Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.03

Definitions

                   In these Regulations, unless the contrary intention appears:

"AASES form " , for a secondary exchange student, means an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:

                     (a)  a declaration made by the student's exchange organisation, accepting the student;

                     (b)  a declaration made by the student's parents, or the person or persons having custody of the student, agreeing to the exchange.

"academic year " means a period that is specified by the Minister as an academic year in an instrument in writing for this definition.

"additional applicant charge " means the charge explained in subregulation 2.12C(4).

"adequate arrangements for health insurance " means arrangements to be covered by health insurance:

                     (a)  that meet the requirements for health insurance specified in an instrument under regulation 1.15L for the purposes of this paragraph; or

                     (b)  if no such requirements are specified--that are adequate in the circumstances.

"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 .

"adverse information " has the meaning given by regulation 1.13A.

"aged care service " has the same meaning as in the Aged Care Act 1997 .

"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)  does not have a spouse or de facto partner; 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.

"airline crew member " means:

                     (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.

"annual market salary rate " , for a proposed occupation nominated under section 140GB of the Act or an occupation in relation to which a position is nominated under regulation 5.19, means the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

"ANZSCO " has the meaning specified by the Minister in an instrument in writing for this definition.

"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 in a legislative instrument made by the Minister in relation to the grant of visas of that class.

"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 provider " has the same meaning as in the Aged Care Act 1997 .

"Arts Minister " means the Minister responsible for administering the National Gallery Act 1975 .

"ASCO " means the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997.

Note:          At the time this definition commenced, the standard was available at http://www.abs.gov.au.

"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.

"assistance notice " means a notice in writing, issued by the Minister, the Secretary or an SES employee or acting SES employee of the Department, in relation to a non-citizen, advising that:

                     (a)  the non-citizen is required in Australia to assist in the administration of criminal justice in relation to human trafficking, slavery or slavery-like practices; and

                     (b)  satisfactory arrangements have been made to meet the cost of keeping the non-citizen in Australia.

"associated entity " , of a person, means an entity that is an associated entity of the person under section 50AAA of the Corporations Act 2001 , determined as if that section applied in relation to entities including a body of the Commonwealth, a State or a Territory.

"associated with " has a meaning affected by regulation 1.13B.

"assurance of support " , in relation to an application for the grant of a visa, means 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 body that was known as the Australian Agency for International Development.

"AusAID Minister " means a Minister who was responsible for administering AusAID.

"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 Subdivision C parenting order; or

(b)    a State child order.

"Australian International Shipping Register " means the Register established by subsection 56(2) of the Shipping Registration Act 1981 .

"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 relative " , for an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

"Australian study requirement " has the meaning given by regulation 1.15F.

"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.

"base application charge " means the charge explained in subregulation 2.12C(3).

"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 .

"business innovation and investment points test " means the test set out in Schedule 7A.

Note:          This test relates to Business Skills (Provisional) (Class EB) visas.

business visitor activity :

                     (a)  means any of the following activities undertaken by a person:

                              (i)  making a general business or employment enquiry;

                             (ii)  investigating, negotiating, entering into, or reviewing a business contract;

                            (iii)  an activity carried out as part of an official government to government visit;

                            (iv)  participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation; but

                     (b)  does not include either of the following activities:

                              (i)  an activity that is, or includes, undertaking work for, or supplying services to, an organisation or other person based in Australia;

                             (ii)  an activity that is, or includes, the sale of goods or services directly to the general public.

Note:          An example for paragraph (b) is making a general business enquiry of an organisation based in Australia and also undertaking work for the organisation as part of investigating a business opportunity.

"carer " has the meaning given by regulation 1.15AA.

"carried out for an excluded employer " : see subregulation 1.15FB(1).

"CEO of Austrade " means the Chief Executive Officer of the Australian Trade and Investment Commission referred to in section 7B of the Australian Trade and Investment Commission Act 1985 .

"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 an electronic system maintained by or on behalf of Immigration.

"close relative " , in relation to a person, means:

                     (a)  the spouse or de facto partner of the person; or

                     (b)  a child, parent, brother or sister of the person; or

                     (c)  a step-child, step-brother or step-sister of the person.

"CNI number " means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of the Australian Crime Commission.

"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.

"complying entrepreneur activity " : see regulation 5.19E.

"complying investment " --see regulation 5.19B.

"complying premium investment " : see regulation 5.19D.

"complying significant investment " : see regulation 5.19C.

"concession period " : see regulation 1.15N.

"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.

"confirmation of enrolment " , in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Education Services for Overseas Students Act 2000 .

