Commonwealth Numbered Regulations

1993 No. 19 MIGRATION (1993) REGULATIONS (AMENDMENT) - REG 30

30. 1 Note to heading to Schedule 2: Omit the note, substitute:

"(NOTE: This Schedule is divided into Chapters, each of which deals with visas
and entry permits in a single group. Each Chapter is divided into Parts, each
of which deals with visas and entry permits in a single class.)
CHAPTER 1.1-MIGRANT VISAS AND ENTRY PERMITS".
30. 2 Paragraph 100.322 (1) (a): Omit "or:", substitute "or".
30. 3 Paragraph 100.322 (1) (b): Omit the paragraph, substitute:

"(b) if the applicant's spouse has not turned 18-by a parent or guardian of
that spouse who:

        (i)    has turned 18; and

        (ii)   is an Australian citizen or an Australian permanent resident.".
30. 4 Paragraph 100.322 (2) (a): Omit "or:", substitute "or".
30. 5 Paragraph 100.322 (2) (b): Omit the paragraph, substitute:

"(b) if the applicant's intended spouse has not turned 18-by a parent or
guardian of that intended spouse who:

        (i)    has turned 18; and

        (ii)   is an Australian citizen or an Australian permanent resident.".
30. 6 Clause 100.331: Omit "clause 100.321", substitute "clause 100.322".
30. 7 Paragraphs 101.321 (a), (b) and (c): Omit the paragraphs, substitute:

"(a) either:

        (i)    the natural child of an Australian citizen or an Australian
               permanent resident; or

        (ii)   a child who was adopted overseas by a person who, when the
               applicant was adopted, was not an Australian citizen or
               Australian permanent resident, but who subsequently became an
               Australian citizen or Australian permanent resident; and

   (b)  a dependent child of the Australian citizen or Australian permanent
        resident referred to in subparagraph (a) (i) or (ii).".
30. 8 Clause 102.331: Omit "clause 102.321", substitute "clause 102.322".
30. 9 Paragraph 103.322 (3) (c): Omit all the words before subparagraph (i),
substitute:

"(c) if the child has a cohabiting spouse but the spouse has not turned 18-a
person who:".
30. 10 Clause 103.331: Omit "paragraph 103.321 (b)", substitute "clause
103.322".
30. 11 Subparagraph 104.321 (2) (b) (i): Omit the subparagraph, substitute:

"(i) if the Australian relative has turned 18 and is a settled Australian
citizen or a settled Australian permanent resident-by the Australian relative;
or".
30. 12 Subparagraph 104.321 (3) (b) (i): Omit the subparagraph, substitute:

"(i) if the Australian relative has turned 18-by the Australian relative; or".
30. 13 Clause 105.338: Omit the clause, substitute:

"105.338 Approval of the application would not result in either:

   (a)  the number of Class 105 visas granted in a financial year exceeding
        the maximum number of Class 105 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 105)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30. 14 Clause 126.332: Omit the clause, substitute:

"126.332 Approval of the application would not result in either:

   (a)  the number of Class 126 visas granted in a financial year exceeding
        the maximum number of Class 126 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 126)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30. 15 Clause 127.327: Omit "a Class 127 entry visa", substitute "a Class 127
entry permit".
30. 16 Clause 127.329: Omit "a business skills visa or entry permit",
substitute "a Class 127 visa or entry permit".
30. 17 Clause 127.335: Omit ", whether an applicant for a Class 127 visa or
not,", substitute "who is an applicant for a Class 127 visa".
30. 18 Clause 127.335: Add at the end:

"(2) Each member of the family unit of the applicant who is not an applicant
for a Class 127 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4010; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria.".
30. 19 Clause 128.324: Omit "a Class 128 entry visa", substitute "a Class 128
entry permit".
30. 20 Clause 128.326: Omit "a business skills visa or entry permit",
substitute "a Class 128 visa or entry permit".
30. 21 Clause 128.335: Omit ", whether an applicant for a Class 128 visa or
not,", substitute "who is an applicant for a Class 128 visa".
30. 22 Clause 128.335: Add at the end:

"(2) Each member of the family unit of the applicant who is not an applicant
for a Class 128 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4010; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria.".
30. 23 After Part 128, insert:

"PART 129-CLASS 129 (STATE/TERRITORY SPONSORED BUSINESS
SKILLS) VISA AND ENTRY PERMIT
(PRIMARY PERSON)
129.1 INTRODUCTION
129.11 Group: 1.1 (migrant).
129.12 Persons eligible to apply as primary persons: Certain persons having
proprietorial business skills. (NOTE: For provisions relating to secondary
persons, see Part 011 of Schedule 3.)
129.13 Interpretation
129.131 (1) In this Part:
'appropriate regional authority', in relation to an applicant, means the
Department or authority (if any), being a Department or authority of the State
or Territory in which the applicant intends to develop a business, that is
specified for the purposes of this Part by Gazette Notice;
'AUD', in relation to an amount of money, means Australian dollars;
'fiscal year', in relation to a business or principal business, means:

   (a)  if there is applicable to the business or principal business 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 principal business.

(2) For the purposes of this Part, a person is taken to have an interest in a
business as the owner of that business if he or she has an interest in the
business:

   (a)  as a proprietor; or

   (b)  as a shareholder; or

   (c)  of a kind that the Minister is satisfied is equivalent to the interest
        of a proprietor or shareholder.
129.2 STATE/TERRITORY SPONSORED BUSINESS SKILLS VISA-PRELIMINARY
129.21 When and where may application and grant be made?
129.211 A Class 129 visa may be:

   (a)  applied for, and granted to, a person only outside Australia; and

   (b)  granted either as a travel-only visa or as an entry visa.
129.22 Validity (visa)
129.221 Journey(s) to Australia: Multiple.
129.222 Time limits for use: As determined by the Minister in the particular
case.
129.223 Operation as an entry permit (entry visa only): As per clause 129.521.
129.3 STATE/TERRITORY SPONSORED BUSINESS SKILLS VISA (BEFORE ENTRY) (NOTE: The
purpose of the grant of a Class 129 visa before entry is, first, to authorise
travel to Australia and, second, to authorise entry to Australia (entry visa)
or to serve on arrival as an application for a Class 129 entry permit
(travel-only visa).)
129.31 Application (visa-before entry)
129.311 The application must be made in accordance with approved form 47,
approved form 928, approved form 927, approved form 926 and approved form 950.
(NOTE: Before an application will be considered, it must be lodged in
accordance with regulation 2.13 and the fee specified in clause 129.811 must
be paid (Act, subsection 24 (1)).)
129.32 Criteria to be satisfied at time of application (visa-before entry)
129.321 The applicant has an interest, as an owner, in a business or
businesses.
129.322 (1) The applicant has overall had a successful business career.

(2) In any 3 fiscal years in the 4 fiscal years immediately preceding the
making of the application, the net assets of:

   (a)  the applicant; or

   (b)  the applicant and his or her spouse together; in a business or
        businesses were not less than the equivalent of AUD 200,000 in each of
        those years.
129.323 In any 3 fiscal years in the 4 fiscal years immediately preceding the
making of the application, the applicant, as the owner of an interest in his
or her principal business, maintained direct and continuous involvement in
management of that business from day to day and in making decisions that
affected the overall direction and performance of that business.
129.324 The applicant's principal business did not make a trading loss in more
than 1 of the 4 fiscal years immediately preceding the making of the
application.
129.325 If the applicant was engaged, for 3 or more of the 4 fiscal years
immediately preceding the making of the application, in a business providing
professional, technical or trade services, the applicant was directly engaged
in the provision of the services, as distinct from the general direction of
the operation of the business, for no more than half the time spent by the
applicant from day to day in the conduct of the business.
129.326 (1) The applicant has notified the appropriate regional authority of:

   (a)  the applicant's business history; and

   (b)  the applicant's intention to develop a business in the State or
        Territory.

