Commonwealth Numbered Regulations

1995 No. 38 MIGRATION REGULATIONS (AMENDMENT) - REG 52

52.1 Paragraph 685.212 (2) (a):
Omit "to travel to Australia".

52.2 Paragraphs 685.212 (2) (c) and (d): Omit the paragraphs.

52.3 Paragraph 685.212 (3) (a):
Omit "to travel to Australia".

52.4 Paragraphs 685.212 (3) (b): Omit "subclause; and", substitute
"subclause.".

52.5 Paragraphs 685.212 (3) (c) and (d): Omit the paragraphs.

52.6 Paragraph 685.212 (4) (a):
Omit "to travel to Australia".

52.7 Paragraphs 685.212 (4) (b): Omit "requires; and", substitute "requires.".

52.8 Paragraphs 685.212 (4) (c) and (d): Omit the paragraphs.

52.9 Paragraph 685.212 (6) (c): After subparagraph 685.212 (6) (c) (i),
insert:

"(ia) for a section 47 temporary entry permit (within the meaning of the
Migration (1993) Regulations); or
(ib) for an extended eligibility entry permit (within the meaning of the
Migration (1989) Regulations); or".

52.10 Paragraphs 685.221 (2) (f), (g) and (h): Omit the paragraphs,
substitute:

"(f) if the applicant is a person described in subclause 685.212 (2):

        (i)    the applicant satisfies the Minister that the applicant does
               not suffer from a condition that could be a threat to public
               health in Australia; and

        (ii)   the applicant satisfies the Minister that arrangements have
               been concluded for the payment of all costs related to the
               treatment referred to in paragraph 685.212 (2) (a) and all
               other expenses of the applicant's stay in Australia, including
               the expenses of any person accompanying the applicant; and

        (iii)  the applicant satisfies the Minister that, except where
               evidence is produced that the relevant government authority has
               otherwise approved, the payment of those costs will not be a
               charge on the Commonwealth, a State, a Territory or any public
               authority in Australia; and

   (g)  if the applicant is a person described in subclause 685.212 (3) the
        applicant satisfies the Minister that:

        (i)    the applicant:

                (A)  is free from tuberculosis or any other communicable
                     disease of a fatal or serious nature that, in the opinion
                     of a Commonwealth medical officer, is a threat to public
                     health in Australia; and

                (B)  is not suspected of having contracted a disease of that
                     kind; and

        (ii)   the applicant is free from any other disease or condition that,
               in the opinion of a Commonwealth medical officer, would be a
               danger to members of the Australian community; and

        (iii)  the applicant is free from any disease or condition (other than
               a disease or condition normally related to the organ transplant
               for which the applicant is coming to Australia) that, during
               the applicant's proposed period of stay in Australia, would, in
               the opinion of a Commonwealth medical officer:

                (A)  require care or treatment (or both) involving the use of
                     community resources in short supply; or

                (B)  result in the applicant becoming a significant charge on
                     public funds; and

        (iv)   arrangements have been concluded for the payment of all costs
               related to the organ transplant referred to in paragraph
               685.212 (3) (a) and all other expenses of the applicant's stay
               in Australia, including the expenses of any person accompanying
               the applicant; and

        (v)    except where evidence is produced that the relevant government
               authority has otherwise approved, the payment of those costs
               will not be a charge on the Commonwealth, a State, a Territory
               or any public authority in Australia; and

   (h)  if the applicant is a person described in subclause 685.212 (4), the
        applicant:

        (i)    satisfies public interest criterion 4005; and

        (ii)   satisfies the Minister that arrangements have been concluded
               for the payment of all costs related to procedures to be
               undergone by the person to whom the applicant seeks to provide
               support, including the expenses of the applicant's stay in
               Australia; and

        (iii)  satisfies the Minister that, except where evidence is produced
               that the relevant government authority has otherwise approved,
               the payment of those costs will not be a charge on the
               Commonwealth, a State, a Territory or any public authority in
               Australia; and".

52.11 Paragraph 685.221 (3) (d): Omit "criterion 4005.", substitute "criterion
4005, except paragraph (c) of that criterion.".