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SLI 2014 No. 82 Regulations as made
This regulation amends the Migration Regulations 1994 and the Australian Citizenship Regulations 2007 to make amendments relating to visa evidence charge, members of the family unit for student visas, skills assessment validity, foreign currencies and places, substitution of AusAID references, Australian citizenship fees and other measures, and infringement notices.
Administered by: Immigration and Border Protection
Made 12 Jun 2014
Registered 16 Jun 2014
Tabled HR 18 Jun 2014
Tabled Senate 19 Jun 2014
Date of repeal 02 Jul 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

 

Select Legislative Instrument No. 82, 2014

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 12 June 2014

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Scott Morrison

Minister for Immigration and Border Protection

  

  


Contents

1............ Name of regulation.............................................................................. 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments relating to visa evidence charge                        2

Migration Regulations 1994                                                                                     2

Schedule 2—Amendments relating to members of the family unit for student visas       3

Migration Regulations 1994                                                                                     3

Schedule 3—Amendments relating to skills assessment validity                8

Migration Regulations 1994                                                                                     8

Schedule 4—Amendments relating to foreign currencies and places  10

Australian Citizenship Regulations 2007                                                            10

Schedule 5—Amendments relating to the substitution of AusAID references     11

Migration Regulations 1994                                                                                   11

Schedule 6—Amendments relating to Australian citizenship fees and other measures  20

Australian Citizenship Regulations 2007                                                            20

Schedule 7—Amendments relating to infringement notices                      23

Migration Regulations 1994                                                                                   23

Schedule 8—Amendments relating to transitional arrangements          26

Australian Citizenship Regulations 2007                                                            26

Migration Regulations 1994                                                                                   26

 


1  Name of regulation

                   This regulation is the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014.

2  Commencement

                   This regulation commences on 1 July 2014.

3  Authority

                   This regulation is made under the following Acts:

                     (a)  the Migration Act 1958;

                     (b)  the Australian Citizenship Act 2007.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments relating to visa evidence charge

  

Migration Regulations 1994

1  Subregulation 2.19A(2)

Omit “$70”, substitute “$150”.

2  Subregulation 2.19A(3) (table items 1 to 4, 15, 19 to 20, 23 to 25, 27 and 28)

Repeal the items.

Schedule 2Amendments relating to members of the family unit for student visas

  

Migration Regulations 1994

1  Paragraph 1222(3)(e) of Schedule 1

Repeal the paragraph.

2  Clause 570.314 of Schedule 2

Repeal the clause, substitute:

570.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

3  Clause 571.314 of Schedule 2

Repeal the clause, substitute:

571.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

4  Clause 572.314 of Schedule 2

Repeal the clause, substitute:

572.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

5  Clause 573.314 of Schedule 2

Repeal the clause, substitute:

573.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

6  Clause 574.314 of Schedule 2

Repeal the clause, substitute:

574.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

7  Clause 575.314 of Schedule 2

Repeal the clause, substitute:

575.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

8  Clause 576.314 of Schedule 2

Repeal the clause, substitute:

576.314

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

Schedule 3Amendments relating to skills assessment validity

  

Migration Regulations 1994

1  After paragraph 186.234(2)(aa) of Schedule 2

Insert:

                   (ab)  if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment—the period has not ended;

                    (ac)  if paragraph (ab) does not apply—not more than 3 years have passed since the date of the assessment;

2  Paragraph 187.234(b) of Schedule 2

Repeal the paragraph, substitute:

                     (b)  all of the following requirements were met:

                              (i)  the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;

                             (ii)  the applicant did not obtain the necessary qualification in Australia;

                            (iii)  the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;

                            (iv)  the assessment was not for a Subclass 485 (Temporary Graduate) visa;

                             (v)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;

                            (vi)  if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment; or

3  At the end of subclause 189.212(1) of Schedule 2

Add:

             ; and (c)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (d)  if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

4  At the end of subclause 190.212(1) of Schedule 2

Add:

             ; and (c)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (d)  if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

5  Subclause 485.224(1) of Schedule 2

Repeal the subclause, substitute:

             (1)  At the time of application:

                     (a)  the skills of the applicant for the applicant’s nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and

                     (b)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (c)  if paragraph (b) did not apply—not more than 3 years had passed since the date of the assessment.

