Commonwealth Numbered Regulations

1996 No. 76 MIGRATION REGULATIONS (AMENDMENT) - REG 9

9.1 Item 1202: Omit the item.

9.2 Paragraph 1205 (2) (a): Omit the paragraph, substitute:

"(a) If the application is made outside Australia and the applicant:

        (i)    appears to the Minister, on the basis of information contained
               in the application, to satisfy the requirements for a Subclass
               411 (Exchange) visa; or

        (ii)   satisfies the requirements of paragraph (b) or (c):
Nil.".

9.3 Paragraph 1205 (2) (b): Omit "sub-item", substitute "paragraph".

9.4 Sub-subparagraph 1205 (2) (b) (ii) (F): Omit "clause", substitute
"sub-subparagraph".

9.5 Paragraph 1205 (2) (c): Omit all the words before subparagraph (c) (i),
substitute:

"(c) An applicant satisfies the requirements of this paragraph if the
application is made on the basis of the applicant having been:".

9.6 Subitem 1205 (4): Omit "414 (Specialist (overseas))", substitute "411
(Exchange)".

9.7 Subitem 1207 (4): Omit the subitem, substitute:
  "(4)    Subclasses: 426  (Domestic Worker (Temporary)-Diplomatic or

Consular)
427 (Domestic Worker (Temporary)-Executive)".

9.8 After item 1214, insert:

"1214AA. Medical Practitioner (Temporary) (Class UE)
  "(1)    Form:    147

  "(2)    Fee:    $145

  "(3)    Other:  (a) Application may be made in or outside Australia,

but not in immigration clearance.

   (b)  Applicant must be in Australia to make an
application in Australia.

   (c)  Application by a person claiming to be a member
of the family unit of a person may be made at
the same time and place as, and combined with,
an application by any other member of the family
unit seeking to satisfy either the primary or
secondary criteria.
  "(4)    Subclasses:

422 (Medical Practitioner)".

9.9 Subitem 1222 (4): Omit the subitem, substitute:
  "(4)    Subclasses:

560 (Student)
562 (Iranian Postgraduate Student)
563 (Iranian Postgraduate Student Dependant)".

9.10 Item 1223A: Omit the item, substitute:

"1223A. Temporary Business Entry (Class UC)
  "(1)    Form:   (a) If the applicant seeks a visa that will permit

the applicant to remain in Australia (whether or
not also a visa to travel to and enter
Australia) for a period, or periods, of 3 months
or less:

        (i)    if the application is made on the applicant's
behalf by an approved nominator within the
meaning of clause 456.111 of Schedule 2: 1034.

        (ii)   in any other case: 456.

   (b)  If the applicant seeks a visa that will permit
the applicant to remain in Australia (whether or
not also a visa to travel to and enter
Australia) for a period, or periods, of more
than 3 months: 1066.
  "(2)    Fee:    (a) Subject to paragraphs (b), (c) and (d), if the

applicant seeks a visa that will permit the
applicant to remain in Australia (whether or not
also a visa to travel to and enter Australia)
for a period, or periods, of 3 months or less:

        (i)    Applicant outside Australia (whether or not the
application is made outside Australia):

                (A)  if the applicant seeks a visa to be in effect
for more than 1 entry or for a period of more
than 1 month: $35.

                (B)  if the applicant seeks a visa to be in effect
for 1 entry only and for a period of 1 month or
less: Nil.

        (ii)   Applicant in Australia: $145.

   (b)  Subject to paragraphs (c) and (d), if the
application is made on the applicant's behalf by
an approved nominator within the meaning of
clause 456.111 of Schedule 2: $35.

   (c)  The Minister may waive the fee in relation to an
application to which paragraph (a) or (b)
applies that is made by a non-citizen applying
as a representative of a foreign government.

   (d)  If it appears to the Minister, on the basis of
an application to which paragraph (a) or (b)
applies, that the applicant is:

        (i)    a person:

                (A)  to whom privileges and immunities are, or are
expected to be, accorded under the International
Organizations (Privileges and Immunities) Act
1963 or the Overseas Missions (Privileges and 
Immunities) Act 1995 ; and

                (B)  who is expected to be recommended by the Foreign
Minister for the grant of a visa; or

        (ii)   the spouse, or a dependent child, of a person
mentioned in subparagraph (i):
Nil.

   (e)  Subject to paragraph (f), if the applicant seeks
a visa that will permit the applicant to remain
in Australia (whether or not also a visa to
travel to and enter Australia) for a period, or
periods, of more than 3 months: $145.

   (f)  If it appears to the Minister, on the basis of
an application to which paragraph (e) applies,
that the applicant is:

        (i)    a person:

                (A)  to whom privileges and immunities are, or are
expected to be, accorded under the International
Organizations (Privileges and Immunities) Act
1963 or the Overseas Missions (Privileges and 
Immunities) Act 1995 ; and

                (B)  who is expected to be recommended by the Foreign
Minister for the grant of a visa; or

        (ii)   a member of the family unit of a person
mentioned in subparagraph (i):
Nil.
  "(3)    Other:  (a) Application (except an application by an

approved nominator, within the meaning of clause
456.111 of Schedule 2, on an applicant's behalf)
may be made in or outside Australia, but not in
immigration clearance.

   (b)  If the applicant seeks a visa that will permit
the applicant to remain in Australia (whether or
not also a visa to travel to and enter
Australia) for a period, or periods, of 3 months
or less:

        (i)    Application may be made on the applicant's
behalf by an approved nominator.

        (ii)   Application by an approved nominator on behalf
of the applicant must be made in Australia.

        (iii)  Application may be made on the applicant's
behalf by an approved nominator only if the
applicant is outside Australia at the time of
application.

        (iv)   If the applicant is outside Australia, the
application may be made in Australia only if:

                (A)  no fee is payable on the application; or

                (B)  the application is made on the applicant's
behalf by an approved nominator.

        (v)    Application by a person claiming to be a spouse
or dependent child of an applicant may be made
at the same time and place as, and combined
with, the application of that person.

   (c)  If:

        (i)    the applicant seeks a visa that will permit the
applicant to remain in Australia (whether or not
also a visa to travel to and enter Australia)
for a period, or periods, of more than 3 months;
and

        (ii)   the applicant claims to be a member of the
family unit of a person;
application may be made at the same time and
place as, and combined with, an application by
any other member of the family unit seeking to
satisfy either the primary or secondary
criteria.
  "(4)    Subclasses: 456 (Business (Short Stay))

457 (Business (Long Stay))."