Commonwealth Numbered Regulations

1991 No. 285 MIGRATION REGULATIONS (AMENDMENT) - REG 67

  67.1   Subregulation 135 (1):
Add at the end:

"; or

   (c)  the applicant holds an extended eligibility (spouse) entry permit
        granted on the basis that the applicant satisfied the criteria
        specified in paragraph 126 (1) (b) or (ba); or

   (d)  the applicant:

        (i)    holds an extended eligibility (spouse) entry permit granted on
               the basis that the applicant satisfied the criteria specified
               in paragraph 126 (1) (a); and

        (ii)   is a person to whom subregulation (3) applies.".
  67.2   Subparagraph 135 (2) (a) (ii):
Omit "(ba) or (c)", substitute "(ba), (c) or (ca)".
  67.3   Add at the end:


"(3) Subject to subregulation (4), an applicant is a person to whom this
subregulation applies if:

   (a)  at the time of the application, the applicant's spouse nominated the
        applicant for the grant of the entry permit; and

   (b)  either:

        (i)    a court has made a restraining order or granted an injunction
               against the applicant's spouse in respect of violence by the
               spouse against the applicant; or

        (ii)   a court has convicted the spouse of, or has recorded a finding
               of guilt against that spouse in respect of, assault or some
               other offence of violence committed against the applicant; or

        (iii)  the applicant has custody or joint custody of at least one
               child in respect of whom:

                (A)  a court has granted joint custody, or access, in favour
                     of the applicant's spouse; or

                (B)  the applicant's spouse is subject to a formal maintenance
                     obligation.

"(4) For the purposes of subregulation (3):

   (a)  a person is subject to a formal maintenance obligation if that person
        is subject to:

        (i)    an obligation under an agreement registered under section 66ZC
               of the Family Law Act 1975 that makes provision for
               maintenance; or

        (ii)   an order of a court (as defined in paragraph (b)) specifying a
               maintenance obligation; or

        (iii)  a notice of acceptance, assessment and registration from the
               Child Support Agency of the Australian Taxation Office; and

   (b)  'court' means a court in Australia or an external Territory; and

   (c)  'spouse', in relation to the applicant, means the person who was the
        applicant s spouse when the application for the entry permit was
        made.".