6  At the end of subclause 489.222(1) of Schedule 2

Add:

             ; and (c)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (d)  if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

Schedule 4Amendments relating to foreign currencies and places

  

Australian Citizenship Regulations 2007

1  Subregulation 12A(7)

Repeal the subregulation, substitute:

             (7)  In this regulation:

conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 14/005) that commenced on 1 July 2014.

places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 14/006) that commenced on 1 July 2014.

Schedule 5Amendments relating to the substitution of AusAID references

  

Migration Regulations 1994

1  Regulation 1.03 (definition of AusAID)

Repeal the definition (including the note), substitute:

AusAID means the body that was known as the Australian Agency for International Development.

2  Regulation 1.03 (definition of AusAID Minister)

Repeal the definition (including the note), substitute:

AusAID Minister means a Minister who was responsible for administering AusAID.

3  Regulation 1.03

Repeal the following definitions (including the notes):

                     (a)  definition of AusAID recipient;

                     (b)  definition of AusAID student.

4  Regulation 1.03 (sub‑sub‑subparagraph (a)(i)(C)(I) of the definition of eligible student visa)

After “AusAID Minister”, insert “, the Foreign Minister”.

5  Regulation 1.03

Insert:

Foreign Affairs recipient: see subregulation 1.04A(2).

Foreign Affairs student: see subregulation 1.04A(3).

6  Regulation 1.03

Insert:

Subclass 576 (Foreign Affairs or Defence Sector) visa includes a Subclass 576 (AusAID or Defence Sector) visa.

Note:          Amendments of these Regulations that commenced on 1 July 2014 renamed the Subclass 576 (AusAID or Defence Sector) visa.

7  Regulation 1.04A

Repeal the regulation, substitute:

1.04A  Foreign Affairs recipients and Foreign Affairs students

             (1)  In this regulation:

AIDAB means the former Australian International Development Assistance Bureau.

cease, in relation to a full‑time course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.

equivalent former visa or entry permit means a Group 2.2 (student) visa or entry permit, within the meaning of the Migration (1993) Regulations, granted to a person who, as an applicant:

                     (a)  satisfied the criteria for the grant of the visa or entry permit as a primary person; and

                     (b)  was a student in a full‑time course of study or training under a scholarship scheme or training program approved by AIDAB or AusAID.

equivalent transitional visa means a transitional (temporary) visa within the meaning of the Migration Reform (Transitional Provisions) Regulations that:

                     (a)  is, or was, held by a person because the person held an equivalent former visa or entry permit; or

                     (b)  was granted to a person on the basis of a decision that the person satisfied the criteria for the grant of an equivalent former visa or entry permit.

Foreign Affairs student visa means:

                     (a)  a Subclass 560 (Student), Subclass 562 (Iranian Postgraduate Student) or Subclass 576 (Foreign Affairs or Defence Sector) visa granted to a person who, as an applicant:

                              (i)  satisfied the primary criteria for the grant of the visa; and

                             (ii)  was a student in a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; or

                     (b)  an equivalent former visa or entry permit; or

                     (c)  an equivalent transitional visa.

             (2)  A person is a Foreign Affairs recipient if:

                     (a)  either:

                              (i)  the person is the holder of a Foreign Affairs student visa and has ceased:

                                        (A)  the full‑time course of study or training to which that visa relates; or

                                        (B)  another course approved by the Foreign Minister or AusAID Minister in substitution for that course; or

                             (ii)  if the person is not the holder of an Foreign Affairs student visa—the person has in the past been the holder of a Foreign Affairs student visa and has ceased:

                                        (A)  the full‑time course of study or training to which the last Foreign Affairs student visa held by the person related; or

                                        (B)  another course approved by the Foreign Minister or AusAID Minister in substitution for that course; and

                     (b)  the person has not spent at least 2 years outside Australia since ceasing the course.

             (3)  A person is a Foreign Affairs student if:

                     (a)  the person has been approved by the Foreign Minister or AusAID Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; and

                     (b)  the person is:

                              (i)  the holder of a Foreign Affairs student visa granted in circumstances where the person intended to undertake the full‑time course of study or training; or

                             (ii)  an applicant for a student visa whose application shows an intention to undertake a full‑time course of study or training; and

                     (c)  in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased:

                              (i)  the full‑time course of study or training to which the visa relates; or

                             (ii)  another course approved by the Foreign Minister or AusAID Minister in substitution for that course.

8  Regulation 1.04AA

Repeal the regulation.

