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MIGRATION AMENDMENT REGULATIONS 2008 (NO. 4) (SLI NO 167 OF 2008) - SCHEDULE 1

Amendments

(regulation 3)

   

[1]           Regulation 1.03, after definition of designated APEC economy

insert

designated foreign dignitary means a person to whom subregulation 3.06A (1) or (5) applies.

[2]           After regulation 3.06

insert

3.06A       Designated foreign dignitaries

         (1)   For item 10 of Part 2 of Schedule 9 (which deals with persons not required to comply with section 166 of the Act), a person is a designated foreign dignitary if:

                (a)    the Minister specifies the person in an instrument in writing for this paragraph; or

               (b)    the person is included in a class of persons specified by the Minister in an instrument in writing for this paragraph.

         (2)   The Minister must specify a person or a class in accordance with arrangements approved in writing by the Minister.

         (3)   If the person is specified in an instrument for paragraph (1) (a), the period in which the person is a designated foreign dignitary:

                (a)    starts when the Minister specifies the person; and

               (b)    ends at the time, or in the way, mentioned in the instrument.

         (4)   If the person is included in a class of persons specified in an instrument for paragraph (1) (b), the period in which the person is a designated foreign dignitary:

                (a)    starts when the person becomes a member of the class; and

               (b)    ends at the time, or in the way, mentioned in the instrument.

         (5)   For item 10 of Part 2 of Schedule 9, a person is a designated foreign dignitary if the person is an accompanying member of the immediate family of a person who is a designated foreign dignitary in accordance with subregulation (1).

Note    Regulation 1.12AA explains when a person is a member of the immediate family of another person.

         (6)   An instrument made under paragraph (1) (a) or (b) is not a legislative instrument.

Note    The effect of section 168 of the Act, regulation 3.06 and Part 2 of Schedule 9 to these Regulations is that a designated foreign dignitary is not required to comply with the requirements of section 166 of the Act relating to the giving of information.

[3]           Schedule 9, heading

substitute

Schedule 9         Special entry and clearance arrangements

(regulations 3.01, 3.03, 3.06 and 3.06A)

   

[4]           Schedule 9, Part 2, item 9

omit

regulation 2.40.

insert

regulation 2.40

[5]           Schedule 9, Part 2, after item 9

insert

10            A designated foreign dignitary

Note    See regulation 3.06A.




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