Commonwealth Numbered Regulations Commonwealth Numbered Regulations
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 576 -- Foreign 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 |
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|
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 |