9  Sub‑subparagraph 1229(4)(a)(ii)(D) of Schedule 1

After “AusAID Minister”, insert “, the Foreign Minister”.

10  Part 576 of Schedule 2 (heading)

Repeal the heading, substitute:

Subclass 576Foreign Affairs or Defence Sector

11  Clause 576.111 of Schedule 2 (definition of course of study)

After “AusAID Minister”, insert “, the Foreign Minister”.

12  Paragraphs 576.211(4)(d) and 576.322(b) of Schedule 2

After “AusAID Minister”, insert “, the Foreign Minister”.

13  Clause 580.114 (note) of Schedule 2

Repeal the note, substitute:

Note:          Assessment level, Australian permanent resident, custody, Defence Minister, education provider, eligible New Zealand citizen, Foreign Affairs recipient, Foreign Affairs student, Foreign Minister, home country and relative are defined in regulation 1.03. Member of the family unit is defined in regulation 1.12.

14  Subparagraph 5010(4)(a)(ii) of Schedule 5

After “AusAID Minister”, insert “, the Foreign Minister”.

15  Subclause 5010(6) of Schedule 5 (definition of AusAID student visa)

Repeal the definition.

16  Subclause 5010(6) of Schedule 5

Insert:

Foreign Affairs student visa has the same meaning as in regulation 1.04A.

17  Amendments of listed provisions

 

Amendments relating to change of agency name

Item

Provision

Omit

Substitute

1

Regulation 1.03 (paragraph (f) of the definition of eligible student visa)

AusAID

Foreign Affairs

2

Regulation 1.03 (paragraph (g) of the definition of student visa)

AusAID

Foreign Affairs

3

Subparagraph 1.04B(b)(i)

AusAID

Foreign Affairs

4

Paragraph 1.40A(2)(a)

AusAID

Foreign Affairs

5

Subregulation 2.19A(3) (table item 19A)

AusAID

Foreign Affairs

6

Sub‑subparagraphs 1222(2)(a)(iii)(A) and (iv)(A) of Schedule 1

an AusAID (wherever occurring)

a Foreign Affairs

7

Subparagraph 1222(3)(c)(iii) of Schedule 1

an AusAID

a Foreign Affairs

8

Sub‑subparagraph 1222(3)(h)(iv)(A) of Schedule 1

an AusAID

a Foreign Affairs

9

Subitem 1222(4) of Schedule 1

AusAID

Foreign Affairs

10

Sub‑subparagraph 1229(4)(a)(ii)(F) of Schedule 1

AusAID

Foreign Affairs

11

Clause 405.224 of Schedule 2

 

an AusAID (wherever occurring)

a Foreign Affairs

12

Clause 405.224 of Schedule 2

the AusAID Minister

the Foreign Minister

13

Clause 405.326 of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

14

Clause 405.326 of Schedule 2

the AusAID Minister

the Foreign Minister

15

Subclause 410.321(7) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

16

Subclause 410.321(7) of Schedule 2

the AusAID Minister

the Foreign Minister

17

Subclause 416.228(1) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

18

Subclause 416.228(1) of Schedule 2

the AusAID Minister

the Foreign Minister

19

Subclause 416.325(1) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

20

Subclause 416.325(1) of Schedule 2

the AusAID Minister

the Foreign Minister

21

Subclause 417.221(6) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

22

Subclause 417.221(6) of Schedule 2

the AusAID Minister

the Foreign Minister

23

Division 462.1 of Schedule 2 (note to heading)

AusAID (wherever occurring)

Foreign Affairs

24

Paragraph 462.221(e) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

25

Clause 570.230A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

26

Clause 570.230A of Schedule 2

the AusAID Minister

the Foreign Minister

27

Clause 571.229A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

28

Clause 571.229A of Schedule 2

the AusAID Minister

the Foreign Minister

29

Clause 572.229A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

30

Clause 572.229A of Schedule 2

the AusAID Minister

the Foreign Minister

31

Clause 573.229A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

32

Clause 573.229A of Schedule 2

the AusAID Minister

the Foreign Minister

33

Clause 574.229A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

34

Clause 574.229A of Schedule 2

the AusAID Minister

the Foreign Minister

35

Clause 575.229A of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

36

Clause 575.229A of Schedule 2

the AusAID Minister

the Foreign Minister

37

Clause 576.229 of Schedule 2

the AusAID Minister

the Foreign Minister

38

Clause 576.332 of Schedule 2

the AusAID Minister

the Foreign Minister

39

Clause 580.225 of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

40

Clause 580.225 of Schedule 2

the AusAID Minister

the Foreign Minister

41

Subclause 676.222(1) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

42

Subclause 676.222(1) of Schedule 2

the AusAID Minister

the Foreign Minister

43

Subclause 773.225(1) of Schedule 2

an AusAID (wherever occurring)

