Commonwealth of Australia
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Ministerial Instrument updates which Australian states and territories can support health-waivers for certain business and employer-sponsored visas, revoking three prior 2009 instruments and naming six participating jurisdictions (ACT, Victoria, WA, Northern Territory, Queensland, Tasmania). New South Wales and South Australia are not included.
It matters to applicants for specified business/employer visas with disqualifying health conditions: only sponsorship by a listed jurisdiction can enable a health waiver.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Migration Regulations 1994 - Specification under regulations 846.111, 855.111, 856.111 and 857.111 - Health Waiver - Participating States and Territories - August 2009.
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(REGULATIONS 846.111, 855.111, 856.111, 857.111)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
REVOKE Instrument number IMMI 08/113 signed 22 March 2009 and IMMI 09/036 signed 16 April 2009 and IMMI 09/074 signed 23 June 2009; AND
SPECIFY for the purposes of the definition of participating State or Territory in clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations, applies to the Australian Capital Territory, Victoria, Western Australia, Northern Territory, Queensland and Tasmania.
This Instrument, IMMI 09/102, commences on 14 September 2009.
Dated 03 August 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations allow the Minister to specify in an instrument in writing a State or Territory that is a participating State or Territory for the purposes of those clauses.
NOTE 2: This Instrument is made for the purposes of the following visa subclasses: subclass 846 (State/Territory Sponsored Regional Established Business in Australia), subclass 855 (Labour Agreement), subclass 856 (Employer Nomination Scheme) and subclass 857 (Regional Sponsored Migration Scheme).]
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(REGULATIONS 846.111, 855.111, 856.111, 857.111)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
REVOKE Instrument number IMMI 08/113 signed 22 March 2009 and IMMI 09/036 signed 16 April 2009 and IMMI 09/074 signed 23 June 2009; AND
SPECIFY for the purposes of the definition of participating State or Territory in clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations, applies to the Australian Capital Territory, Victoria, Western Australia, Northern Territory, Queensland and Tasmania.
This Instrument, IMMI 09/102, commences on 14 September 2009.
Dated 03 August 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations allow the Minister to specify in an instrument in writing a State or Territory that is a participating State or Territory for the purposes of those clauses.
NOTE 2: This Instrument is made for the purposes of the following visa subclasses: subclass 846 (State/Territory Sponsored Regional Established Business in Australia), subclass 855 (Labour Agreement), subclass 856 (Employer Nomination Scheme) and subclass 857 (Regional Sponsored Migration Scheme).]