1 Name
This is the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 18 November 2015 |
| 2. Schedules 1 to 4 | 21 November 2015. | 21 November 2015 |
| 3. Schedule 5 | 1 December 2015. | 1 December 2015 |
| 4. Schedule 6 | 21 November 2015. | 21 November 2015 |
| 5. Schedule 7 | Immediately after the commencement of Schedule 2 to the Migration Amendment (2015 Measures No. 1) Regulation 2015. | 18 April 2015 |
| 6. Schedules 8 and 9 | 1 January 2016. | 1 January 2016 |
| 7. Schedule 10, item 1 | 1 January 2016. | 1 January 2016 |
| 8. Schedule 10, item 2 | 21 November 2015. | 21 November 2015 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the following Acts:
(a) the Australian Citizenship Act 2007;
(b) the Migration Act 1958.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Diplomatic dependent students
Migration Regulations 1994
1 Amendments of listed provisions—repeals
Repeal the following provisions:
(a) clause 570.228 of Schedule 2;
(b) clause 571.228 of Schedule 2;
(c) clause 572.228 of Schedule 2;
(d) clause 573.228 of Schedule 2;
(e) clause 574.228 of Schedule 2;
(f) clause 575.228 of Schedule 2;
(g) clause 576.226 of Schedule 2;
(h) clause 580.228 of Schedule 2.
Schedule 2—Working conditions for diplomatic domestic workers
Migration Regulations 1994
1 Clause 403.242 of Schedule 2
Before “If”, insert “(1)”.
2 At the end of clause 403.242 of Schedule 2
Add:
(2) For the purposes mentioned in paragraph (1)(a) or (b), the applicant is employed or engaged in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
Schedule 3—Subclass 600 (Visitor) visa
Migration Regulations 1994
1 Clause 600.215 of Schedule 2
Repeal the clause, substitute:
600.215
(1) If subclause (2) applies—exceptional circumstances exist for the grant of the visa.
(2) This subclause applies if the grant of the visa would result in the applicant being authorised to stay in Australia as the holder of one or more of the following visas for a total period of more than 12 consecutive months:
(a) one or more visitor visas;
(b) a Subclass 417 (Working Holiday) visa;
(c) a Subclass 462 (Work and Holiday) visa;
(d) a bridging visa.
Schedule 4—Referred stay visas
Migration Regulations 1994
1 Subregulations 2.07AK(2) to (5)
Repeal the subregulations, substitute:
(2) An application for a visa of a class mentioned in subregulation (1) is taken to have been validly made by a person (a referred stay applicant) only if the requirements of subregulation (3) or (5) are met.
(3) The requirements of this subregulation are met for a referred stay applicant if:
(a) the referred stay applicant is in Australia; and
(b) the Attorney‑General has, after taking into account information provided by a member of the Australian Federal Police of the substantive rank of Commander, or above, issued a certificate in relation to the referred stay applicant; and
(c) the Attorney‑General’s certificate is to the effect that the referred stay applicant made a contribution to, and cooperated closely with, an investigation in relation to another person who was alleged to have engaged in human trafficking, slavery or slavery‑like practices; and
(d) the Attorney‑General’s certificate is in force; and
(e) the referred stay applicant:
(i) is not a subject of the investigation mentioned in the Attorney‑General’s certificate; and
(ii) is not a subject of a prosecution that commenced directly as a result of that investigation; and
(f) the Minister is satisfied that the referred stay applicant would be in danger if he or she returned to his or her home country; and
(g) an offer of stay in Australia is made to the referred stay applicant by an authorised officer; and
(h) the referred stay applicant indicates in writing that he or she accepts the offer, not later than:
(i) 28 days after the referred stay applicant is taken to have received the offer; or
(ii) a later date determined by an authorised officer.
Note: See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
(4) A certificate mentioned in paragraph (3)(b) may be issued by a person authorised by the Attorney‑General for the purpose.
(5) The requirements of this subregulation are met for a referred stay applicant (the first applicant) if:
(a) another referred stay applicant (the second applicant) is taken to have validly made an application for a visa of a class mentioned in subregulation (1) in accordance with subregulation (3); and
(b) the second applicant identifies the first applicant as being a member of the immediate family of the second applicant in the second applicant’s written acceptance under paragraph (3)(h).
(6) For subregulation (5), the first applicant may be in or outside Australia.
Schedule 5—Work requirements for working holiday visas
Migration Regulations 1994
1 Subclause 417.211(5) of Schedule 2
Repeal the subclause, substitute:
(5) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa, the Minister is satisfied that:
(a) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of specified work in regional Australia as the holder of the visa; and
(b) the total period of the work carried out is, or is equivalent to, at least 3 months full‑time work; and
(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards.