(2) The applicant submits an approved form 950 from an appropriate regional
authority stating that the authority will consider sponsoring the applicant.

(3) The approved form 950 must:

   (a)  be signed by an officer of the appropriate regional authority who is
        authorised to sign those forms; and

   (b)  bear the seal of the authority.
129.327 The applicant genuinely has a realistic commitment, after entry to
Australia as the holder of a Class 129 entry permit:

   (a)  to either:

        (i)    establish in Australia a business that will benefit the
               Australian economy; or

        (ii)   participate as the owner of, or a shareholder in, an existing
               business in Australia; and

   (b)  to maintain direct and continuous involvement in management of that
        business from day to day and in making decisions that affect the
        overall direction and performance of the business; in a manner that
        benefits the Australian economy.
129.328 The applicant does not have a history of involvement in business
activities that are of a nature that is not generally acceptable in Australia.
129.329 The applicant signs a declaration in a form approved by the Minister
that the applicant acknowledges the Government's requirements in relation to
entry to Australia as the holder of a Class 129 visa or entry permit.
129.33 Criteria to be satisfied at time of decision (visa-before entry)
129.331 The applicant continues to satisfy the criteria specified in clauses
129.321 to 129.328.
129.332 (1) The applicant's score on the business skills points test is not
less than the number of points that is specified for the purposes of this
paragraph by Gazette Notice.

(2) For the purposes of subclause (1):

   (a)  an applicant's score on the business skills points test is the sum of
        the applicant's scores under:

        (i)    Division 1 of Part 1 of Schedule 8; and

        (ii)   Parts 2, 3, 4 and 5 of that Schedule; and

   (b)  an applicant's score under a Division or Part of Schedule 8 is the
        number of points specified in that Division or Part in relation to the
        attribute described in the Division or Part that relates to the
        applicant:

        (i)    in the case of an attribute specified in Part 3 of Schedule
               8-at the time when the application is decided; and

        (ii)   in the case of any other attribute-at the time when the
               application is made; and if there is more than 1 attribute of
               that kind, the highest single number of points so specified;
               and

   (c)  in determining the score of an applicant under Part 4 of Schedule 8,
        only assets available for transfer, and capable of being transferred,
        to Australia within 2 years after the date of the issue to the
        applicant of a Class 129 visa are to be taken into account.
129.333 The applicant satisfies public interest criteria 4001 to 4006, 4009
and 4010.
129.334 If the applicant has previously been in Australia, the applicant meets
special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.
129.335 (1) Each member of the family unit of an applicant who is an applicant
for a Class 129 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4009; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria; and

   (c)  if the person has previously been in Australia, meets special re-entry
        criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.

(2) Each member of the family unit of the applicant who is not an applicant
for a Class 129 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4010; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria.
129.336 If:

   (a)  either:

        (i)    the family unit of the applicant includes a dependent child who
               is an applicant, as a secondary person, for a Class 129 visa;
               or

        (ii)   a child who:

                (A)  is usually resident with the applicant; and

                (B)  has not turned 18;
is an applicant, as a secondary person, for a Class 129 visa; and

   (b)  the applicant is the relevant primary person in relation to that
        application; the Minister is satisfied that the grant of the visa to
        the child would not prejudice the rights and interests of any other
        person who has custody or guardianship of, or access to, the child.
129.337 (1) The applicant has the written sponsorship on approved form 949 of
an appropriate regional authority.

(2) The sponsorship must:

   (a)  be given by the appropriate regional authority by which the approved
        form 950 was given to the applicant; and

   (b)  be signed by an officer of the authority who is authorised to sign
        approved forms 949; and

   (c)  bear the seal of the appropriate regional authority; and

   (d)  be lodged by the applicant within 90 days of the date on which
        lodgment of the approved form 949 is requested by the Department; and

   (e)  be the first approved form 949 lodged by the applicant for the
        purposes of his or her application.
129.34 Conditions (visa-before entry)
129.341 Mandatory conditions: Nil.
129.342 Discretionary conditions: Any applicable conditions set out in
Schedule 9.
129.4 (State/Territory sponsored business skills visa not granted after entry)
(NOTE: Authority, before departure, for the return travel to Australia of the
holder of a Class 129 entry permit (which expires on departure from Australia:
Act, section 49) is provided by the grant of a Group 1.4 (resident return)
visa.)
129.5 STATE/TERRITORY SPONSORED BUSINESS SKILLS ENTRY PERMIT-PRELIMINARY
129.51 When and where may application and grant be made?
129.511 A Class 129 entry permit may be applied for by, and granted to, a
primary person only:

   (a)  at the Entry Control Point; and

   (b)  if the person is the holder, as a primary person, of a Class 129 visa
        that was granted as a travel-only visa.
129.52 Period of validity (entry permit)
129.521 The entry permit has effect without limitation as to time.
129.6 STATE/TERRITORY BUSINESS SKILLS ENTRY PERMIT (BEFORE ENTRY): As provided
by regulation 2.30.
129.7 (State/Territory sponsored business skills entry permit not granted
after entry)
129.8 FEES
129.81 Visa applications
129.811 Before entry (only): $1,600.
129.82 Entry permit applications
129.821 Before entry (only): Nil.
PART 130-CLASS 130 (STATE/TERRITORY SPONSORED BUSINESS SKILLS
(SENIOR EXECUTIVE)) VISA AND ENTRY PERMIT
(PRIMARY PERSON)
130.1 INTRODUCTION
130.11 Group: 1.1 (migrant).
130.12 Persons eligible to apply as primary persons: Certain persons having
senior executive business skills. (NOTE: For provisions relating to secondary
persons, see Part 011 of Schedule 3.)
130.13 Interpretation
130.131 In this Part:
'appropriate regional authority', in relation to an applicant, means the
Department or authority (if any), being a Department or authority of the State
or Territory in which the applicant intends to develop a business, that is
specified for the purposes of this Part by Gazette Notice;
'AUD', in relation to an amount of money, means Australian dollars;
'fiscal year', in relation to a major business, means:

   (a)  if there is applicable to the major business by law an accounting
        period of 12 months-that period; or

   (b)  in any other case-such period of 12 months as the Minister approves in
        writing for that major business;
'major business' means a business (other than a government business
enterprise) the annual turnover of which was not less than the equivalent of
AUD 10,000,000 in each of any 3 of the 4 fiscal years immediately preceding
the making of the application.
130.2 STATE/TERRITORY SPONSORED BUSINESS SKILLS (SENIOR EXECUTIVE)
VISA-PRELIMINARY
130.21 When and where may application and grant be made?
130.211 A Class 130 visa may be:

   (a)  applied for, and granted to, a person only outside Australia; and

   (b)  granted either as a travel-only visa or as an entry visa.
130.22 Validity (visa)
130.221 Journeys to Australia: Multiple.
130.222 Time limits for use: As determined by the Minister in the particular
case.
130.223 Operation as an entry permit (entry visa only): As per clause 130.521.
130.3 STATE/TERRITORY SPONSORED BUSINESS SKILLS (SENIOR EXECUTIVE) VISA
(BEFORE ENTRY) (NOTE: The purpose of the grant of a Class 130 visa before
entry is, first, to authorise travel to Australia and, second, to authorise
entry to Australia (entry visa) or to serve on arrival as an application for a
Class 130 entry permit (travel-only visa).)
130.31 Application (visa-before entry)
130.311 The application must be made in accordance with approved form 47,
approved form 928, approved form 927, approved form 926 and approved form 950.
(NOTE: Before an application will be considered, it must be lodged in
accordance with regulation 2.13 and the fee specified in clause 130.811 must
be paid (Act, subsection 24 (1)).)
130.32 Criteria to be satisfied at time of application (visa-before entry)
130.321 The applicant has overall had a successful business career.
130.322 In any 3 of the 4 years immediately preceding the making of the
application, the applicant:

   (a)  occupied a position in the 3 highest levels of the management
        structure of a major business; and

   (b)  was responsible for strategic policy development affecting a major
        component or a wide range of the operations of that major business; in
        each of those years.
130.323 (1) The applicant has notified an appropriate regional authority of:

   (a)  the applicant's business history; and

   (b)  the applicant's intention to develop a business in the State or
        Territory.