"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 child (other than an adopted 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 child (other than an adopted 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.

COVID-19 affected visa means:

                     (a)  a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or

                     (b)  a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2).

"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 " , of a person, means the child or step-child of the person (other than a child or step-child who is engaged to be married or has a spouse or de facto partner), being a child or step-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 or step-child's bodily or mental functions.

"designated APEC economy " means an APEC economy specified in a legislative instrument made by the Minister for the purposes of this definition.

"designated area " means an area specified as a designated area by the Minister in an instrument in writing for this definition.

"designated city or major regional centre " has the meaning given by subregulation 1.15M(1).

designated foreign dignitary means a person to whom subregulation 3.06A(1) or (5) applies.

"designated regional area " means:

                     (a)  a designated city or major regional centre; or

                     (b)  a regional centre or other regional area.

"earnings " has a meaning affected by regulation 2.57A.

"Education " means the Department administered by the Education Minister.

"Education Minister " means the Minister administering the Australian Education Act 2013 .

"education provider " , for a registered course in a location, means each institution, body or person that is a registered provider of the course in that location, for the Education Services for Overseas Students Act 2000 .

electronic communication has the same meaning as in the Electronic Transactions Act 1999 .

"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 is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991 .

"Employment Minister " means the Minister responsible for employment policy, including employment services.

"entertainment sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the entertainment sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

"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.

"eVisitor eligible passport " has the meaning given by regulation 1.11C.

"financial institution " means a body corporate that, as part of its normal activities, takes money on deposit and makes advances of money:

                     (a)  under a regulatory regime:

                              (i)  governed by the central bank (or its equivalent) of the country in which the body corporate operates; and

                             (ii)  that the Minister is satisfied provides effective prudential assurance; and

                     (b)  in a way that the Minister is satisfied complies with effective prudential assurance requirements.

"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 Affairs recipient " : see subregulation 1.04A(2).

"Foreign Affairs student " : see subregulation 1.04A(3).

"foreign armed forces dependant " means a person who:

                     (a)  is the spouse or de facto partner 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 de facto partner, 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.

"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.

"gateway airport " has the meaning given by subregulation 5.41C(3).

"General Skilled Migration visa " means a Subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 491, 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.

"guest of Government " means:

                     (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.

"has an outstanding public health debt " has the meaning given by regulation 1.15K.

"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.

"Hong Kong passport " means a Hong Kong Special Administrative Region of the People's Republic of China passport.

"human trafficking " includes activities such as trafficking in persons, organ trafficking and debt bondage.

"IELTS test " means the International English Language Testing System test.

"Immigration " means the Department administered by the Minister administering the Migration Act 1958 .

"in Australia " means in the migration zone.

"international air carrier " has the meaning given by subsection 504(6) of the Act.

"international traveller " has the meaning given by subregulation 5.41C(3).

"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.

"labour agreement " means a formal agreement entered into between:

                     (a)  the Minister, or the Employment Minister; and

                     (b)  a person or organisation in Australia;

under which an employer is authorised to recruit persons to be employed by that employer in Australia.

"long stay activity sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the long stay activity sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

"long-term partner relationship " , in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner 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 3 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.

"managed fund " means an investment to which all of the following apply:

                     (a)  the investment is made by a member:

                              (i)  acquiring interests in a managed investment scheme (within the meaning of the Corporations Act 2001 ); or

                             (ii)  acquiring a financial product mentioned in paragraph 764A(1)(d), (e) or (f) of the Corporations Act 2001 that may result in a payment from an approved benefit fund (within the meaning of the Life Insurance Act 1995 ), or a statutory fund maintained under the Life Insurance Act 1995 ;

                     (b)  the investment is not able to be traded on a financial market (within the meaning of section 767A of the Corporations Act 2001 );

                     (c)  if the investment is interests in a managed investment scheme--no representation has been made to any member of the scheme that the interests will be able to be traded on a financial market;

                     (d)  the issue of the interest or the financial product is covered by an Australian financial services licence issued under section 913B of the Corporations Act 2001 .

"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 or superyacht:

                     (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 or superyacht while it is at sea, including a supernumerary member of the crew;

                             (ii)  for a ship described in subparagraph (a)(ii) 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 or superyacht while it is in port or dry dock unless that person:

                              (i)  travelled with the ship or superyacht to reach the port or dry dock; or

                             (ii)  travels with the ship or superyacht after completing the work in port or dry dock.

"member of the family unit " has the meaning set out in regulation 1.12.

Note:          For member of the same family unit , see subsection 5(1) of the Act.

"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.

