Commonwealth Numbered Regulations

1990 No. 34 MIGRATION REGULATIONS (AMENDMENT) - REG 6

6. Regulation 35AA of the Migration Regulations is amended:

   (a)  by omitting from subregulation (1) "subject to subregulation (2) and
        regulation 25, but in spite of any other provision of these
        Regulations" and substituting "in spite of any provision of these
        Regulations except subregulation (2) and subregulations 42 (1A), (1B)
        and (1C)";

   (b)  by omitting from paragraph (1) (a) "who entered Australia before 1
        January 1975, or before 2 April 1984 as a person engaged to be
        married:" and substituting "to whom paragraph 42 (1C) (a), (b) or (c)
        applies:";

   (c)  by omitting from subparagraph (1) (a) (i) "criterion that the person
        is the holder of the valid temporary entry permit" and substituting
        "criteria that the person is the holder of a valid temporary entry
        permit and that the person is not an illegal entrant";

   (d)  by omitting from subparagraph (1) (b) (ii) "criterion that the person
        is the holder of a valid temporary entry permit" and substituting
        "criteria that the person is the holder of a valid temporary entry
        permit and that the person is not an illegal entrant";

   (e)  by omitting from subparagraph (1) (c) (iii) "criterion that the person
        is the holder of a valid temporary entry permit" and substituting
        "criteria that the person is the holder of a valid temporary entry
        permit and that the person is not an illegal entrant";

   (f)  by adding at the end the following paragraph:

"(d) the person:

        (i)    was notified on or after 21 November 1989 that he or she was
               entitled, under the provisions of the Migration Regulations
               relating to second applications as in force before 19 December
               1989, to make an application for an entry permit; and

        (ii)   had not lodged the application before 19 December 1989; and

        (iii)  applies for an entry permit not later than 30 September 1990;

   (g)  by omitting subregulation (3).