Commonwealth Numbered Regulations

1990 No. 1 MIGRATION REGULATIONS (AMENDMENT) - REG 17

17. Regulation 40 of the Principal Regulations is amended:

   (a)  by inserting in subregulation (1) "in relation to a person to whom
section 36 or 37 of the Act applies" after "is prescribed";

   (b)  by omitting paragraph (1)(b) and substituting the following paragraph:

"(b) in the case of a person who is the aged parent of an Australian citizen
or an Australian permanent resident-as the result of the death or permanent
migration of a child, the aged parent satisfies the balance of family test;";

   (c)  by omitting subregulation (2) and substituting the following
        subregulation:

"(2) For the purposes of paragraph 37(2)(a) of the Act, each of the following
changes of circumstances is prescribed, in addition to those prescribed under
subregulation (1), in relation to a person to whom section 37 of the Act
applies:

   (a)  in the case of a person who, before 7 March 1989, applied in
        accordance with a form approved by the Minister for reconsideration of
        a decision to refuse to grant an entry permit to the person-the
        Minister has informed the person that the application will not be
        determined;

   (b)  the person to whom that section applies became the spouse of an
        Australian citizen or an Australian permanent resident before 19
        December 1989;

   (c)  the person, not having met similar requirements for the grant of a
        visa under the Act as in force before 19 December 1989, satisfies the
        prescribed criteria in relation to a class of visas referred to in
        subparagraph 128(1)(a)(iv).".