Commonwealth Numbered Regulations

1992 No. 367 MIGRATION (1993) REGULATIONS - REG 1.3

1.3. In these Regulations, unless the contrary intention appears:

"adoption" has the meaning set out in regulation 1.4;
(NOTE: "Adopt" and "adopted" have corresponding meanings: see Acts 
Interpretation Act 1901 , section 18A.)

"aged dependent relative", in relation to an Australian citizen or an
Australian permanent resident, means a relative who:

   (a)  has never married, or is widowed, divorced or formally separated; 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 ; and

   (d)  is usually resident in Australia;

"aged parent" means a parent who is old enough to be granted an age pension
under the Social Security Act 1991;

"AIDAB" means the Australian International Development Assistance Bureau
within Foreign Affairs;

"approved appointment" means an appointment that, under subregulation 7.10
(1), is an approved appointment for the purpose of these Regulations;

"approved form" means a form approved by the Minister under section 175 of the
Act, and a reference to an approved form by number is a reference to the form
so approved and numbered;

"assisted student" means:

   (a)  a student who has been granted entry to Australia for study or
        training for the purposes of the Subsidised Overseas Students Program
        administered by Education; or

   (b)  a student granted entry to Australia for study or training in
        Australia under EMSS; or

   (c)  a student granted entry to Australia for study or training under a
        scholarship scheme, or a training program, that is approved by AIDAB;

"assurance of support", in relation to an application for the grant of a visa
or an entry permit, means an assurance of support under Part 5;

"Australian permanent resident" means a non-citizen other than an illegal
entrant who, being usually resident in Australia, is:

   (a)  the holder of:

        (i)    a permanent entry permit; or

        (ii)   a visa of any of the following Groups:

   (a)  Group 1.1 (migrant);

   (b)  Group 1.3 (permanent resident (refugee and humanitarian));

   (c)  Group 1.4 (resident return (permanent entry)); or

        (iii)  a visa granted under the Migration (1989) Regulations that is:

                (A)  endorsed with a return endorsement; or

                (B)  equivalent to a visa of a kind stated in subparagraph
                     (ii); or

   (b)  a person who:

        (i)    is likely to remain permanently in Australia; and

        (ii)   is a person, or is included in a class of persons,
referred to in paragraph (e) of the definition of "exempt non-citizen" in
subsection 4 (1) of the Act; or

   (c)  a person, other than a person to whom subparagraph (b) (ii) applies,
        whose continued presence in Australia is not subject to a limitation
        as to time imposed by law;

"balance of family test" has the meaning set out in regulation 1.5;

"business skills points test" means the test set out in Schedule 8;

"category A course" means a course of study listed as a category A course in
the Commonwealth Register of Institutions and Courses for Overseas Students
kept under section 5 of the Education Services for Overseas Students
(Registration of Providers and Financial Regulation) Act 1991;

"category A student" means a student who holds a Class 560 (student (category
A)) visa or entry permit;

"category B course" means a course of study listed as a category B course in
the Commonwealth Register of Institutions and Courses for Overseas Students
kept under section 5 of the Education Services for Overseas Students
(Registration of Providers and Financial Regulation) Act 1991;

"category B student" means a student who holds a Class 561 (student (category
B)) visa or entry permit;

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

   (a)  the spouse of the person; or

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

   (c)  a step-child, adopted step-child, step-parent, step-brother or
        step-sister of the person;

"Commissioner" means a Commissioner appointed under section 57 of the Act;

"condition" means a condition set out in a clause of Schedule 9, and a
reference to a condition by number is a reference to the condition set out in
the clause so numbered in that Schedule;

"CTC" means a Central Committee within the meaning of Part II, III, IV, V or
VIA of the Tradesmen's Rights Regulation Act 1946;

"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;

"declared body" means a declared body for the purposes of regulation 1.18;

"de facto spouse" has the meaning set out in regulation 1.6;

"dependent", in relation to a person, means wholly or substantially dependent
on another person for financial, psychological or physical support;

