Division 5.1—Service of documents
5.01 Definition for Division 5.1
5.02 Service of document on person in immigration detention
Division 5.2—Procedure of commissioners and prescribed authorities
5.04 Power of Commissioner to send for witnesses and documents
5.05 Duty of witness to continue in attendance
5.06 Arrest of witness failing to appear
5.07 Witnesses’ fees
5.08 Power to examine on oath or affirmation
5.09 Offences by witnesses
5.10 Statements of person not admissible in evidence against the person
5.11 Representation by counsel etc
5.12 Offences in relation to Commissioners
5.13 Protection of Commissioners, barristers and witnesses
5.14 Procedure of prescribed authorities
Division 5.3—General
5.15 Behaviour concern non‑citizen
5.15A Special category visas—declared classes of New Zealand citizens
5.15C Excised offshore places
5.16 Prescribed diseases—health concern non‑citizen (Act, s 5(1))
5.17 Prescribed evidence of English language proficiency (Act, s 5(2)(b))
5.18 Prescribed laws relating to control of fishing
5.19 Approval of nominated positions—Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa
5.19A Designated investment
5.19B Complying investment
5.19C Complying significant investment
5.19D Complying premium investment
5.19E Complying entrepreneur activity
Division 5.3A—Offences and civil penalties in relation to work by non‑citizens
5.19G Allowing an unlawful non‑citizen to work
5.19H Allowing a lawful non‑citizen to work in breach of a work‑related condition
5.19J Referring an unlawful non‑citizen for work
5.19K Referring a lawful non‑citizen for work in breach of a work‑related condition
Division 5.3B—Offences and civil penalties in relation to sponsored visas
5.19L Classes of sponsor
5.19M Kinds of sponsored visa
5.19N Sponsorship‑related events
Division 5.3C—Prohibited employers
5.19P Migrant worker sanctions—offences against the Fair Work Act 2009 etc.
Division 5.4—Infringement notice penalties
5.20 Offences
5.20A Civil penalty provisions
Division 5.5—Infringement notices
5.21 Interpretation
5.22 When can an infringement notice be served?
5.23 What must an infringement notice contain?
5.24 Can the time for payment be extended?
5.25 What happens if the infringement notice penalty is paid?
5.26 Can an infringement notice be withdrawn?
5.27 Refund of infringement notice penalty if notice withdrawn
5.28 Evidence
5.29 Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision?
5.30 What if payment is made by cheque?
5.31 Infringement notice not compulsory
Division 5.6—Miscellaneous
5.32 Search warrants (Act, ss 223(14) and 251(4))
5.32A Work performed by unlawful non‑citizen in detention centre
5.34 Application of Chapter 2 of the Criminal Code
5.34D Disclosure of information to prescribed bodies
5.34E Disclosure of information to prescribed international organisations
5.34F Disclosure of information to police and Australian Criminal Intelligence Commission
5.35 Medical treatment of persons in detention under the Act
5.35AA Decisions that are not privative clause decisions
5.35AB Tax file numbers
Division 5.6A—Powers under an agreement or arrangement with a foreign country
5.35A Definitions
5.35B Exercise of power to restrain an individual
5.35C Exercise of power to search an individual
5.35D Protection of persons when acts done in good faith
5.35E Powers when boarding certain foreign ships (Act s 245F(14))
5.35F Powers when boarding certain foreign ships on the high seas (Act s 245G(4))
Division 5.7—Charges and fees
5.36 Payment of visa application charges, and fees, in foreign currencies
5.37 Employer nomination fee
5.37A Refund of employer nomination fee and nomination training contribution charge
5.38 Sponsorship fee
5.40 Fees for assessment of a person’s work qualifications and experience etc
5.41 Fee for further opinion of Medical Officer of the Commonwealth in merits review
5.41C Fees for performing functions relating to certain international travellers using gateway airports
Division 5.7A—Nomination training contribution charge
5.42 Nominations that attract nomination training contribution charge
Division 5.7B—Indexation of certain amounts
5.42A Indexation of certain amounts
Division 5.8—Multiple parties in migration litigation
5.43 Meaning of family (Act s 486B)
5.44 Prescription of other persons (Act s 486B)
Division 5.8A—Review of these Regulations
5.44A Review of these Regulations
Division 5.9—Transitional arrangements
5.45 Operation of Schedule 13
Schedule 1—Classes of visa
Part 1—Permanent visas
1104BA Business Skills (Permanent) (Class EC)
1108 Child (Migrant) (Class AH)
1108A Child (Residence) (Class BT)
1113 National Innovation (Class BX)
1114B Employer Nomination (Permanent) (Class EN)
1114C Regional Employer Nomination (Permanent) (Class RN)
1118A Special Eligibility (Class CB)
1123A Other Family (Migrant) (Class BO)
1123B Other Family (Residence) (Class BU)
1124 Parent (Migrant) (Class AX)
1124A Aged Parent (Residence) (Class BP)
1124B Partner (Residence) (Class BS)
1127AA Resolution of Status (Class CD)
1128 Return (Residence) (Class BB)
1129 Partner (Migrant) (Class BC)
1130 Contributory Parent (Migrant) (Class CA)
1130A Contributory Aged Parent (Residence) (Class DG)
1131 Territorial Asylum (Residence) (Class BE)
1133 Referred Stay (Permanent) (Class DH)
1136 Skilled (Residence) (Class VB)
1137 Skilled—Independent (Permanent) (Class SI)
1138 Skilled—Nominated (Permanent) (Class SN)
1139 Permanent Residence (Skilled Regional) (Class PR)
1140 Pacific Engagement (Class PA)
Part 2—Temporary visas (other than bridging visas)
1201 Border (Temporary) (Class TA)
1202B Business Skills (Provisional) (Class EB)
1206 Diplomatic (Temporary) (Class TF)
1208A Electronic Travel Authority (Class UD)
1211 Extended Eligibility (Temporary) (Class TK)
