Commonwealth Numbered Regulations

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1992 No. 367 MIGRATION (1993) REGULATIONS - SCHEDULE 9

                      SCHEDULE 9       Subregulations 2.2 (3) and (5)

VISA AND ENTRY PERMIT CONDITIONS (NOTE: 1. Whether a visa or entry permit of a
particular class may be made subject to any of these conditions depends on the
relevant provision in Schedule 2 or 3.
2. If the holder of a visa or entry permit breaches a condition to which that
visa or entry permit is subject, the Minister may cancel the visa or entry
permit: see r.17 (2).)
PART 1 - TERMINATING CONDITIONS 9101. The holder must not perform work in
Australia without the permission in writing of the Secretary. 9102. The holder
must not engage in work in Australia (other than in relation to the holder's
course of study or training) without the approval in writing of the Secretary.
9103. The holder must not receive salary in Australia without the permission
in writing of the Secretary. 9104. The holder must not engage in work for more
than 20 hours a week during the holder's stay in Australia. 9105. The holder
must not engage in work in Australia (other than in relation to the holder's
course of study or training) for more than 20 hours a week during any week
when the institution at which the holder is studying is in session. 9106. The
holder must not undertake any course of formal study or training while in
Australia. 9107. The holder must satisfy course requirements. 9108. The holder
must satisfy course requirements, and maintain a valid enrolment, at the
institution where the holder is following a course of study. 9109. The holder
must maintain adequate arrangements for health insurance during the period of
stay in Australia. 9110. The holder must maintain adequate arrangements for
the education of any school-age dependent of the holder who is in Australia
for more than 3 months as the holder (as a secondary person) of Class 560 or
Class 561 entry permit, as the case requires. 9111. Adequate arrangements for
the education of the holder while the holder is in Australia must be
maintained. 9112. The holder must leave Australia by specified transportation
on a specified day or within a specified period. 9113. During the period of
validity of the visa or entry permit, there must be no material change in the
circumstances on the basis of which it was granted. 9114. If the holder is
shown by records kept by Immigration to have entered Australia on or before 20
June 1989 and to have been in Australia on that day, the holder must not
travel to PRC during the currency of the visa or entry permit.
PART 2 - OTHER CONDITIONS 9201. If the visa is granted as an entry visa, it
will be taken, despite section 18 of the Act, not to be a valid
temporary entry permit for the purposes of section 47 of the Act. 9202. If the
visa is granted as a travel-only visa, an entry permit of the same class
granted to the holder of the visa is not to be taken to be a valid
temporary entry permit for the purposes of section 47 of the Act. 9203. The
entry permit will be taken not to be a valid temporary entry permit for the
purposes of section 47 of the Act. 9204. The holder of the visa must not marry
before entering Australia. 9205. The holder of the visa must not arrive in
Australia, or enter Australia, before the arrival in Australia, or entry to
Australia, of a person specified in the visa. 9206. After entry to Australia,
the holder must satisfy relevant public interest criteria within such period
as is specified in the visa or entry permit. 9207. The holder must enter into
the marriage in relation to which the visa or entry permit was granted within
6 months of the later of the following dates:

   (a)  the date of the holder's initial arrival in Australia; or

   (b)  the date of the grant of the entry permit. 9208. The relevant
        primary person must enter into the marriage in relation to which the
        Class 300 visa or entry permit held by the relevant primary person was
        granted within 6 months of the later of the following dates:

   (a)  the date of the relevant primary person's initial arrival in
        Australia; or