(2) The applicant submits an approved form 950 from the appropriate regional
authority stating that the authority will consider sponsoring the applicant.

(3) The approved form 950 must:

   (a)  be signed by an officer of the appropriate regional authority who is
        authorised to sign those forms; and

   (b)  bear the seal of the authority.
130.324 The applicant genuinely has a realistic commitment, after entry to
Australia as the holder of a Class 130 entry permit:

   (a)  either:

        (i)    to establish in Australia a business that will benefit the
               Australian economy; or

        (ii)   to participate as a proprietor of, or shareholder in, an
               existing business in Australia; and

   (b)  to maintain direct and continuous involvement in management of that
        business from day to day and in making decisions that affect the
        overall direction and performance of the business; in a manner that
        benefits the Australian economy.
130.325 The applicant does not have a history of involvement in business
activities that are of a nature that is not generally acceptable in Australia.
130.326 The applicant signs a declaration in a form approved by the Minister
that the applicant acknowledges the Government's requirements in relation to
entry to Australia as the holder of a Class 130 visa or entry permit.
130.33 Criteria to be satisfied at time of decision (visa-before entry)
130.331 The applicant continues to satisfy the criteria specified in clauses
130.321 to 130.325.
130.332 (1) The applicant's score on the business skills points test is not
less than the number of points that is specified for the purposes of this
clause by Gazette Notice.

(2) For the purposes of subclause (1):

   (a)  an applicant's score on the business skills points test is the sum of
        the applicant's scores under:

        (i)    Division 2 of Part 1 of Schedule 8; and

        (ii)   Parts 2, 3 and 4 of that Schedule; and

   (b)  an applicant's score under a Division or Part of Schedule 8 is the
        number of points specified in that Division or Part in relation to the
        attribute described in the Division or Part that relates to the
        applicant:

        (i)    in the case of an attribute specified in Part 3 of Schedule
               8-at the time when the application is decided; and

        (ii)   in the case of any other attribute-at the time when the
               application is made; and if there is more than 1 attribute of
               that kind, the highest single number of points so specified;
               and

   (c)  in determining the score of an applicant under Part 4 of Schedule 8,
        only assets available for transfer, and capable of being transferred,
        to Australia within 2 years after the date of the issue to the
        applicant of a Class 130 visa are to be taken into account.
130.333 The applicant satisfies public interest criteria 4001 to 4006, 4009
and 4010.
130.334 If the applicant has previously been in Australia, the applicant
satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and
5011.
130.335 (1) Each member of the family unit of the applicant who is an
applicant for a Class 130 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4009; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria; and

   (c)  if the person has previously been in Australia, satisfies special
        re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.

(2) Each member of the family unit of the applicant who is not an applicant
for a Class 130 visa is a person who:

   (a)  satisfies public interest criteria 4001 to 4004 and 4010; and

   (b)  satisfies public interest criteria 4005 and 4006, unless the Minister
        is satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria.
130.336 If:

   (a)  either:

        (i)    the family unit of the applicant includes a dependent child who
               is an applicant, as a secondary person, for a Class 130 visa;
               or

        (ii)   a child who:

                (A)  is usually resident with the applicant; and

                (B)  has not turned 18; is an applicant, as a secondary
                     person, for a Class 130 visa; and

   (b)  the applicant is the relevant primary person in relation to that
        application; the Minister is satisfied that the grant of the visa to
        the child would not prejudice the rights and interests of any other
        person who has custody or guardianship of, or access to, the child.
130.337 (1) The applicant has the written sponsorship on approved form 949 of
an appropriate regional authority.

(2) The sponsorship must:

   (a)  be given by the appropriate regional authority by which the approved
        form 950 was given to the applicant; and

   (b)  be signed by an officer of the authority who is authorised to sign
        approved forms 949; and

   (c)  bear the seal of the appropriate regional authority; and

   (d)  be lodged by the applicant within 90 days of the date on which
        lodgment of the approved form 949 is requested by the Department; and

   (e)  be the first approved form 949 lodged by the applicant for the
        purposes of his or her application.
130.34 Conditions (visa-before entry)
130.341 Mandatory conditions: Nil.
130.342 Discretionary conditions: Any applicable conditions set out in
Schedule 9.
130.4 (State/Territory sponsored business skills (senior executive) visa not
granted after entry) (NOTE: Authority, before departure, for the return travel
to Australia of the holder of a Class 130 entry permit (which expires on
departure from Australia: Act, section 49) is provided by the grant of a Group
1.4 (resident return) visa.)
130.5 STATE/TERRITORY SPONSORED BUSINESS SKILLS (SENIOR EXECUTIVE) ENTRY
PERMIT-PRELIMINARY
130.51 When and where may application and grant be made?
130.511 A Class 130 entry permit may be applied for by, and granted to, a
primary person only:

   (a)  at the Entry Control Point; and

   (b)  if the person is the holder, as a primary person of a Class 130 visa
        that was granted as a travel-only visa.
130.52 Period of validity (entry permit)
130.521 The entry permit has effect without limitation as to time.
130.6 STATE/TERRITORY SPONSORED BUSINESS SKILLS (SENIOR EXECUTIVE) ENTRY
PERMIT (BEFORE ENTRY): As provided by regulation 2.30.
130.7 (State/Territory sponsored business skills (senior executive) entry
permit not granted after entry)
130.8 FEES
130.81 Visa applications
130.811 Before entry (only): $1,600.
130.82 Entry permit applications
130.821 Before entry (only): Nil.".
30.24 After clause 150.334, insert:

"150.335 If so requested by the Minister, an assurance of support in relation
to the applicant has been given, and has been accepted by the Minister.".
30.25 Part 800 heading: Omit the heading, substitute:

"CHAPTER 1.2-PERMANENT RESIDENT (AFTER ENTRY) ENTRY PERMITS
PART 800-CLASS 800 (TERRITORIAL ASYLUM) ENTRY PERMIT
(PRIMARY PERSON)".
30.26 Subclause 801.732 (1): Omit the subclause, substitute:

"(1) The applicant meets the requirements of subclause (2), (3), (4), (5),
(6), (7), (7A), (8), (9) or (10).".
30.27 Subclause 801.732 (4): Omit "subclause 820.721 (3)", substitute "820.731
(3)".
30.28 After subclause 801.732 (7), insert:

"(7A) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Class 300 (prospective marriage)
        entry permit; and

   (b)  the applicant married the Australian citizen or Australian permanent
        resident whom the applicant entered Australia to marry and the marital
        relationship genuinely continued until the death of the applicant's
        spouse; and

   (c)  the applicant satisfies the Minister that the marital relationship was
        genuine and would have continued if his or her spouse had not died;
        and

   (d)  the applicant has developed close business, cultural or personal ties
        in Australia.".
30.29 Paragraph 801.732 (8) (b): Omit the paragraph, substitute:

"(b) the applicant married the Australian citizen or Australian permanent
resident whom the applicant entered Australia to marry and the marital
relationship was genuine; and

