Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 2005 (NO. 9) (SLI NO 240 OF 2005) - SCHEDULE 6

(regulation 3)

Part 1                      Amendments of Schedule 1

1            Subitem 1225 (3)

substitute

         (3)   Application by a person made using form 1150 must be made :

                (a)    if the applicant has previously entered Australia as the holder of a working holiday visa  — by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in a Gazette Notice for this paragraph; or

               (b)    if the applicant has not previously entered Australia as the holder of a working holiday visa the application is made:

                          (i)    if the applicant is a member of a class of persons specified by the Minister in a Gazette Notice for this paragraph — in any foreign country; or

                         (ii)    if the applicant is a member of a class of persons specified by the Minister in a Gazette Notice for this paragraph — in the foreign country specified in the Gazette Notice for that class of persons.

Note     foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

      (3A)   If the applicant has not previously entered Australia as the holder of a working holiday visa, the applicant:

                (a)    is outside Australia; and

               (b)    holds a working holiday eligible passport.

      (3B)   If the applicant has previously entered Australia as the holder of a working holiday visa:

                (a)    the applicant must not be in immigration clearance; and

               (b)    the application must not be made in immigration clearance; and

                (c)    the application must be accompanied by a declaration by the applicant that he or she has carried out seasonal work in regional Australia for a total period of at least 3 months as the holder of that visa; and

               (d)    the applicant has not previously entered Australia as the holder of more than one working holiday visa; and

                (e)    the applicant holds a working holiday eligible passport; and

                (f)    if the applicant is in Australia, the applicant must:

                          (i)    hold a substantive visa; or

                         (ii)    have held a substantive visa at any time in the period of 28 days immediately before making the application.

2            After subitem 1225 (4)

insert

         (5)   In this item:

"regional" Australia means a place specified by the Minister in a Gazette Notice for this definition.

"seasonal work" means work of a kind specified by the Minister in a Gazette Notice for this definition.

"working holiday eligible passport" means a valid passport held by a person who is a member of a class of persons specified in a Gazette Notice under subparagraph (3) (b) (i) or (ii).

"working holiday visa" means a visa or entry permit of any of the following classes or kinds:

                (a)    a visa that:

                          (i)    was issued under the Migration (1989) Regulations; and

                         (ii)    contained an endorsement describing the visa as a working holiday visa (code T18) or a working holiday visa (code number 417);

               (b)    a class 417 (working holiday) visa and entry permit within the meaning of the Migration (1993) Regulations;

                (c)    a Working Holiday (Temporary) (Class TZ) visa;

               (d)    a visa that was granted:

                          (i)    before 19 December 1989; and

                         (ii)    in accordance with the law in force at the time; and

                         (iii)    for the same purpose as a visa or permit mentioned in paragraph (a), (b) or (c).

Note     Internet application is defined in regulation 1.03.

3            Subitem 1301 (1)

omit

or 1208.

insert

, 1150, 1150E (Internet) or 1208.

4            Subitem 1303 (1)

omit

or 1096.

insert

, 1096, 1150 or 1150E (Internet).

Part 2                      Amendments of Schedule 2

5            Clause 417.111, before definition of working holiday eligible passport

insert

regional Australia means a place specified by the Minister in a Gazette Notice for the definition of regional Australia in subitem 1225 (5) of Schedule 1.

seasonal work means work of a kind specified by the Minister in a Gazette Notice for the definition of seasonal work in subitem 1225 (5) of Schedule 1.

6]            Clause 417.111, definition of working holiday eligible passport

omit

under paragraph 417.211 (3) (a) or (b).

insert

under subparagraph 1225 (3) (b) (i) or (ii) of Schedule 1.

[ 7            Subclause 417.211 (1)

substitute

                   (1)    The applicant satisfies the criteria in subclauses (2), (4) and (5).

8            Subclause 417.211 (3)

omit

9            Subclause 417.211 (5)

substitute

                   (5)   If the applicant has previously entered Australia as the holder of a working holiday visa, the Minister is satisfied that the applicant has carried out seasonal work in regional Australia for a total period of at least 3 months as the holder of that visa.

10          Subclause 417.221 (1)

substitute

                   (1)   The applicant satisfies the criteria in subclauses (2) to (7).

11          Paragraph 417.221 (2) (a)

substitute

                   (a)     continues to satisfy the criteria in paragraphs 417.211 (2) (a) and (c) and subclauses 417.211 (4) and (5); and

12          After clause 417.221

insert

417.222      If the applicant has previously entered Australia as the holder of a working holiday visa:

                   (a)     the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and

                  (b)     the applicant has not previously entered Australia as the holder of more than 1 working holiday visa.

13          Clause 417.411

substitute

417.411      If the applicant has not previously entered Australia as the holder of a working holiday visa granted at any time, the applicant must be outside Australia at the time of grant.

417.412      If the applicant has previously entered Australia as the holder of a working holiday visa:

                   (a)     if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or

                  (b)     if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

14          Clause 417.511

substitute

417.511      (1)   If the applicant is outside Australia at the time of application — temporary visa permitting the holder:

                   (a)     to travel to and enter Australia within 12 months after the date of grant of the visa; and

                  (b)     to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

                   (2)   If:

                   (a)     the applicant is in Australia at the time of application; and

                  (b)     the applicant holds a working holiday visa at the time of application;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until 24 months after the date of first entry to Australia as the holder of the visa mentioned in paragraph (b).

                   (3)   If:

                   (a)     the applicant is in Australia at the time of application; and

                  (b)     the applicant has previously entered Australia as the holder of a working holiday visa ; and

                   (c)     the applicant does not hold a working holiday visa at the time of application;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.