{"id":"F2005B02489","name":"Migration Act 1958 - Notice under subsection 96(2) - Specification of Pass Mark in Relation to Applications for Skilled - New Zealand Citizen (Residence) (Class DB) Visas - April 2004","slug":"migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32794,"registerId":"commonwealth-F2005B02489-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Commonwealth of Australia","sectionType":"part","heading":"Commonwealth of Australia","content":"# Commonwealth of Australia\n\nMigration Act 1958","sortOrder":0},{"sectionNumber":"Migration Regulations 1994","sectionType":"division","heading":"Migration Regulations 1994","content":"### Migration Regulations 1994\n\nNOTICE UNDER SUBSECTION 96(2) OF THE MIGRATION ACT 1958\n\nSPECIFICATION OF PASS MARK IN RELATION TO APPLICATIONS FOR SKILLED - NEW ZEALAND CITIZEN (RESIDENCE) (CLASS DB) VISAS\n\nI, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and subsection 96(2) of the Migration Act 1958 (‘the Act’) hereby:\n\n1. SPECIFY the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - New Zealand Citizen (Residence) (Class DB) visas as follows:\n\n in relation to applications for Subclass 861 (Skilled - Onshore Independent New Zealand Citizen) visas made before 8 May 2002, the pass mark is 110 points;\n\n in relation to applications for Subclass 861 (Skilled - Onshore Independent New Zealand Citizen) visas made between 8 May 2002 and 13 April 2004 (inclusive), the pass mark is 115 points;\n\n in relation to applications for Subclass 861 (Skilled - Onshore Independent New Zealand Citizen) visas made on or after 14 April 2004, the pass mark is 120 points; and\n\n in relation to applications for Subclass 862 (Skilled - Onshore Australian-sponsored New Zealand Citizen) visas, the pass mark is 110 points.\n\nThis notice has effect on and from 14 April 2004.\n\nDated 1 April 2004.\n\nAMANDA VANSTONE\n\nMinister for Immigration and Multicultural and Indigenous Affairs\n\n\\[NOTE: Subsection 96(2) of the Act provides the Minister may, from time to time, by notice in the Gazette, specify, in relation to applications for visas of a particular class, the pass mark for the purposes of this Act and the regulations.\\]","sortOrder":1}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1792},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The notice operates strictly within the scope of subsection 96(2) of the Migration Act 1958, which expressly authorizes the Minister to specify pass marks by Gazette notice. It performs the exact administrative function contemplated by the enabling provision without expanding into broader policy areas."},"complexity_factors":["Three distinct date ranges for Subclass 861 creating different retrospective and prospective pass mark thresholds","Distinction between independent (Subclass 861) and Australian-sponsored (Subclass 862) visa streams with different treatment","Cross-references to subsection 96(2) of the Migration Act 1958 and regulation 1.17 of the Migration Regulations 1994"],"plain_english_summary":"This notice sets the minimum points (“pass mark”) New Zealand citizens in Australia must meet for Skilled — Onshore Independent NZ Citizen (Subclass 861) and Australian‑sponsored (Subclass 862) permanent residency applications. It fixes pass marks by application date for Subclass 861 (110 / 115 / 120 points) and a flat 110 points for Subclass 862.\n\nIt matters because applicants who don’t reach their applicable pass mark will be refused under Australia’s points‑tested immigration system."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio","history":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio/history","analysis":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio/analysis","conflicts":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio/conflicts","importantCases":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio/important-cases","documents":"/api/acts/migration-act-1958-notice-under-subsection-96-2-specification-of-pass-mark-in-relation-to-applicatio/documents"}}