   (ba) the applicant satisfies the Minister that the marital relationship
        referred to in paragraph (b) was genuine and would have continued to
        be genuine had it not ceased; and".
30.30 Paragraph 801.732 (10) (b): Omit the paragraph, substitute:

"(b) the applicant is a dependent child of a person who:

        (i)    satisfies the requirements set out in subclause (7), (7A) or
               (8); and

        (ii)   is the holder of a Class 801 entry permit; and".
30.31 Subclause 801.732 (11): Omit "paragraph 2 (d)", substitute "paragraph
(2) (d)".
30.32 Subclause 801.733 (2): Omit the subclause, substitute:

"(2) Subclause (1) does not apply to an applicant who:

   (a)  satisfies the requirements set out in subclause 801.732 (7), (7A), (8)
        or (10); or

   (b)  holds a Class 820 (extended eligibility (spouse)) entry permit granted
        on the basis that the applicant satisfied the requirements set out in:

        (i)    subclause 820.721 (3), (4) or (5); or

        (ii)   subclause 820.721 (6) as the dependent child:

                (A)  of a primary person who satisfied the requirements set
                     out in subclause 820.721 (3), (4) or (5); and

                (B)  who entered Australia as the holder, as a secondary
                     person, of a visa or entry permit of the same class as
                     the visa or entry permit held by that primary person.".
30.33 Subclause 801.735 (3): Omit the subclause, substitute:

"(3) Subclause (1) does not apply to an applicant who:

   (a)  satisfies the requirements set out in subclause 801.732 (9) as the
        holder of a Class 820 (extended eligibility (spouse)) entry permit
        granted on the basis that the applicant was the dependent child:

        (i)    of a primary person who satisfied the requirements set out in
               subclause 820.721 (3), (4) or (5); and

        (ii)   who entered Australia as the holder, as a secondary person, of
               a visa or entry permit of the same class as the visa or entry
               permit held by that primary person; or

   (b)  satisfies the requirements set out in subclause 801.732 (10).".
30.34 Division 801.8: Omit "802.82", substitute "801.82".
30.35 Paragraph 801.821 (b): Omit the paragraph, substitute:

"(b) application by the holder of a Class 300 (prospective marriage) entry
permit authorising a stay in Australia for 6 months: $370.".
30.36 Subdivision 804.73: Omit the subdivision, substitute:

"804.73 Criteria to be satisfied at time of decision (entry permit-after
entry)
804.731 The applicant is an aged parent of the Australian citizen or
Australian permanent resident referred to in clause 804.721.
804.732 The applicant continues to satisfy the criterion specified in clause
804.721.
804.733 The applicant satisfies the balance of family test in regulation 1.5.
804.734 The applicant is the holder of a section 47 temporary entry permit.
804.735 The applicant satisfies public interest criteria 4001 to 4006, 4009
and 4010.
804.736 An assurance of support in relation to the applicant has been given,
and has been accepted by the Minister. (NOTE: Since the giving of an assurance
of support is mandatory for a Class 804 entry permit, a health charge is
payable under s. 5 of the Migration  (Health Services) Charge Act 1991 . Under
s. 24 (3B) of the Act, the Minister may not grant the entry permit until the
charge has been paid.)
804.737 (1) Each person who is a member of the family unit of the applicant
who is an applicant for a Class 804 entry permit satisfies public interest
criteria 4001 to 4006, 4009 and 4010.

(2) Each person who is a member of the family unit of the applicant who is not
an applicant for a Class 804 entry permit satisfies:

   (a)  public interest criteria 4001 to 4004; and

   (b)  public interest criteria 4005 and 4006, unless the Minister is
        satisfied that it would be unreasonable to require the person to
        undergo assessment in relation to those criteria.
804.738 If:

   (a)  either:

        (i)    the family unit of the applicant includes a dependent child who
               is an applicant, as a secondary person, for a Class 804 entry
               permit; or

        (ii)   a child who:

                (A)  is usually resident with the applicant; and

                (B)  has not turned 18; is an applicant, as a secondary
                     person, for a Class 804 entry permit; and

   (b)  the applicant is the relevant primary person in relation to that
        application; the Minister is satisfied that the grant of the entry
        permit to the child would not prejudice the rights and interests of
        any other person who has custody or guardianship of, or access to, the
        child.
804.739 The Minister is satisfied that the grant of the entry permit would not
prejudice the rights of any person who has custody or guardianship of, or
access to, a dependent child of the applicant.".
30.37 Clause 806.731 (4) note: Omit the note, substitute:

"(5) An applicant meets the requirements of this subclause if:

   (a)  the applicant is an applicant referred to in clause 806.722; and

   (b)  the applicant satisfies public interest criteria 4001 to 4006, 4009
        and 4010; and

   (c)  an assurance of support in relation to the applicant has been given,
        and accepted by, the Minister. (NOTE: Since the giving of an assurance
        of support is mandatory under this subclause, a health charge is
        payable under s. 5 of the Migration (Health  Services) Charge Act 1991
        . Under s. 24 (3B) of the Act, the Minister may not grant the entry
        permit until the charge has been paid.)".
30.38 Subclause 806.732 (1): Omit "and 4009", substitute ", 4009 and 4010".
30.39 Clause 810.721: Omit the clause, substitute:

"810.721 The applicant is the holder of a refugee (temporary) (code number
438) entry permit granted under the Migration (1989) Regulations or of a Class
827 (refugee (transitional)) entry permit .".
30.40 Subclause 814.732 (3): Omit "subclause 826.731 (2)", substitute
"subclause 826.731 (3)".
30.41 Part 200 heading: Omit the heading, substitute:

"CHAPTER 1.3-PERMANENT RESIDENT (REFUGEE AND
HUMANITARIAN) VISAS AND ENTRY PERMITS
PART 200-CLASS 200 (REFUGEE) VISA AND ENTRY PERMIT
(PRIMARY PERSON)".
30.42 Paragraph 200.332 (c): Omit "applicant", substitute "applicant's".
30.43 Clause 200.335: Omit the clause, substitute:

"200.335 Approval of the application would not result in either:

   (a)  the number of Class 200 visas granted in a financial year exceeding
        the maximum number of Class 200 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 200)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.44 Clause 200.337: Omit "and 5009", substitute ", 5009 and 5010".
30.45 Paragraph 200.339 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.46 Paragraph 200.339 (1) (c): Omit "5003, 5005, 5007,".
30.47 Paragraph 200.339 (2) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.48 Clause 201.12: Omit "Purpose to grant", substitute "Purpose of grant".
30.49 Paragraph 201.332 (c):, Omit "applicant", substitute "applicant's".
30.50 Clause 201.335:, Omit the clause, substitute:

"201.335 Approval of the application would not result in either:

   (a)  the number of Class 201 visas granted in a financial year exceeding
        the maximum number of Class 201 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 201)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.51 Clause 201.337: Omit "and 5009", substitute ", 5009 and 5010".
30.52 Paragraph 201.339 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.53 Paragraph 201.339 (1) (c): Omit "5003, 5005, 5007,".
30.54 Paragraph 201.339 (2) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.55 Clause 202.336: Omit the clause, substitute:

"202.336 Approval of the application would not result in either:

   (a)  the number of Class 202 visas granted in a financial year exceeding
        the maximum number of Class 202 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 202)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.56 Subclause 202.337 (2): Omit "and 5009", substitute ", 5009 and 5010".
30.57 Paragraph 202.339 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.58 Paragraph 202.339 (1) (c): Omit "5003, 5005, 5007,".
30.59 Paragraph 202.339 (2) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.60 Clause 203.335: Omit the clause, substitute:

"203.335 Approval of the application would not result in either:

   (a)  the number of Class 203 visas granted in a financial year exceeding
        the maximum number of Class 203 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 203)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.61 Clause 203.337: Omit "and 5009", substitute ", 5009 and 5010".
30.62 Paragraph 203.339 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.63 Paragraph 203.339 (1) (c): Omit "5003, 5005, 5007,".
30.64 Paragraph 203.339 (2) (b):, Omit "4005 and 4006", substitute "4007 and
4008".
30.65 Clause 204.321: Omit the clause, substitute:

"204.321 The applicant is a female person who is:

   (a)  subject to persecution; or

   (b)  registered as being of concern to the United Nations High Commissioner
        for Refugees.".
30.66 Clause 204.335: Omit the clause, substitute:

"204.335 Approval of the application would not result in either:

   (a)  the number of Class 204 visas granted in a financial year exceeding
        the maximum number of Class 204 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 204)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.67 Clause 204.337: Omit "and 5009", substitute ", 5009 and 5010".
30.68 Paragraph 204.339 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.69 Paragraph 204.339 (1) (c): Omit "5003, 5005, 5007,".
30.70 Paragraph 204.339 (2) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.71 Clause 205.332: Omit the clause, substitute:

"205.332 Approval of the application would not result in either:

   (a)  the number of Class 205 visas granted in a financial year exceeding
        the maximum number of Class 205 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 205)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.72 Clause 205.334: Omit "and 5009", substitute ", 5009 and 5010".
30.73 Paragraph 205.336 (1) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.74 Paragraph 205.336 (2) (b): Omit "4005 and 4006", substitute "4007 and
4008".
30.75 Part 208: Omit "EAST TIMORESE IN PORTUGAL CONCESSION" (wherever
occurring), substitute "EAST TIMORESE IN PORTUGAL (SPECIAL ASSISTANCE)".
30.76 Paragraph 208.321 (c) (first occurring): Omit the paragraph, substitute:

"(b) was living in Portugal on 30 April 1991; and".
30.77 Clause 208.332: Omit the clause, substitute:

"208.332 Approval of the application would not result in either:

   (a)  the number of Class 208 visas granted in a financial year exceeding
        the maximum number of Class 208 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 208)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.78 Subdivisions 208.4 and 208.7: Omit "East Timorese in Portugal
concession", substitute "East Timorese in Portugal (special assistance)".
30.79 Clause 209.333: Omit the clause, substitute:

"209.333 Approval of the application would not result in either:

   (a)  the number of Class 209 visas granted in a financial year exceeding
        the maximum number of Class 209 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 209)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.80 Part 210: Omit "MINORITIES OF FORMER USSR CONCESSION" (wherever
occurring), substitute "MINORITIES OF FORMER USSR (SPECIAL ASSISTANCE)".
30.81 Clause 210.333: Omit the clause, substitute:

"210.333 Approval of the application would not result in either:

   (a)  the number of Class 210 visas granted in a financial year exceeding
        the maximum number of Class 210 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 210)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.82 Subdivisions 210.4 and 210.7: Omit "Minorities of former USSR
concession", substitute "Minorities of former USSR (special assistance)".
30.83 Clause 211.323: Omit "clause 211.325", substitute "clause 211.322".
30.84 Clause 212.334: Omit the clause, substitute:

"212.334 Approval of the application would not result in either:

   (a)  the number of Class 212 visas granted in a financial year exceeding
        the maximum number of Class 212 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 212)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.85 Part 154 heading: Omit the heading, substitute:

"CHAPTER 1.4-RESIDENT RETURN (PERMANENT ENTRY) VISAS AND
ENTRY PERMITS
PART 154-CLASS 154 (RESIDENT RETURN (A)) VISA AND ENTRY
PERMIT".
30.86 Subdivision 154.32: Omit the Subdivision, substitute:

"154.32 Criteria to be satisfied at time of application (visa-before entry)
154.321 (1) The applicant meets the requirements of subclause (2) or (3).

(2) If the applicant has previously entered Australia:

   (a)  the applicant, immediately before last leaving Australia, was the
        holder of a permanent entry permit; and

   (b)  the application is made not later than 3 years after the earlier of:

        (i)    the date on which the applicant entered Australia under the
               permanent entry permit; or

        (ii)   the date on which the permanent entry permit was granted to the
               applicant.

(3) If the applicant has not entered Australia, he or she is the holder of a
Group 1.1 (migrant) visa that is in force.
154.322 The applicant has not previously been the holder of a Class 154
visa.".
30.87 Subclause 154.411 (2): After "An application", insert "for a Class 154
visa".
30.88 Subdivision 154.42: Omit the subdivision, substitute:

"154.42 Criteria to be satisfied at time of application (visa-after entry):
Nil.".
30.89 Subdivision 154.43: Omit the subdivision, substitute:

"154.43 Criteria to be satisfied at time of decision (visa-after entry)
154.431 The applicant is the holder of a permanent entry permit.
154.432 The applicant has not previously been the holder of a Class 154 visa.
154.433 The application was made not later than 3 years after the earlier of:

   (a)  the date on which the applicant entered Australia under the permanent
        entry permit; or

   (b)  the date on which the permanent entry permit was granted to the
        applicant.".
30.90 Subclause 155.411 (2): After "An application", insert "for a Class 155
visa".
30.91 Subclause 156.411 (2): After "An application", insert "for a Class 156
visa".
30.92 Subclause 157.411 (2): After "An application", insert "for a Class 157
visa".
30.93 Part 303 heading: Omit the heading, substitute:

"CHAPTER 2.1-TEMPORARY RESIDENT VISAS AND ENTRY PERMITS
PART 303-CLASS 303 (EMERGENCY (TEMPORARY ENTRY)) VISA AND
ENTRY PERMIT
(PRIMARY PERSON)".
30.94 Paragraph 305.321 (2) (c):, Omit the paragraph, substitute:

"(c) the sponsor is not a member of the family unit, or otherwise a relative,
of the applicant; and".
30.95 Paragraph 305.321 (2) (f): Omit "paragraph (b)", substitute "paragraph
(d)".
30.96 Subclause 305.321 (3): Omit "subparagraph (2) (d) (ii)", substitute
"subparagraph (2) (f) (ii)".
30.97 Paragraph 305.331 (2) (b): Omit "paragraph 305.321 (2) (d)", substitute
"paragraph 305.321 (2) (e)".
30.98 Subclause 305.334 (1): Omit "4005", substitute "4004".
30.99 Subclause 305.334 (2): Omit the subclause, substitute:

"(2) Each dependent child (if any) of the applicant who is not an applicant
for a Class 305 visa satisfies public interest criteria:

   (a)  4001 to 4004; and

   (b)  4007 and 4008, unless the Minister is satisfied that it would be
        unreasonable to require that child to undergo assessment in relation
        to those criteria.".
30.100 Clause 417.335: Omit the clause, substitute:

"417.335 Approval of the application would not result in either:

   (a)  the number of Class 417 visas granted in a financial year exceeding
        the maximum number of Class 417 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes (including Class 417)
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year.".
30.101 Subparagraph 421.321 (4) (c) (ii): Omit the subparagraph, substitute:

"(ii) that the sponsor has good financial and professional status in
Australia; and".
30.102 Subparagraph 421.321 (4) (c) (iv): Omit "and the sponsor provides
complete financial support for the applicant and any accompanying members of
the applicant's family".
30.103 Subclause 421.822 (1): Omit "Subject to subclause (2), the", substitute
"The".
30.104 Subclause 421.822 (2): Omit the subclause.
30.105 Clause 424.322: Omit "as".
30.106 Clause 424.725:
Omit "If the application in", substitute "If the application is in".
30.107 Clauses 426.341, 426.441 and 426.741: Omit "and 9219", substitute ",
9216 and 9219".
30.108 Clauses 427.341, 427.441 and 427.741: Omit "and 9220", substitute ",
9216 and 9220".
30.109 Subparagraphs 303.421 (2) (a) (ii), 304.421 (2) (a) (ii), 410.421 (2)
(a) (ii), 411.421 (2) (a) (ii), 412.421 (2) (a) (ii), 413.421 (2) (a) (ii),
414.421 (2) (a) (ii), 415.421 (2) (a) (ii), 416.421 (2) (a) (ii), 417.421 (2)
(a) (ii), 418.421 (2) (a) (ii), 419.421 (2) (a) (ii), 420.421 (2) (a) (ii),
421.421 (2) (a) (ii), 422.421 (2) (a) (ii), 423.421 (2) (a) (ii), 424.421 (2)
(a) (ii), 425.421 (2) (a) (ii), 426.421 (2) (a) (ii), 427.421 (2) (a) (ii),
428.421 (2) (a) (ii), 430.421 (2) (a) (ii) and 432.421 (2) (a) (ii):
Omit "not later than", substitute "on or after".
30.110 Subclause 442.421 (2): Omit the subclause, substitute:

"(2) An applicant meets the requirements of this subclause if:

   (a)  the applicant is:

        (i)    the holder, as a primary person, of a Class 442 entry permit;
               or

        (ii)   the holder of a trainee (non-formal course) (code number 555)
               entry permit granted before 1 February 1991 for the purpose of
               entry as a trainee; and

   (b)  that entry permit was granted for a period ending on or after the day
        by which, according to the application, the applicant intends next to
        enter Australia; and

   (c)  the applicant has complied substantially with the conditions (if any)
        to which that entry permit is subject.".
30.111 Clauses 410.721, 411.721, 412.721, 413.721, 414.721, 415.721, 416.721,
418.721, 419.721, 420.721, 421.721, 422.721, 423.721, 424.721, 425.721,
427.721, 428.721, 430.721, 432.721 and 442.721: Omit paragraph (d),
substitute:

"(d) an illegal entrant who:

        (i)    immediately before becoming an illegal entrant, was a person of
               a kind specified in paragraph (a); and

        (ii)   satisfies illegal entrant criteria 6001, 6002, 6005 and 6006;
               or

   (e)  an illegal entrant who:

        (i)    immediately before becoming an illegal entrant, was a person of
               a kind specified in paragraph (b) or (c); and

        (ii)   satisfies illegal entrant criteria 6001, 6002, 6004, 6005 and
               6006.".
30.112 After clause 442.732, insert:

"442.733 The applicant continues to satisfy the criteria specified in clauses
442.722 to 442.724.".
30.113 Part 560 heading: Omit the heading, substitute:

"CHAPTER 2.2-STUDENT VISAS AND ENTRY PERMITS
PART 560-CLASS 560 (STUDENT (CATEGORY A) ) VISA AND ENTRY
PERMIT
(PRIMARY PERSON)".
30.114 Clause 560.321:, Add at the end:

"(2) Subclause (1) does not apply to an applicant to whom clause 560.334A
refers.".
30.115 Clause 560.334:, Omit the clause, substitute:

"560.334 (1) Subject to clause 560.334A, the Minister is satisfied that the
applicant is a genuine applicant for entry as a student, having regard:

   (a)  to the financial ability of the applicant to undertake the course
        without contravening any terminating condition relating to the work
        that the applicant may engage in; and

   (b)  subject to subclauses (2) and (3), to the applicant's comprehension of
        the English language for the purposes of the course; and

   (c)  to any other relevant matter.

(2) If the Minister has regard to the applicant's comprehension of the English
language for the purposes of the applicant's course, the Minister may require
the applicant to undertake an English language test that is conducted by an
agency other than Immigration.

(3) If the applicant is required to undertake a test and does not undertake
it, or does not pass it, the Minister must not grant the visa.
560.334A (1) Subclause 560.334 (1) does not apply to an applicant if:

   (a)  the applicant is a Burmese national; and

   (b)  the applicant's enrolment in the course mentioned in clause 560.332 is
        enrolment as a student under a scholarship scheme or training program
        approved by AIDAB; and

   (c)  the Minister and the Foreign Minister have jointly determined that it
        is in the public interest that that applicant should enter Australia
        as a student.

(2) No more than 10 Class 560 visas are to be granted to applicants of the
kind referred to in subclause (1).

(3) Subclause (1) ceases to have effect on 30 June 1993.".
30.116 Part 661 heading: Omit the heading, substitute:

"CHAPTER 2.3-VISITOR VISAS AND ENTRY PERMITS
PART 661-CLASS 661 (TOURIST (SPECIAL ARRANGEMENTS)) VISA AND
ENTRY PERMIT
(PRIMARY PERSON)".
30.117 Subdivision 661.32 note: After "or entry", insert "visa".
30.118 Subdivision 680.32 note: After "or entry", insert "visa".
30.119 Clause 680.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.120 After clause 680.335, insert:

"680.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.121 After clause 680.736, insert:

"680.737 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.122 Clause 680.811: Omit the clause, substitute:

"680.811 (1) Before or after entry: $30.

(2) The Minister may waive the fee on an application for a Class 680 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.123 Subdivision 682.32 note: After "or entry", insert "visa".
30.124 Clause 682.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.125 After clause 682.335, insert:

"682.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.126 Clause 682.811: Omit the clause, substitute:
  "682.811 (1)   Before or after entry: $30.


(2) The Minister may waive the fee on an application for a Class 682 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.127 Subdivision 683.32 note: After "or entry", insert "visa".
30.128 Clause 683.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.129 After clause 683.335, insert:

"683.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.130 After clause 683.736, insert:

"683.737 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.131 Clause 683.811: Omit the clause, substitute:

"683.811 (1) Before or after entry: $30.

(2) The Minister may waive the fee on an application for a Class 683 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.132 Subdivision 684.32 note: After "or entry", insert "visa".
30.133 Clause 684.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.134 After clause 684.335, insert:

"684.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.135 After clause 684.734, insert:

"684.735 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.136 Clause 684.811:, Omit the clause, substitute:

"684.811 (1) Before or after entry: $30.

(2) The Minister may waive the fee on an application for a Class 684 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.137 Subdivision 685.32 note: After "or entry", insert "visa".
30.138 Clause 685.811: Omit the clause, substitute:

"685.811 (1) Before or after entry: $30.

(2) The Minister may waive the fee on an application for a Class 685 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.139 Part 670 heading: Omit the heading, substitute:

"CHAPTER 2.4-VISITOR (SHORT STAY) VISAS AND ENTRY PERMITS
PART 670-CLASS 670 (TOURIST (SHORT STAY)) VISA AND ENTRY PERMIT".
30.140 Subdivision 670.32 note: After "or entry", insert "visa".
30.141 Clause 670.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.142 After clause 670.335, insert:

"670.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.143 After clause 670.735, insert:

"670.736 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.144 Clause 670.811: Add at the end:

"(2) The Minister may waive the fee on an application for a Class 670 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.145 Subdivision 672.32 note: After "or entry", insert "visa".
30.146 Clause 672.333 Omit "and 4011.", substitute ", 4011 and 4012.".
30.147 After clause 672.335, insert:

"672.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.148 After clause 672.735, insert:

"672.736 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.149 Clause 672.811: Add at the end:

"(2) The Minister may waive the fee on an application for a Class 672 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.150 Subdivision 673.32 note:, After "or entry", insert "visa".
30.151 After clause 673.322, insert:

"673.323 The period of stay in Australia proposed in the application does not
exceed 3 months.".
30.152 Clause 673.333 Omit "and 4011.", substitute ", 4011 and 4012.".
30.153 After clause 673.335, insert:

"673.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.154 After clause 673.734, insert:

"673.735 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.155 Clause 673.811: Add at the end:

"(2) The Minister may waive the fee on an application for a Class 673 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.156 Clause 674.333: Omit "and 4011.", substitute ", 4011 and 4012.".
30.157 After clause 674.335, insert:

"674.336 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.158 After clause 674.735, insert:

"674.736 The Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant.".
30.159 Clause 674.811: Add at the end:

"(2) The Minister may waive the fee on an application for a Class 674 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.160 Clause 675.811:, Add at the end:

"(2) The Minister may waive the fee on an application for a Class 675 visa by
an applicant who applies to enter Australia as a representative of a foreign
government.".
30.161 Part 820 heading: Omit the heading, substitute:

"CHAPTER 2.5-EXTENDED ELIGIBILITY VISAS AND ENTRY PERMITS
PART 820-CLASS 820 (EXTENDED ELIGIBILITY (SPOUSE)) VISA AND
ENTRY PERMIT".
30.162 Subclause 820.732 (2): Omit the subclause, substitute:

"(2) Subclause (1) does not apply:

   (a)  to an applicant referred to in subclause 820.721 (3), (4) or (5); or

   (b)  to an applicant referred to in subclause 820.721 (6) who:

        (i)    is a dependent child of another applicant referred to in
               subclause 820.721 (3), (4) or (5); and

        (ii)   entered Australia as the holder, as a secondary person, of a
               visa or entry permit of the same class as the visa or entry
               permit held by that other applicant.".
30.163 Paragraph 826.221 (b): Omit "of the applicant".
30.164 After clause 826.421, insert:

"826.5 EXTENDED ELIGIBILITY (INTERDEPENDENCY) ENTRY PERMIT-
PRELIMINARY
826.51 When and where may application and grant be made?
826.511 A Class 826 entry permit may be applied for, and granted, either:

   (a)  at the Entry Control Point, if the person is the holder of a Class 826
        visa that was granted as a travel-only visa; or

   (b)  after entry.
826.52 Period of validity (entry permit)
826.521 A Class 826 entry permit has effect for:

   (a)  in the case of the first Class 826 entry permit granted after entry to
        a person-26 months from the date on which the entry permit was applied
        for; or

   (b)  in the case of a Class 826 entry permit granted before entry-the
        period specified in the Class 826 visa held by the person; or

   (c)  in any other case-a period, not exceeding 2 years, determined by the
        Minister in each particular case.".
30.165 Subparagraph 826.722 (2) (e) (i): Omit "paragraph (c)", substitute
"paragraph (d)".
30.166 Subparagraph 826.722 (2) (e) (ii): Omit "paragraph (b)", substitute
"paragraph (d)".
30.167 Subclause 826.722 (3): Omit "subparagraph (2) (d) (i)", substitute
"subparagraph (2) (e) (i)".
30.168 Subclause 826.731 (1): Omit the subclause, substitute:

"(1) The applicant meets the requirements of subclause (2), (3) or (4).".
30.169 Subclause 826.731 (2) (second occurring):, Omit all the words before
paragraph (a), substitute:

"(3) An applicant meets the requirements of this subclause if the applicant:".
30.170 Subclause 826.731 (3): Omit all the words before paragraph (a),
substitute:

"(4) An applicant meets the requirements of this subclause if:".
30.171 Part 435 heading: Omit the heading, substitute:

"CHAPTER 2.6-REFUGEE AND HUMANITARIAN (TEMPORARY ENTRY)
VISAS AND ENTRY PERMITS
PART 435-CLASS 435 (SRI LANKAN (TEMPORARY)) ENTRY PERMIT".
30.172 Clauses 435.521 and 435.723:, Omit "31 October 1992", substitute "30
June 1993".
30.173 Subclause 437.322 (2): Add at the end:

"; and (c) the relationship is a genuine and continuing marital
relationship.".
30.174 Paragraph 437.721 (3) (c):, Omit the paragraph, substitute:

"(c) if the applicant is the spouse of the principal holder:

        (i)    the applicant became the spouse of the principal holder before
               23 July 1992; and

        (ii)   the relationship is a genuine and continuing marital
               relationship.".
30.175 Clause 437.723: Omit the clause, substitute:

"437.723 The applicant is not a person who previously held a Class 437 entry
permit that ceased to be in force because of the cancellation or termination
of the entry permit as a result of breach of a condition to which the entry
permit was subject.".
29.175 Clauses 443.521 and 443.723: Omit "31 January 1993", substitute "30
June 1993".
30.176 Clause 784.131, definition of "relevant date": Omit the definition,
substitute:

"'relevant date' means:

   (a)  in relation to a Class 784 visa granted before entry to a person
        referred to in subclause 784.321 (2)-the date on which the visa was
        granted to the person; and

   (b)  in relation to a Class 784 visa granted before entry to a person
        referred to in subclause 784.321 (3)-the date on which the first of
        the following was granted to the principal, within the meaning of that
        subclause, in relation to that person:

        (i)    a Class 784 visa or entry permit;

        (ii)   a refugee (restricted) (code number 781) visa or entry permit
               granted under the Migration (1989) Regulations and issued on or
               after 12 July 1990 and before 27 February 1991; and

   (c)  in relation to a Class 784 visa granted after entry to a person- the
        date on which the first of the following was granted to the person:

        (i)    a Class 784 visa granted before entry;

        (ii)   a Class 784 entry permit granted after entry;

        (iii)  a refugee (restricted) (code number 781) visa granted before
               entry under the Migration (1989) Regulations;

        (iv)   a refugee (restricted) (code number 781) entry permit granted
               after entry under the Migration (1989) Regulations; and

   (d)  in relation to a Class 784 entry permit granted before entry to a
        person-the date on which the first of the following was granted to the
        person:

        (i)    a Class 784 visa granted before entry;

        (ii)   a Class 784 entry permit granted after entry;

        (iii)  a refugee (restricted) (code number 781) visa granted before
               entry under the Migration (1989) Regulations;

        (iv)   a refugee (restricted) (code number 781) entry permit granted
               after entry under the Migration (1989) Regulations; and

   (e)  in relation to a Class 784 entry permit granted after entry to a
        person-the date on which the entry permit was granted to the person.".
30.177 Subclause 784.311 (2): Omit the subclause, substitute:

"(2) An application by a person to the Minister, being:

   (a)  an application for refugee status that was lodged before 1 July 1991;
        or

   (b)  an application for refugee status that was lodged:

        (i)    on or after 1 February 1993; and

        (ii)   after the arrival of the person in Australia but before the
               person entered Australia; or

   (c)  an application lodged before before 1 July 1991 for reconsideration of
        the rejection of an application by the person for refugee status; also
        has effect as an application for a Class 784 visa.".
30.178 Paragraph 784.321 (3) (b): Omit the paragraph, substitute:

"(b) is a spouse or dependent child of a person (in this subclause called 'the
principal') who is the holder of:

        (i)    a Class 784 visa or entry permit; or

        (ii)   a refugee (restricted) (code number 781) visa or entry permit
               granted under the Migration (1989) Regulations on or after 12
               July 1990 and before 27 February 1991; and".
30.179 Paragraph 784.511 (b): After "purpose", insert ", if the applicant is
also an applicant for a refugee status".
30.180 After clause 784.734, insert:

"784.735 The applicant is in Australia when the decision on the application is
made.".
30.181 After Part 784, insert:

"PART 827-CLASS 827 (REFUGEE (TRANSITIONAL)) ENTRY PERMIT
827.1 INTRODUCTION
827.11 Group: 2.6 (refugee and humanitarian (temporary entry)).
827.12 Purpose of grant: To enable grant of an entry permit to persons in
Australia who were determined by the Minister to be refugees on or before 11
July 1990. (NOTE: In relation to Class 827 entry permits, all applicants are
primary persons.)
827.2-4 (No visa of this class)
827.5 REFUGEE (TRANSITIONAL) ENTRY PERMIT-PRELIMINARY
827.51 When and where may application and grant be made?
827.511 A Class 827 entry permit may be applied for and granted only after
entry.
827.52 Period of validity (entry permit): As individually determined by the
Minister.
827.6 (Refugee (transitional) entry permit not granted before entry)
827.7 REFUGEE (TRANSITIONAL) ENTRY PERMIT (AFTER ENTRY) (NOTE: The purpose of
the grant of a Class 827 entry permit after entry is to authorise a further
period of stay in Australia for an eligible person.)
827.71 Application (entry permit-after entry)
827.711 An application for a Class 827 entry permit is effective if it is made
by or on behalf of the applicant in a manner approved by the Minister. (NOTE:
Before an application will be considered, it must be lodged in accordance with
regulation 2.28)
827.72 Criteria to be satisfied at time of application (entry permit-after
entry)
827.721 The applicant was determined by the Minister to be a refugee on or
before 11 July 1990.
827.722 The applicant is in Australia on the day on which the application is
lodged.
827.73 Criteria to be satisfied at time of decision (entry permit-after entry)
827.731 The Minister is satisfied that permanent settlement of the applicant
in Australia:

   (a)  is the appropriate course for the applicant; and

   (b)  would not be contrary to the interests of Australia.
827.74 Conditions (entry permit-after entry)
827.741 Mandatory conditions: Nil.
827.742 Discretionary conditions: Nil.
827.8 FEES: Nil".
30.182 Part 159 heading: Omit the heading, substitute:

"CHAPTER 2.7-PROVISIONAL VISAS AND ENTRY PERMITS
PART 159-CLASS 159 (RESIDENT RETURN (F)) VISA AND ENTRY
PERMIT".
30.183 Subdivision 300.22: Omit "As individually determined by the Minister.",
substitute:

"(1) In the case of a Class 300 visa granted for return travel to Australia:

   (a)  journeys to Australia: 1 only; and

   (b)  time limit for arrival in Australia: 3 months or as determined by the
        Minister in respect of an applicant; and

   (c)  in the case of an entry visa-operation as an entry permit : 6 months.

"(2) In the case of a Class 300 visa granted for initial travel to Australia:

   (a)  journeys to Australia: 1 only; and

   (b)  time limit for arrival in Australia and period of stay authorised in
        Australia:

        (i)    the expiry of the Class 300 entry permit held by an applicant;
               or

        (ii)   if an applicant leaves Australia while the entry permit is in
               force, the date on which that entry permit would have expired
               had the applicant not left Australia.".
30.184 Subparagraph 300.337 (a) (ii): Omit "Class 100 visa", substitute "Class
300 visa".
30.185 Clause 300.432: Omit the clause, substitute:

"300.432 The Minister is satisfied that there are compelling reasons for the
grant of the visa.".
30.186 Clause 300.441:, Omit the clause, substitute:

"300.441 Mandatory conditions:

   (a)  9207; or

   (b)  in the case of a person who entered Australia under a Class 300
        (prospective marriage) visa that authorised the person to stay in
        Australia for 3 months-9229.".
30.187 Subdivision 300.52: Omit "As individually determined by the Minister.",
substitute:

"(a) Before entry: a maximum of 6 months

   (b)  After entry: 3 months.".
30.188 Clause 300.721: Omit "a prospective marriage (code number 300) entry
permit", substitute "a Class 300 entry permit".
30.189 Clause 300.722: Omit the clause, substitute:

"300.722 The applicant applies to stay in Australia although he or she has
not, or does not expect to have, entered into the marriage for the purpose of
which the entry permit was granted within 3 months of his or her initial entry
into Australia under that entry permit.".
30.190 After clause 300.723, insert:

"300.724 The applicant must not have previously been granted a Class 300 entry
permit after entry.".
30.191 Subdivision 300.82: Omit "Nil.", substitute "$100".
30.192 Part 301 heading: Omit "(PRIMARY PERSON)".
30.193 Clause 301.12 (note): Omit the note, substitute:

"(NOTE: In relation to Class 301 visas and entry permits, all applicants are
primary persons.)".
30.194 Part 771 heading: Omit the heading, substitute:

"CHAPTER 2.8-MISCELLANEOUS VISAS AND ENTRY PERMITS
PART 771-CLASS 771 (TRANSIT) VISA AND ENTRY PERMIT".
30.195 Clause 771.341: Omit ", 9102".
30.196 Clauses 771.321 and 771.322 (second occurring): Omit the clauses,
substitute:

"773.321 The applicant has arrived in Australia.
773.322 The applicant does not seek entry to Australia as a refugee or on
humanitarian grounds.".
30.197 Paragraphs 773.323 (f), (g) and (h): Omit the paragraphs, substitute:

"(f) a person who:

        (i)    immediately before last departing Australia, held a Group 2.1
               (temporary resident) entry permit; and

        (ii)   departed in circumstances in which it was not reasonably
               practicable to obtain a visa of the same class as the entry
               permit so held by the person; and

        (iii)  would, if excluded from Australia, be prevented from reunion
               with a close relative of the person in Australia; or".
30.198 Clause 828.441:, Omit "Nil.", substitute "9202.".
30.199 Clause 828.721: Omit the clause, substitute:

"828.721 The applicant has made an application for a temporary entry permit of
another class, not being an entry permit in Group 2.5 (extended eligibility)
or a Class 829 (processing (residence)) entry permit.".
30.200 Clause 828.741: Omit "Nil.", substitute "9203.".
30.201 Clause 829.131, definition of "principal application": Omit the
definition, substitute:

"'principal application', in relation to an application for a Class 829 entry
permit, means an application made for one of the following entry permits:

   (a)  a Class 801 (spouse) (after entry)) entry permit;

   (b)  a Class 802 (child) (after entry)) entry permit;

   (c)  a Class 804 (aged parent) (after entry)) entry permit;

   (d)  a Class 805 (skilled occupation) entry permit;

   (e)  a Class 806 (family and other close ties (after entry)) entry permit;

   (f)  a Class 812 (December 1989 (permanent)) entry permit;

   (g)  a Class 820 (extended eligibility (spouse)) entry permit;

   (h)  a Class 826 (extended eligibility (interdependency)) entry permit.".
30.202 Division 829.7 note: Omit "temporarily", substitute "permanently".
30.203 Clause 829.711: Omit the clause.
30.204 Subdivision 829.71 note: Omit "Class 802 (child) (after entry)",
substitute:

"Class 801 (spouse) (after entry)
Class 802 (child) (after entry)".
30.205 Subdivision 829.71 note: Omit "Class 808 (confirmatory)" and "Class 812
(extended eligibility (spouse)", substitute "Class 812 (December 1989
(permanent)".
30.206 Clause 829.712: Omit the clause.
30.207 Paragraphs 829.731 (2) (a) and (3) (a): Omit the paragraphs,
substitute:

"(a) the principal application was made on or after 19 December 1989; and".
30.208 Paragraph 829.731 (3) (b): Omit the paragraph, substitute:

"(b) the applicant is included as a family unit member in the principal
application; and".
30.209 Paragraph 829.731 (3) (c):, Omit the paragraph.
30.210 Clause 829.732: Omit the clause.
30.211 829.733:
Omit "dependent child", substitute "family unit member".