"nomination end day " , in relation to a nomination under subsection 140GB(1) of the Act, means the day 3 months after the sponsorship end day in relation to the nomination.

"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-Internet application charge " means the charge explained in subregulations 2.12C(7) to (9).

"non-military ship " :

                     (a)  means a ship:

                              (i)  that is engaged in:

                                        (A)  commercial trade; or

                                        (B)  the carriage of passengers for reward; or

                             (ii)  that is owned and operated by a foreign government for the purposes of scientific research; or

                            (iii)  that has been accorded public vessel status by Foreign Affairs; or

                            (iv)  that:

                                        (A)  has been imported under section 49A of the Customs Act 1901 ; and

                                        (B)  is registered in the Australian International Shipping Register; or

                             (v)  that:

                                        (A)  has been entered for home consumption under section 71A of that Act; and

                                        (B)  is registered in the Australian International Shipping Register; and

                     (b)  does not include a ship:

                              (i)  that:

                                        (A)  has been imported under section 49A of the Customs Act 1901 ; and

                                        (B)  is not registered in the Australian International Shipping Register; or

                             (ii)  that:

                                        (A)  has been entered for home consumption under section 71A of that Act; and

                                        (B)  is not registered in the Australian International Shipping Register.

"non-monetary benefits " has the meaning given by subregulation 2.57A(3).

"office of Immigration " includes an office occupied by an officer of Immigration at an airport or a detention centre.

"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.

"outstanding " : a parent visa application is outstanding if none of the following has occurred:

                     (a)  the application has been withdrawn;

                     (b)  each decision that has been made in respect of the application is not, or is no longer, subject to any form of review by the Tribunal or judicial review proceedings (including proceedings on appeal);

                     (c)  a decision that has been made in respect of the application was subject to review by the Tribunal or judicial review proceedings (including proceedings on appeal) but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed.

"overseas business sponsor " means a standard business sponsor who was lawfully operating a business outside Australia and was not lawfully operating a business in Australia at the time:

                     (a)  the approval as a standard business sponsor was granted; or

                     (b)  if a term of the approval as a standard business sponsor has been varied--of the most recent variation.

"overseas flight " has the meaning given by subregulation 5.41C(3).

"overseas passenger " means:

                     (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.

"parenting order " has the meaning given by subsection 64B(1) of the Family Law Act 1975 .

"parent sponsor " means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.

"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

                    (aa)  a Resolution of Status (Class CD) 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.

"personal identifier " has the meaning given by section 5A of the Act.

"petroleum " has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"petroleum export tanker crew member " : a person is a petroleum export tanker crew member if:

                     (a)  the person is a member of the crew of a non-military ship; and

                     (b)  the person enters one or more areas while on board the ship to participate in, or support, an offshore resources activity in relation to that area or those areas involving the recovery of petroleum; and

                     (c)  under subsection 9A(1) of the Act, the person is taken, for the purposes of the Act, to be in the migration zone while the person is in the area or those areas to participate in, or support, such an activity; and

                     (d)  before the person so enters the area, or the first of the areas, the ship's last port of departure was a port outside Australia; and

                     (e)  the recovered petroleum will be received by the ship for export; and

                      (f)  the person will depart from the area, or the last of the areas, on board the ship for a port outside Australia.

"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.

"primary sponsored person " has the meaning given by subregulation 2.57(1).

"Prime Minister's Special Envoy for Global Business and Talent Attraction " means the SES employee, or acting SES employee, who occupies, or is acting in, the position of Prime Minister's Special Envoy for Global Business and Talent Attraction.

"professional development sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the professional development sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

"proficient English " has the meaning given by regulation 1.15D.

"program of seasonal work " means arrangements for the performance of seasonal work in Australia that have been approved, in writing, by the Secretary of a Commonwealth Department as a program of seasonal work for the purposes of this definition.

"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.

"protection visa " has the meaning given by section 35A of the Act.

Note:          Section 35A of the Act covers the following:

(a)    permanent protection visas (classified by these Regulations as Protection (Class XA) visas when this definition commenced);

(b)    other protection visas formerly provided for by subsection 36(1) of the Act;

(c)    temporary protection visas (classified by these Regulations as Temporary Protection (Class XD) visas when this definition commenced);

(d)    any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.

                   See also section 36 and Subdivision AL of Division 3 of Part 2 of the Act.

"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.

"regional centre or other regional area " has the meaning given by subregulation 1.15M(2).