"dependent child" means the natural or adopted child of a person (other than a
child who is a spouse or engaged to be married), being a child:

   (a)  who:

        (i)    has not turned 18; and

        (ii)   is wholly or substantially in the daily care and control of
               that person; or

   (b)  who:

        (i)    has turned 18; and

        (ii)   is dependent on that person; or

   (c)  who is wholly or substantially incapacitated for work because of a
        physical or mental impairment;

"designated English language course" means an English language course
specified by the Minister in a notice published in the Gazette;

"designated industry sector" means a sphere of business activity specified by
the Minister in a notice published in the Gazette;

"Education" means the Department of Employment, Education and Training;

"Education Minister" means the Minister of State for Employment, Education and
Training;

"EMSS" means Equity and Merit Scholarship Scheme;

"Entry Control Point" means a place that is:

   (a)  a place approved under regulation 1.19 as an entry control point; or

   (b)  a port;
(NOTE: Under the Act, "port" includes an airport.)

"entry permit", in a reference to a holder of an entry permit of a specified
class or group, includes an entry visa of that class or group currently having
effect as an entry permit;

"entry visa" has the same meaning as in subsection 17 (5) of the Act;

"Equity and Merit Scholarship Scheme" means the scholarship scheme of that
name administered by AIDAB;

"exchange student" means an overseas secondary school student participating in
a secondary school student exchange program approved by:

   (a)  the State or Territory education authority that administers the
        program; and

   (b)  the Education Minister;

"Foreign Affairs" means the Department of Foreign Affairs and Trade;

"Foreign Minister" means the Minister of State for Foreign Affairs and Trade;

"formal course", in relation to the holder of a visa or entry permit granted
before 1 February 1991, means:

   (a)  a course of study at a primary or secondary school approved, or within
        a class of schools approved, by the Education Minister in writing for
        the
purposes of the definition of "formal course" in subregulation 2 (1) of the
Migration (1989) Regulations; or

   (b)  any course of study approved in writing by the Education Minister as a
        formal course for the purposes of that definition; or

   (c)  a course of study at a technical and further education institution, or
        at a higher education institution, leading to a formal award such as a
        degree or diploma;

"Gazette Notice" means a notice under regulation 1.16;

"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;

"holder", in relation to a person holding a visa or entry permit of a
particular group or class, has the meaning set out in regulation 1.12;

"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;

"illegal entrant criterion" means a criterion set out in a clause of Schedule
6, and a reference to an illegal entrant criterion by number is a reference to
the criterion set out in the clause so numbered in that Schedule;

"Immigration" means the Department of Immigration, Local Government and Ethnic
Affairs;

"labour agreement" means:

   (a)  a formal agreement entered into between the Minister, or the Education
        Minister, and a person or organisation in Australia under which an
        employer is authorised to recruit persons (other than the holders of
        permanent entry permits) to be employed by that employer in Australia;
        or

   (b)  a formal agreement entered into between the Minister and a sporting
        organisation under which the sporting organisation is authorised to
        recruit persons (other than the holders of permanent entry permits) to
        take part in the sporting activities of the sporting organisation,
        whether as employees or otherwise;

"labour market requirements" has the meaning set out in regulation 1.7;

"marital relationship" includes a de facto relationship;

"member of the family unit" has the meaning set out in regulation 1.8;

"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; (NOTE:
The Migration (1989) Regulations are listed in full in Schedule 12. They are
repealed by the present Regulations but continue to apply to certain matters.
See regulations 8.1 and 8.2.)

