Commonwealth Numbered Regulations

1994 No. 376 MIGRATION REGULATIONS (AMENDMENT) - REG 34

34.1 Clause 300.212: Omit the clause.

34.2 Clause 300.216: Omit the clause, substitute:

"300.216. The Minister is satisfied that the parties genuinely intend to live
together as spouses.".

34.3 Clause 300.221: Omit the clause, substitute:

"300.221 The applicant continues to satisfy the criteria in clause 300.211 and
clauses 300.214 to 300.216.

"300.221A Subject to clause 300.221B, there is no impediment to the marriage
in Australian law.

"300.221B (1) If the applicant or the prospective spouse is under 18:

   (a)  the Minister is satisfied that the applicant or the prospective
        spouse, as the case requires, is due to turn 18 before the end of the
        period within which the intended marriage is to take place; or

   (b)  a Judge or magistrate has made an order under section 12 of the
        Marriage  Act 1961 authorising the applicant to marry the prospective
        spouse, or the prospective spouse to marry the applicant, as the case
        requires, and that order is in force.

"(2) If paragraph (1) (b) applies, the Minister is satisfied that the marriage
will take place.". (NOTE: The following Note should be inserted after the new
clause 300.221B:

"(NOTE: Under s. 12 (5) of the Marriage Act 1961, an order made under section
12 of that Act ceases to be in force 3 months after it is made, if the
marriage contemplated by the order has not taken place.)".