Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person:
(a) is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and
(b) is not a health concern non - citizen; and
(c) is covered by subregulation (2) or (3).
(2) A person is covered by this subregulation if the person is a behaviour concern non - citizen only because of having been excluded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia.
(3) A person is covered by this subregulation if:
(a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and
(b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and
(c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and
(d) the Minister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; and
(e) since the person made the representations to the Minister mentioned in paragraph (b), no new grounds have arisen for the person to fall within the definition of behaviour concern non - citizen in subsection 5(1) of the Act, unless the only new ground that has arisen is the person's removal or deportation from Australia because of the decision to cancel the visa.
(4) For the purposes of paragraph 32(2)(c) of the Act, a declared class of persons for whom a visa of another class would be inappropriate is New Zealand citizens:
(a) who hold a New Zealand passport that:
(i) is in force; and
(ii) is of a kind determined under section 175A of the Act to be an eligible passport for the purposes of Division 5 of Part 2 of the Act; and
(b) who have presented an image of their face and shoulders by presenting themselves to an authorised system and who, as a result, have been satisfactorily identified; and
(c) who are neither behaviour concern non - citizens nor health concern non - citizens.
(5) In this regulation:
"authorised system" means an automated system that is an authorised system for the purposes of section 32 of the Act.