Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019

Commonwealth Coat of Arms of Australia

made under the

Australian Citizenship Act 2007 and the Migration Act 1958

Compilation No. 1

Compilation date: 5 March 2022

Includes amendments up to: F2021L01479

Registered: 9 March 2022

About this compilation

This compilation

This is a compilation of the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 that shows the text of the law as amended and in force on 5 March 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

This instrument is the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019.

3 Authority

This instrument is made under the following:

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Australian Citizenship Regulation 2016

1 Subsection 16(7)

Repeal the subsection, substitute:

(7) In this section:

conversion instrument means the Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 as in force on 1 January 2020.

places and currencies instrument means the Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020 as in force on 1 January 2020.

2 In the appropriate position in Part 4

Insert:

25 Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019

The amendment of section 16 made by Schedule 1 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 applies in relation to an application made on or after 1 January 2020.

Schedule 2—Visa application charges

Migration Regulations 1994

1 Subparagraph 1403(2)(a)(ii) of Schedule 1 (table item 1)

Omit “$35”, substitute “$40”.

2 Subparagraph 1404(2)(a)(ii) of Schedule 1 (table item 1)

Omit “$35”, substitute “$40”.

3 In the appropriate position in Schedule 13

Insert:

Part 87—Amendments made by the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019

8701 Operation of Schedule 2

The amendments of these Regulations made by items 1 and 2 of Schedule 2 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 apply in relation to visa applications made on or after 16 November 2019.

Schedule 3—Amendments relating to the Migration Amendment (New Skilled Regional Visas) Regulations 2019

Part 1—Amendments commencing 16 November 2019

Migration Regulations 1994

1 Regulation 1.03 (definition of transitional 457 worker)

Repeal the definition, substitute:

transitional 457 worker means a person who held a Subclass 457 (Temporary Work (Skilled)) visa at any time occurring on or after 18 April 2017.

2 After subparagraph 2.03A(3)(a)(iia)

Insert:

(iib) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or

3 Subparagraph 8101(1)(b)(ii) of Schedule 13

Omit “or transitional 482 worker”, substitute “, or transitional 482 worker, on 16 November 2019”.

Part 2—Amendments commencing 5 March 2022

Migration Regulations 1994

4 Paragraph 1139(3)(d) of Schedule 1

Omit “must”, substitute “may”.

Schedule 4—Other amendments

Migration Regulations 1994

1 Regulation 1.03 (definition of Employment Minister)

Repeal the definition, substitute:

Employment Minister means the Minister responsible for employment policy, including employment services.

2 Subregulation 2.03A(5)

Omit “relationship that is registered under a law of a State or Territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those Regulations”, substitute “registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019	5 Nov 2019 (F2019L01423)	Sch 1: 1 Jan 2020 (s 2(1) item 2) Sch 2 and Sch 3 (items 1–3): 16 Nov 2019 (s 2(1) items 3, 4) Sch 3 (item 4): 5 Mar 2022 (s 2(1) item 5) Remainder: 6 Nov 2019 (s 2(1) items 1, 6)
Migration Legislation Amendment (Hong Kong) Regulations 2021	29 Oct 2021 (F2021L01479)	Sch 3 (item 1): 5 Mar 2022 (s 2(1) item 4)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2.....................	rep LA s 48D
Schedule 3
Part 2
Part 2 heading.............	am F2021L01479