"net employment benefit" has the meaning set out in regulation 1.9;

"nomination" means a nomination in accordance with the relevant approved form;

"non-formal course", in relation to the holder of a visa or entry permit
granted before 1 February 1991, means a course of study or training other than
a formal course;

"non-formal course student", in relation to a visa or entry permit granted
before 1 February 1991, means a person granted entry to Australia to attend a
full-time non-formal course of study;

"NOOSR" means the National Office of Overseas Skills Recognition within
Education;

"occupational trainee" means a person who is in Australia as the holder of a
Class 442 (occupational trainee) entry permit;

"Occupations Requiring English list" means the list mentioned in subregulation
1.13 (2);

"orphan relative" has the meaning set out in regulation 1.10;

"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 on board
        the vessel:

        (i)    who was on board the vessel when it left a place outside
               Australia at the commencement of, or during the course of, the
               voyage; and

        (ii)   whose journey in the vessel ends in Australia; or

   (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;

"parent" includes an adoptive parent and a step-parent;

"passenger card" means a card approved by the Minister for the purpose of
facilitating the provision by a person of information relating to the person
or to another person, being information required for purposes relating to
entry to or departure from Australia;

"permanent entry permit" means:

   (a)  an entry permit that is of a class specified in Part 1 of Schedule 1;
        or

   (b)  an entry permit that otherwise has effect without limitation as to
        time; or

   (c)  an entry visa that is operating as an entry permit of a class
        specified in Part 1 of Schedule 1;

"permanent entry visa" means an entry visa that operates as, or is capable of
operating as, a permanent entry permit;

"points system" means:

   (a)  in relation to an application for a visa - the system of assessment
        under Subdivision B of Division 2 of Part 2 of the Act; and

   (b)  in relation to an application for an entry permit - the system of
        assessment under section 41 of the Act;

"PRC" means the People's Republic of China;

"prescribed disease" means a disease specified in regulation 7.11;

"prescribed form" means a form set out in Schedule 11, and a reference to a
prescribed form by number is a reference to the form so numbered in that
Schedule;

"prescribed non-citizen" means:

   (a)  a person to whom a visa or entry permit was granted before 1 February
        1991 who:

        (i)    was a prescribed non-citizen within the meaning of subsection
               47 (7) of the Act as in force during the period from 19
               December 1989 to the end of 25 December 1991 at any time during
               that period; or

        (ii)   was a prescribed immigrant within the meaning of paragraph 6A
               (4) (c) of the Act as in force on 1 April 1984; or

        (iii)  was a prescribed non-citizen within the meaning of paragraph 6A
               (4) (c) of the Act as in force on 18 December 1989; or

        (iv)   is an assisted student or a trainee (other than a person who
               holds a student (formal course) (code number 553) visa or entry
               permit); or

        (v)    is the holder of a student (restricted) (code number 556) visa
               or entry permit; or

        (vi)   is the holder of a temporary entry permit granted only because
               the person is a member of the family unit of a person referred
               to in subparagraph (i), (ii), (iii), (iv) or (v); or

   (b)  an assisted student, an exchange student, a category B student or an
        occupational trainee; or

   (c)  a person who holds a temporary entry permit granted only because of
        membership of the family unit of a person referred to in paragraph
        (b); or

   (d)  the holder of a temporary entry permit who, immediately before the
        grant of that permit, was:

        (i)    a person referred to in paragraph (b) of the definition
of "exempt non-citizen" in subsection 4 (1) of the Act; or

        (ii)   a member of the family unit of a person of that kind;

"prescribed physical or mental condition" means a physical or mental condition
specified in regulation 7.11;

"prescribed temporary entry permit" means a temporary entry permit:

   (a)  granted before 19 December 1989; or

   (b)  applied for before 19 December 1989 and granted under the provisions
        of the Act continued in force by subsection 6 (4) of the
        Migration Legislation  Amendment Act 1989 ;
(NOTE: The term "temporary entry permit" is defined in subsection 4 (1) of the
Act.)