a Foreign Affairs

44

Subclause 773.225(1) of Schedule 2

the AusAID Minister

the Foreign Minister

45

Clause 4012A of Schedule 4

an AusAID

a Foreign Affairs

46

Part 2 of Schedule 4 (table item 4058G, column 2)

AusAID

Foreign Affairs

47

Paragraphs 5010(1)(a) and (2)(a) of Schedule 5

an AusAID (wherever occurring)

a Foreign Affairs

48

Paragraph 5010(3)(b) of Schedule 5

AusAID

Foreign Affairs

49

Sub‑subparagraph 5010(4)(a)(i)(B) of Schedule 5

AusAID

Foreign Affairs

50

Paragraph 5010(5)(a) of Schedule 5

the AusAID Minister

the Foreign Minister

51

Subclauses 5A104(1) and (2) of Schedule 5A (table item 3, column headed “Description of applicant”, paragraph (b))

the AusAID Minister

the Foreign Minister

52

Subclause 5A108(1) of Schedule 5A

AusAID

Foreign Affairs

53

Part 8 of Schedule 5A (heading)

AusAID

Foreign Affairs

54

Subclause 5A805(1) of Schedule 5A

the AusAID Minister

the Foreign Minister

55

Paragraph 5A805(3)(e) of Schedule 5A

the AusAID Minister

the Foreign Minister

56

Subparagraph 5A806(a)(i) of Schedule 5A

the AusAID Minister

the Foreign Minister

57

Paragraph 8104(5)(a) of Schedule 8

AusAID

Foreign Affairs

58

Subclause 8202(1) of Schedule 8

an AusAID

a Foreign Affairs

59

Subclause 8202(1) of Schedule 8

(AusAID

(Foreign Affairs

60

Subclause 8202(4) of Schedule 8

an AusAID

a Foreign Affairs

61

Subclause 8202(4) of Schedule 8

(AusAID

(Foreign Affairs

62

Clause 8532 of Schedule 8

an AusAID

a Foreign Affairs

 

Schedule 6Amendments relating to Australian citizenship fees and other measures

  

Australian Citizenship Regulations 2007

1  Schedule 2 (notes 2 and 3)

Repeal the notes, substitute:

Note 2:       If relevant, the following information in relation to the person named in this notice may be listed on the back of this notice, along with the signature, or printed or stamped signature, of the Minister:

(a)    the person’s legal name at the time of acquisition of Australian citizenship, if different from the person’s current legal name;

(b)    the date of any notice of evidence of Australian citizenship previously given to the person;

(c)    any other name in which a notice of evidence of Australian citizenship has previously been given to the person;

(d)    any other date of birth in which a notice of evidence of Australian citizenship has previously been given to the person.

2  Schedule 3 (cell at table item 9, column headed “Application”)

Repeal the cell, substitute:

An application under section 21 of the Act if:

(a) the applicant holds:

(i) a pensioner concession card or health care card endorsed by the Human Services Department or Centrelink with 1 of the following codes: PA; SA; WA; or

(ii) a pensioner concession card endorsed by the Human Services Department or Centrelink with 1 of the following codes: AGE; CAR; DSP; NS, PPP; SL; WFA; WFD; WFW; WID; YAL; or

(iii) a health care card endorsed by the Human Services Department or Centrelink with the code SL; and

(b) for an applicant to whom subparagraph (a)(iii) applies—the applicant produces evidence that the applicant has received the SL benefit for at least 46 of the previous 52 weeks; and

(c) the applicant does not claim eligibility on the basis of the criteria in subsection 21(2) of the Act

3  Schedule 3 (table items 11 and 12)

Repeal the items.