   (b)  the date of the grant to the relevant primary person of the
        entry permit. 9209. After arrival in Australia, the holder must
        satisfy the requirement referred to in paragraph 301.321 (b) of
        Schedule 2 within such period as is specified in the visa or
        entry permit. 9210. After arrival in Australia, the relevant
        primary person must satisfy the requirement referred to in paragraph
        301.321 (b) of Schedule 2 within such period as is specified in the
        Class 301 visa or entry permit granted to the relevant primary person.
        9211. After entry to Australia, all relevant members of the family
        unit must satisfy the relevant public interest criteria within the
        period is specified in the Class 302 or Class 303 visas or
        entry permits that are granted to those members of the family unit.
        9212. The holder must not become involved in activities disruptive to,
        or violence threatening harm to, the Australian community or a group
        within the Australian community. 9213. The holder must not, in
        Australia, engage in an activity that in Australia normally attracts
        remuneration without the written permission of the Secretary. 9214.
        The holder must not, in Australia, engage in an activity that in
        Australia normally attracts remuneration, being an activity unrelated
        to the training in respect of which the visa was granted, without the
        written permission of the Secretary. 9215. Unless the Secretary gives
        permission in writing to do otherwise, the holder must only undertake
        work in Australia that is relevant to the conduct of the business, or
        performance of the tasks, specified in the visa application. 9216. The
        holder must not change employer or occupation in Australia without the
        permission in writing of the Secretary. 9217. The holder must not be
        employed in Australia by any 1 employer for more than 3 months without
        the permission in writing of the Secretary. 9218. The holder must not
        change details of times and places of engagements to be undertaken in
        Australia, as submitted in relation to the stay in Australia to which
        the visa or entry permit relates, without the prior permission in
        writing of the Secretary. 9219. The holder:

   (a)  must not undertake employment in Australia except in the household of
        the employer in relation to whom the visa or entry permit was granted;
        and

   (b)  except with the permission in writing of the Foreign Minister, must
        not remain in Australia after the permanent departure of that
        employer. 9220. The holder must not:

   (a)  undertake employment in Australia except in the household of the
        employer who is the holder's sponsor in relation to the visa or
        entry permit; or

   (b)  remain in Australia after the permanent departure of that employer.
        9222. The holder must not cease to be a person who would be eligible
        for the grant of the visa or entry permit. 9223. If the visa was
        granted on the basis that the holder was the spouse of, or a
        dependent child of, another holder of a Class 437 visa or
        entry permit, the holder must not cease to be the spouse of, or a
        dependent child of, that other holder, as the case requires. 9224. If
        the visa or entry permit is a Class 428 (religious worker) visa or
        entry permit granted for a period of stay not exceeding 6 months, the
        holder cannot, after entering Australia, be granted:

   (a)  an entry permit, or a further entry permit, which would permit the
        holder to remain in Australia for a period of more than 6 months from
        the date on which the holder entered Australia; or

   (b)  a Class 805 (skilled occupation) entry permit. 9225. In spite of
        anything in the Act, the holder will not, after entering Australia, be
        entitled to be granted an entry permit, or a further entry permit,
        while the holder remains in Australia. 9226. The holder must leave
        Australia not later than the time of departure of the primary person.
        9227. Each secondary person in relation to the holder (being a spouse
        of the holder, an unmarried child of the holder who has not turned 18,
        or person intending to marry the holder not later than 3 months after
        entering Australia) who is is, on that account, the holder of a Class
        560 or 561 entry permit, as the case requires, must leave Australia
        not later than the time of departure of the holder. 9228. The holder
        must notify the Secretary, not earlier than 7 days before, and not
        later than the day of, the expiry of the visa or entry permit, of the
        holder's place of residence in Australia by posting the notification
        to the Head Office of Immigration in the Australian Capital Territory.
        9229. The holder must enter into the marriage in relation to which the
        visa or entry permit was granted within 3 months of the later of the
        following dates:

   (a)  the date of the holder's arrival in Australia; or

   (b)  the date of the grant of the entry permit. 9230. The relevant
        primary person must enter into the marriage in relation to which the
        Class 300 visa or entry permit held by the relevant primary person was
        granted within 3 months of the later of the following dates:

   (a)  the date of the relevant primary person's initial arrival in
        Australia; or

   (b)  the date of the grant to the relevant primary person of the
        entry permit. 


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