Commonwealth Numbered Regulations

1994 No. 263 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 5

5.1 Omit the regulation, substitute: Exempt visas

"5. (1) For the purposes of the definition of 'exempt visa' in subsection 3
(2) of the Act, the following visas are prescribed:

   (a)  visas, as mentioned in the Migration Regulations, of the following
        classes and subclasses:

        (i)    Adoption (Migrant) (Class AA);

        (ii)   Parent (Migrant) (Class AX);

        (iii)  Preferential Relative (Migrant) (Class AY);

        (iv)   Return (Residence) (Class BB);

        (v)    Territorial Asylum (Residence) (Class BE);

        (vi)   Subclass 805 (Skilled);

        (vii)  Subclass 806 (Family);

        (viii) Subclass 808 (Confirmatory (Residence));

        (ix)   Subclass 814 (Interdependency);

        (x)    Subclass 866 (Protection);

   (b)  Transitional (Permanent) visas the applications for which are
        constituted by applications made before 1 September 1994 for entry
        permits specified in subregulation (2);

   (c)  visas specified in subregulation (3).



"(2) For the purposes of paragraph (1) (b), the following entry permits, as
mentioned in the Migration (1993) Regulations, are specified:

   (a)  a Group 1.2 (permanent resident (after entry)) entry permit of any of
        the following classes:

        (i)    Class 800 (territorial asylum);

        (ii)   Class 805 (skilled occupation);

        (iii)  Class 806 (family and other close ties (after entry));

        (iv)   Class 808 (confirmatory);

        (v)    Class 810 (refugee (permanent));

        (vi)   Class 812 (December 1989 (permanent));

        (vii)  Class 814 (interdependency (permanent));

        (viii) Class 815 (PRC (permanent));

        (ix)   Class 816 (special (permanent));

        (x)    Class 817 (protection (permanent));

        (xi)   Class 818 (highly qualified on-shore (permanent));

   (b)  a permanent entry permit for which application was made at an Entry
        Control Point by presentation of a travel-only visa in accordance with
        paragraph 2.28 (1) (b) of those Regulations.



"(3) For the purposes of paragraph (1) (c), the following visas, as mentioned
in the Migration (1993) Regulations, are specified:

   (a)  a Group 1.1 (migrant) visa of any of the following classes:

        (i)    Class 102 (adoption);

        (ii)   Class 103 (parent);

        (iii)  Class 104 (preferential family);

   (b)  a Class 431 (restricted passport) visa, if the application for the
        Group 1.1 visa constituting the Class 431 visa application is for a
        visa of a class specified in paragraph (a);

   (c)  a Group 1.4 (resident return (permanent entry)) visa.".