4  Schedule 3 (cell at table item 13, column headed “Application”)

Repeal the cell, substitute:

An application under section 21 of the Act, if the applicant:

(a) holds a pensioner concession card endorsed by the Department of Veterans’ Affairs:

(i) for an Age Service, Invalidity Service, or Partner Service pension; or

(ii) for an Income Support Supplement; or

(iii) with the code AGE; and

(b) does not claim eligibility on the basis of the criteria in subsection 21(2) of the Act

5  Schedule 3 (cell at table item 14, column headed “Application”, paragraph (b))

Repeal the paragraph, substitute:

(b) either of the following provisions applies to the applicant:

(i) paragraph (a) of item 9;

(ii) paragraph (a) of item 13; and

(c) if subparagraph (a)(iii) of item 9 applies to the applicant—the applicant meets paragraph (b) of item 9

6  Schedule 3 (table item 15, column headed “Application”)

Omit “15A to 15D”, substitute “15C and 15D”.

7  Schedule 3 (table items 15A and 15B)

Repeal the items.

8  Schedule 3 (cell at table item 15C, column headed “Application”, paragraph (d))

Repeal the paragraph, substitute:

(d) either of the following provisions applies to the applicant:

(i) paragraph (a) of item 9;

(ii) paragraph (a) of item 13; and

(e) if subparagraph (a)(iii) of item 9 applies to the applicant—the applicant meets paragraph (b) of item 9

Schedule 7Amendments relating to infringement notices

  

Migration Regulations 1994

1  Division 5.4 (heading)

Repeal the heading, substitute:

Division 5.4Infringement notice penalties

2  Regulation 5.20 (heading)

Repeal the heading, substitute:

5.20  Offences

3  Regulation 5.20A (heading)

Repeal the heading, substitute:

5.20A  Civil penalty provisions

4  Regulation 5.21

Insert:

infringement notice penalty:

                     (a)  for an offence—means the penalty prescribed by regulation 5.20 for the offence; and

                     (b)  for a civil penalty provision—means the penalty prescribed by regulation 5.20A for the civil penalty provision.

5  Regulation 5.21 (definition of prescribed penalty)

Repeal the definition.

6  Paragraph 5.23(1)(b)

Before “commission”, insert “alleged”.

7  Paragraph 5.23(1)(ba)

Omit “a contravention”, substitute “an alleged contravention”.

8  Paragraph 5.23(1)(d)

Repeal the paragraph, substitute:

                     (d)  set out the infringement notice penalty; and

9  Regulation 5.24

Omit “prescribed penalty”, insert “infringement notice penalty”.

10  Regulation 5.25 (heading)

Repeal the heading, substitute:

5.25  What happens if the infringement notice penalty is paid?

11  Regulation 5.25

Omit “prescribed penalty”, substitute “infringement notice penalty”.

12  Regulation 5.27 (heading)

Repeal the heading, substitute:

5.27  Refund of infringement notice penalty if notice withdrawn

13  Paragraph 5.27(b)

Omit “prescribed penalty”, substitute “infringement notice penalty”.

14  Subregulation 5.28(2)

Repeal the subregulation, substitute:

             (2)  The matter is that:

                     (a)  the authorised officer did not allow further time for payment of the infringement notice penalty and the penalty was not paid within 28 days after the date of service of the infringement notice; or

                     (b)  the authorised officer allowed a further period (as specified in the certificate) for payment of the infringement notice penalty and the penalty was not paid within the further period; or

                     (c)  the authorised officer withdrew the infringement notice on a day specified in the certificate.

15  Regulation 5.29

Omit “prescribed penalty”, substitute “infringement notice penalty”.

Schedule 8Amendments relating to transitional arrangements

  

Australian Citizenship Regulations 2007

1  At the end of Part 4

Add:

25  Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

             (1)  The amendment of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2014.

             (2)  The amendments of these Regulations made by items 2 to 8 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application made under Division 2 of Part 2 of the Act on or after 1 July 2014.

Migration Regulations 1994

2  At the end of Schedule 13

Add:

Part 31Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

  

3101  Operation of Schedule 1

                   The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to a request under section 70 of the Act for evidence of a visa, made on or after 1 July 2014.

3102  Operation of Schedules 2 and 3

                   The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application for a visa made on or after 1 July 2014.

3103  Operation of Schedule 5

                   The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for a visa:

                     (a)  an application made, but not finally determined, before 1 July 2014;

                     (b)  an application made on or after 1 July 2014.

3104  Operation of Schedule 7

                   The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply on and after 1 July 2014 in relation to an infringement notice served before, on or after that date.