Schedule 6—Addition of public interest criterion 4020 to certain visa subclasses
Migration Regulations 1994
1 At the end of Subdivision 124.22 of Schedule 2
Add:
124.228
Unless the applicant meets the requirements of subclause 124.211(4):
(a) the applicant satisfies public interest criteria 4020; and
(b) each member of the family unit of the applicant satisfies public interest criteria 4020.
2 At the end of Subdivision 124.32 of Schedule 2
Add:
124.327
Unless the applicant is a member of the family unit of a holder of a Subclass 124 visa who met the requirements of subclause 124.211(4), the applicant satisfies public interest criteria 4020.
3 Subclause 405.227(6) of Schedule 2
After “4019”, insert “, 4020”.
4 Paragraph 405.227(7)(a) of Schedule 2
After “4014”, insert “and 4020”.
5 Subclause 405.228(6) of Schedule 2
After “4019”, insert “, 4020”.
6 Paragraph 405.228(6A)(a) of Schedule 2
Omit “and 4014”, substitute “, 4014 and 4020”.
7 Paragraphs 405.329(3)(a) and 405.330(3)(a) of Schedule 2
After “4014”, insert “, 4020”.
8 Paragraph 410.221(8)(a) of Schedule 2
Omit “and 4019”, substitute “, 4019 and 4020”.
9 Subparagraph 410.321(3)(a)(i) of Schedule 2
Omit “and 4014”, substitute “, 4014 and 4020”.
10 Clause 771.222 of Schedule 2
After “4014”, insert “, 4020”.
11 At the end of Subdivision 858.22 of Schedule 2
Add:
858.227
Unless the applicant meets the requirements of subclause 858.212(4):
(a) the applicant satisfies public interest criteria 4020; and
(b) each member of the family unit of the applicant satisfies public interest criteria 4020.
12 At the end of Subdivision 858.32 of Schedule 2
Add:
858.326
Unless the non‑dependent holder mentioned in clause 858.321 in relation to the applicant met the requirements of subclause 858.212(4), the applicant satisfies public interest criteria 4020.
13 Clause 988.222 of Schedule 2
After “4014”, insert “, 4020”.
14 Clause 988.322 of Schedule 2
After “4014”, insert “, 4020”.
Schedule 7—Technical amendments
Migration Regulations 1994
1 Paragraph 4102(1)(a) of Schedule 13
Repeal the paragraph, substitute:
(a) an application made on or after 1 July 2012, but not finally determined before 18 April 2015;
2 Subclause 4102(2) of Schedule 13
Repeal the subclause.
Schedule 8—Foreign currency exchange
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 16/001) that commenced on 1 January 2016.
places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 16/002) that commenced on 1 January 2016.
Schedule 9—Australian citizenship application fees
Australian Citizenship Regulations 2007
1 Amendments of listed provisions—changes to amounts for application fees
The items of the table in Schedule 3 are amended as set out in the table.
| Changes to amounts for application fees |
| Item | Provision | Omit | Substitute |
| 1 | Item 1 | $120 | $230 |
| 2 | Item 2 | $120 | $230 |
| 3 | Item 3 | $120 | $230 |
| 4 | Item 4 | $120 | $230 |
| 5 | Item 14A | $260 | $285 |
| 6 | Item 15 | $130 | $180 |
| 7 | Item 15D | $130 | $180 |
| 8 | Item 17 | $70 | $210 |
| 9 | Item 18 | $285 | $205 |
| 10 | Item 20 | $60 | $190 |
Schedule 10—Application and transitional provisions
Australian Citizenship Regulations 2007
1 Part 4
Insert in its appropriate numerical position:
29 Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015
The amendments of these Regulations made by Schedule 8 and Schedule 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application made under a provision of the Australian Citizenship Act 2007 on or after 1 January 2016.
Note: Schedules 8 and 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 1 January 2016.
Migration Regulations 1994
2 Schedule 13
Insert in its appropriate numerical position:
Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015
4801 Operation of Schedules 1 to 4
The amendments of these Regulations made by Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 21 November 2015.
Note: Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.
4802 Operation of Schedule 5
(1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015.
(2) However, to the extent that the application relates to work carried out before 1 December 2015, paragraph 417.211(5)(c) of Schedule 2 (as amended by the amendments referred to in subclause (1)) does not apply in relation to that work.
Note: Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 1 December 2015.
4803 Operation of Schedule 6
The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 21 November 2015;
(b) an application made on or after 21 November 2015.
Note: Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 21 November 2015.