"registered course " means a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 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 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 body:

                     (a)  the activities of which reflect that it is a body instituted for the promotion of a religious object; and

                     (b)  the beliefs and practices of the members of which constitute a religion due to those members:

                              (i)  believing in a supernatural being, thing or principle; and

                             (ii)  accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and

                     (c)  that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997 ; and

                     (d)  the income of which is exempt from income tax under section 50-1 of that Act.

"remaining relative " has the meaning set out in regulation 1.15.

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.

"score " , in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test.

"secondary exchange student " means an overseas secondary school student participating in a secondary school student exchange program approved by the State or Territory education authority that administers the program.

"secondary sponsored person " has the meaning given by subregulation 2.57(1).

"Secretary of Social Services " means the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act 1991 .

"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 " has the meaning given by regulation 1.15I.

"Skills Assessment Department " means the Department administered by the Skills Assessment Minister.

"Skills Assessment Minister " means the Minister responsible for skills assessment services.

"Skills Assessment Secretary " means the Secretary of the Skills Assessment Department.

"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 processing area " has the meaning given by subregulation 5.41C(3).

"special program sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the special program sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

"special return criterion " means a criterion set out in a clause 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.

specified Subclass 417 work means work that:

                     (a)  was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FAA; and

                     (b)  was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FAA.

specified Subclass 462 work means work that:

                     (a)  was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FA; and

                     (b)  was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FA.

"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.

"sponsorship end day " , in relation to a nomination under subsection 140GB(1) of the Act, means the day on which the approval as a standard business sponsor of the person who made the nomination ceases.

"standard business sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the standard business sponsor class by the Minister under subsection 140E(1) of the Act.

"statutory function " has the meaning given by subregulation 5.41C(3).

"step-child " , in relation to a parent, means:

                     (a)  a person who is not the child of the parent but who is the child of the parent's current spouse or de facto partner; or

                     (b)  a person who is not the child of the parent but:

                              (i)  who is the child of the parent's former spouse or former de facto partner; and

                             (ii)  who has not turned 18; and

                            (iii)  in relation to whom the parent has:

                                        (A)  a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child's long-term or day-to-day care, welfare and development; or

                                        (B)  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 any of the following subclasses of visa:

                    (aa)  a Subclass 500 (Student) visa;

                     (a)  a Subclass 570 (Independent ELICOS Sector) visa;

                     (b)  a Subclass 571 (Schools Sector) visa;

                     (c)  a Subclass 572 (Vocational Education and Training Sector) visa;

                     (d)  a Subclass 573 (Higher Education Sector) visa;

                     (e)  a Subclass 574 (Postgraduate Research Sector) visa;

                      (f)  a Subclass 575 (Non-Award Sector) visa;

                     (g)  a Subclass 576 (Foreign Affairs or Defence Sector) visa.

Subclass 420 (Entertainment) visa includes a Subclass 420 (Temporary Work (Entertainment)) visa.

Note:          Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa.

Subclass 576 (Foreign Affairs or Defence Sector) visa includes a Subclass 576 (AusAID or Defence Sector) visa.

Note:          Amendments of these Regulations that commenced on 1 July 2014 renamed the Subclass 576 (AusAID or Defence Sector) visa.

"subsequent temporary application charge " means the charge explained in subregulations 2.12C(5) and (6).

substituted Subclass 600 visa means:

                     (a)  a Subclass 600 (Visitor) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 345, 351, 417 or 501J of the Act; or

                     (b)  a Subclass 676 (Tourist) visa that was granted, before 23 March 2013, following a decision by the Minister to substitute a more favourable decision under section 345, 351, 417 or 501J of the Act.

Note:          Before these Regulations were amended on 23 March 2013, a visa described in paragraph (b) was referred to as a "substituted Subclass 676 visa".

"superior English " has the meaning given by regulation 1.15EA.

"superyacht " means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G to be a superyacht.

"superyacht crew sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

"temporary activities sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the temporary activities sponsor class by the Minister under subsection 140E(1) of the Act.

"temporary work sponsor " means any of the following:

                     (a)  a special program sponsor;

                     (b)  an entertainment sponsor;

                     (c)  a superyacht crew sponsor;

                     (d)  a long stay activity sponsor;

                     (e)  a training and research sponsor.

"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.

"training and research sponsor " means a person who:

                     (a)  is an approved work sponsor; and

                     (b)  is approved as a work sponsor in relation to the training and research sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

transitional 457 worker means a person who held a Subclass 457 (Temporary Work (Skilled)) visa at any time occurring on or after 18 April 2017.

transitional 482 worker means a person who on 20 March 2019:

                     (a)  held a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream; or

                     (b)  was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream that was subsequently granted.

"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.

"working age " means:

                     (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.



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