Commonwealth Numbered Regulations

1995 No. 268 MIGRATION REGULATIONS (AMENDMENT) - REG 33

33.1 Clause 4005: Omit the clause, substitute:

"4005. The applicant:

   (a)  is free from tuberculosis; and

   (b)  is free from a disease or condition that is, or may result in the
        applicant being, a threat to public health in Australia or a danger to
        the Australian community; and

   (c)  is not a person who has a disease or condition that, during the
        applicant's proposed period of stay in Australia, would be likely to:

        (i)    result in a significant cost to the Australian community in the
               areas of health care or community services; or

        (ii)   prejudice the access of an Australian citizen or permanent
               resident to health care or community services; and

   (d)  if the applicant is a person from whom a Medical Officer of the
        Commonwealth has requested a signed undertaking to present himself or
        herself to a health authority in the State or Territory of intended
        residence in Australia for a follow-up medical assessment, the
        applicant has provided such an undertaking.".

33.2 Clause 4006: Omit the clause.

33.3 Clause 4006A: Omit the clause, substitute:

"4006A. (1) The applicant:

   (a)  is free from tuberculosis; and

   (b)  is free from a disease or condition that is, or may result in the
        applicant being, a threat to public health in Australia or a danger to
        the Australian community; and

   (c)  subject to subclause (2), is not a person who has a disease or
        condition that, during the applicant's proposed period of stay in
        Australia, would be likely to:

        (i)    result in a significant cost to the Australian community in the
               areas of health care or community services; or

        (ii)   prejudice the access of an Australian citizen or permanent
               resident to health care or community services; and

   (d)  if the applicant is a person from whom a Medical Officer of the
        Commonwealth has requested a signed undertaking to present himself or
        herself to a health authority in the State or Territory of intended
        residence in Australia for a follow-up medical assessment, the
        applicant has provided such an undertaking.

"(2) The Minister may waive the requirements of paragraph (1) (c) if the
relevant employer has given the Minister a written undertaking that the
relevant employer will meet all costs related to the disease or condition that
causes the applicant to fail to meet the requirements of that paragraph.

"(3) In subclause (2), 'relevant employer' means the proposed employer (within
the meaning of the relevant Part of Schedule 2) in Australia:

   (a)  of the applicant (if the applicant is an applicant to whom the primary
        criteria apply); or

   (b)  if the applicant is an applicant to whom the secondary criteria
        apply-of the person:

        (i)    who meets the primary criteria; and

        (ii)   of whose family unit the applicant is a member.".

33.4 Clause 4007: Omit the clause, substitute:

"4007. (1) The applicant:

   (a)  is free from tuberculosis; and

   (b)  is free from a disease or condition that is, or may result in the
        applicant being, a threat to public health in Australia or a danger to
        the Australian community; and

   (c)  subject to subclause (2), is not a person who has a disease or
        condition that, during the applicant's proposed period of stay in
        Australia, would be likely to:

        (i)    result in a significant cost to the Australian community in the
               areas of health care or community services; or

        (ii)   prejudice the access of an Australian citizen or permanent
               resident to health care or community services; and

   (d)  if the applicant is a person from whom a Medical Officer of the
        Commonwealth has requested a signed undertaking to present himself or
        herself to a health authority in the State or Territory of intended
        residence in Australia for a follow-up medical assessment, the
        applicant has provided such an undertaking.

"(2) The Minister may waive the requirements of paragraph (1) (c) if:

   (a)  the applicant satisfies all other criteria for the grant of the visa
        applied for; and

   (b)  the Minister is satisfied that the granting of the visa would be
        unlikely to result in:

        (i)    undue cost to the Australian community; or

        (ii)   undue prejudice to the access to health care or community
               services of an Australian citizen or permanent resident.".

33.5 Clause 4008: Omit the clause.