"primary person", in relation to a visa or entry permit, means a person whose
entitlement to be granted that visa or entry permit is not dependent on:

   (a)  another applicant meeting the prescribed criteria for the grant of a
        visa or entry permit of the same class; or

   (b)  another person holding a visa or entry permit of the same class;

"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;

"public interest criterion" means a criterion set out in a clause 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 Schedule;

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

   (a)  in the case of an applicant for a visa or an entry permit as a
        refugee, a Class 305 (interdependency (temporary)) visa or
        entry permit, a Class 826 (extended eligibility (interdependency))
        visa or entry permit or a Class 814 (interdependency (permanent))
        entry permit:

        (i)    a close relative; or

        (ii)   a grandparent, grandchild, aunt, uncle, niece or nephew, or a
               step-relative within the same degree of relationship; or

        (iii)  a first or second cousin; or

   (b)  in any other case - a person within a degree of relationship referred
        to in paragraph (a), other than a first or second cousin;
(NOTE: "Close relative" is defined in this regulation: see above.)

"remaining relative" has the meaning set out in regulation 1.11;

"return endorsement" means a return endorsement under the Act as in force
immediately before 18 December 1987;

"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 19;

"secondary person", in relation to a visa or entry permit, means a person
whose entitlement to be granted that visa or entry permit is dependent on:

   (a)  another applicant meeting the prescribed criteria for the grant of a
        visa or entry permit of the same class; or

   (b)  another person holding a visa or entry permit of the same class;

"section 47 temporary entry permit" means an entry permit that is a valid
temporary entry permit for the purposes of section 47 of the Act; (NOTE:
Entry permits to which this definition applies are:

   (a)  temporary entry permits granted before 19 December 1989; and

   (b)  Group 2.5 (extended eligibility) entry permits; and

   (c)  Group 2.7 (provisional) entry permits; and

   (d)  Class 773 (border), and Class 825 (processing), entry permits that are
        not subject to condition 9203.)

"settled", in relation to an Australian citizen or an Australian permanent
resident, means lawfully resident in Australia for a reasonable period;

"special need relative", in relation to an Australian citizen usually resident
in Australia or an Australian permanent resident usually resident in
Australia, means a relative who is willing and able to provide substantial and
continuing assistance to the citizen or resident if:

   (a)  the citizen or resident has a permanent or long-term need for
        assistance because of death, disability, prolonged illness or other
        serious circumstances affecting the citizen or resident personally, or
        a member of his or her family unit; and

   (b)  the assistance cannot reasonably be obtained from:

        (i)    any other relative of the citizen or resident, being a relative
               who is an Australian citizen or an
               Australian permanent resident; or

        (ii)   welfare, hospital, nursing or community services in Australia;

"special re-entry criterion" means a criterion set out in a clause of Schedule
5, and a reference to a special re-entry criterion by number is a reference to
the criterion set out in the clause so numbered in that Schedule;

"sponsor", when used as a noun, in relation to an applicant for a visa or
entry permit, means a person who enters into a sponsorship in relation to the
application;
(NOTE: "Sponsor" when used as a verb has a corresponding meaning: see Acts 
Interpretation Act 1901 , section 18A.)

"sponsorship", in relation to an applicant for a visa or an entry permit,
means an undertaking of the kind mentioned in subregulation 1.20 (1);

"spouse" means:

   (a)  a person who has entered into a marriage recognised as valid for the
        purposes of the Act, if:

        (i)    the marriage has not been ended by divorce or the death of one
               of the parties; and

        (ii)   the parties are not living separately and apart on a permanent
               basis; or

   (b)  a de facto spouse;

"subsidised student" means a student enrolled in a course of study in respect
of which the student is subsidised under the Subsidised Overseas Student
Program administered by Education;

"temporary entry permit" means:

   (a)  an entry permit of a class specified in Part 2 of Schedule 1; or

   (b)  an entry visa operating as an entry permit of a class specified in
        that Part;

"terminating condition" means a condition specified in Part 1 of Schedule 9;

"the Act" means the Migration Act 1958;

"trainee", in the case of a visa or entry permit granted before 1 February
1991, means a person:

   (a)  in respect of whom the Education Minister has approved participation
        in occupational training in Australia; and

   (b)  who has been granted a visa or an entry permit to enable such
        participation;

"vocational proficiency in English" has the meaning set out in subregulation
1.13 (1);

"work", in relation to a visitor visa or a visitor entry permit, 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;

"working age parent" means a parent other than an aged parent.