;
  'APEC economy' means Australia, Brunei Darussalam, Canada, Chile, 
the People's Republic of China, Hong Kong, Indonesia, Japan, the 
Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, 
the Republic of the Philippines, Singapore, Chinese Taipei, Thailand 
or the United States of America;
  'designated APEC economy' means an APEC economy specified by Gazette 
Notice for the purposes of this definition;".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 3
3. Regulation 2.12A (Safe third country and prescribed connection 
(subsection 91D (1) of the Act))


  3.1 Omit the regulation.  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 4
4. Regulation 3.03 (Evidence of identity of arriving person etc. (Act, 
s. 166))


  4.1 Paragraph 3.03 (2) (f):
Omit the paragraph, substitute:
  "(f) in the case of a person referred to in paragraph 1223A (1) (c) 
of Schedule 1 who holds a Temporary Business Entry (Class UC) visa:
    (i) show a clearance officer evidence of the person's identity, as 
specified in Part 1 of Schedule 9; and
    (ii) give the clearance officer a completed passenger card; and
  (g) in the case of a non-citizen other than a non-citizen referred 
to in paragraph (b), (c), (d), (e) or (f):
    (i) show a clearance officer the person's passport and evidence of 
a visa; and
    (ii) give the clearance officer a completed passenger card.".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 5
5. Schedule 1 (Classes of visas)


  5.1 Sub-subparagraph 1107 (2) (ab) (ii) (B):
Omit "paragraph (b)", substitute "paragraph (ac)".

  5.2 Sub-subparagraph 1115 (2) (bb) (ii) (B):
Omit "paragraph (a) or (c)", substitute "paragraph (a) or (bc)".

  5.3 Paragraph 1223A (1) (a):
Omit "If the applicant", substitute "Subject to paragraph (c), if the 
applicant".  

  5.4 Subitem 1223A (1):
Add at the end:
  "(c) If:
    (i) a person is the holder of a valid passport issued by a 
designated APEC economy; and 
    (ii) the person has made an application to the Government of that 
economy for an APEC Business Travel Card under arrangements in force 
between Australia and designated APEC economies; and
    (iii) that Government has forwarded that application, or a copy of 
that application, to a diplomatic, consular or migration office 
maintained by or on behalf of the Commonwealth outside Australia:
that application or copy.".  

  5.5 Paragraph 1223A (2) (a):
Omit "Subject to paragraphs (b), (c)", substitute "Subject to 
paragraphs (aa), (b), (c)".  

  5.6 Subitem 1223A (2):
After paragraph (a), insert:
  "(aa) If the applicant is an applicant referred to in paragraph (1) 
        (c): Nil.".  

  5.7 Paragraph 1223A (3) (a):
Omit "applicant's behalf)", substitute "applicant's behalf or an 
application by a person referred to in paragraph (1) (c))".  

  5.8 Subitem 1223A (3):
Add at the end:
  "(d) If the application is made by a person referred to in paragraph 
(1) (c), the person must be outside Australia.".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 6
6. Schedule 2, Part 456 (Business (Short Stay))


  6.1 Subparagraph 456.511 (b) (ii):
Omit the subparagraph, substitute:
  "(ii) a person to whom subclause 456.221 (4) applies; or
    (iii) a person referred to in paragraph 1223A (1) (c) of Schedule 
1; and".  

  6.2 Paragraph  456. 512 (a):
Add at the end:
  "(iii) a person referred to in paragraph 1223A (1) (c) of Schedule 
1; or".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 7
7. Schedule 9 (Special entry and clearance arrangements)


  7.1 Part 1 (Persons to whom special arrangements apply under section 
166 of the Act)
After item 21, insert:

  "22    Person referred to in paragraph 1223A (1) (c) of Schedule 1 
         who holds a Temporary Business Entry (Class UC) visa
         A passport of a designated APEC economy               Yes".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- REG 8
8. Schedule 11 (Memorandum of Understanding)


  8.1 Heading:
Omit "Subregulation 2.12A (1)", substitute "Subregulation 2.12B (4)".  


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- NOTE 1


NOTES
*1* Notified in the Commonwealth of Australia Gazette on 26 March 
1997.


1997 No. 64 MIGRATION REGULATIONS (AMENDMENT)
- NOTE 2


*2* Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 
and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 
75, 76, 108, 121, 135, 198, 211 and 276; 1997 No. 17.


- NOTES


1997 No. 64*1* MIGRATION REGULATIONS*2* (AMENDMENT)

- Dated 19 March 1997