1212B Investor Retirement (Class UY)
1214A Medical Treatment (Visitor) (Class UB)
1214BA New Zealand Citizen Family Relationship (Temporary) (Class UP)
1214C Partner (Temporary) (Class UK)
1215 Prospective Marriage (Temporary) (Class TO)
1217 Retirement (Temporary) (Class TQ)
1218AA Visitor (Class TV)
1219 Special Category (Temporary) (Class TY)
1220A Partner (Provisional) (Class UF)
1221 Contributory Parent (Temporary) (Class UT)
1221A Contributory Aged Parent (Temporary) (Class UU)
1222 Student (Temporary) (Class TU)
1223B Temporary Safe Haven (Class UJ)
1223C Temporary (Humanitarian Concern) (Class UO)
1224 Transit (Temporary) (Class TX)
1224A Work and Holiday (Temporary) (Class US)
1225 Working Holiday (Temporary) (Class TZ)
1227 Maritime Crew (Temporary) (Class ZM)
1228 Skilled (Provisional) (Class VF)
1229 Skilled (Provisional) (Class VC)
1230 Skilled—Regional Sponsored (Provisional) (Class SP)
1231 Temporary Work (Short Stay Specialist) (Class GA)
1234 Temporary Work (International Relations) (Class GD)
1236 Visitor (Class FA)
1237 Temporary Activity (Class GG)
1238 Training (Class GF)
1239 Family (Temporary) (Class GH)
1240 Skills in Demand (Class GK)
1241 Skilled Work Regional (Provisional) (Class PS)
1242 Skilled Employer Sponsored Regional (Provisional) (Class PE)
Part 3—Bridging visas
1301 Bridging A (Class WA)
1302 Bridging B (Class WB)
1303 Bridging C (Class WC)
1304 Bridging D (Class WD)
1305 Bridging E (Class WE)
1306 Bridging F (Class WF)
1307 Bridging R (Class WR)
Part 4—Protection, Refugee and Humanitarian visas
1401 Protection (Class XA)
1402 Refugee and Humanitarian (Class XB)
1403 Temporary Protection (Class XD)
1404 Safe Haven Enterprise (Class XE)
Part 1—Preliminary
Division 1.1—Introductory
1.01 Name of Regulations
These Regulations are the Migration Regulations 1994.
Division 1.2—Interpretation
Note: This Division sets out definitions that apply to the Regulations as a whole. Elsewhere in the Regulations there may be definitions that have more limited application. A term defined in section 5 of the Act has the same meaning in the Regulations, in the absence of a contrary intention.
1.03 Definitions
In these Regulations, unless the contrary intention appears:
AASES form, for a secondary exchange student, means an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:
(a) a declaration made by the student’s exchange organisation, accepting the student;
(b) a declaration made by the student’s parents, or the person or persons having custody of the student, agreeing to the exchange.
academic year means a period that is specified by the Minister as an academic year in an instrument in writing for this definition.
additional applicant charge means the charge explained in subregulation 2.12C(4).
adequate arrangements for health insurance means arrangements to be covered by health insurance:
(a) that meet the requirements for health insurance specified in an instrument under regulation 1.15L for the purposes of this paragraph; or
(b) if no such requirements are specified—that are adequate in the circumstances.
adoption has the meaning set out in regulation 1.04.
Note: adopt and adopted have corresponding meanings: see Acts Interpretation Act 1901, section 18A.
adoption compliance certificate means an adoption compliance certificate within the meaning of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 or the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.
Note: The text of the Adoption Convention is set out in Schedule 1 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention country means a country that is a Convention country under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
adverse information has the meaning given by regulation 1.13A.
aged care service has the same meaning as in the Aged Care Act 1997.
aged dependent relative, in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means a relative who:
(a) does not have a spouse or de facto partner; and
(b) has been dependent on that person for a reasonable period, and remains so dependent; and
(c) is old enough to be granted an age pension under the Social Security Act 1991.
aged parent means a parent who is old enough to be granted an age pension under the Social Security Act 1991.
aircraft safety inspector means a person who:
(a) is employed by a foreign government to inspect the safety procedures of international air carriers or the safety of aircraft; and
(b) travels to Australia on an aircraft in the course of that employment; and
(c) will depart Australia on an aircraft in the course of that employment or as a passenger.
airline crew member means:
(a) a person who:
(i) is employed by an international air carrier as an aircrew member; and
(ii) travels to Australia in the course of his or her employment as a member of the crew of an aircraft; and
(iii) will depart Australia in the course of his or her employment as a member of the crew of, or a passenger on, an aircraft; or
(b) an aircraft safety inspector.
airline positioning crew member means a person who:
(a) is employed by an international air carrier as an aircrew member; and
(b) travels to Australia in the course of his or her employment as a passenger on an aircraft; and
(c) will depart Australia as a member of the crew of an aircraft.
annual market salary rate, for a proposed occupation nominated under section 140GB of the Act or an occupation in relation to which a position is nominated under regulation 5.19, means the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work on a full‑time basis for a year in the same workplace at the same location.
ANZSCO has the meaning specified by the Minister in an instrument in writing for this definition.
APEC means Asia‑Pacific Economic Co‑operation.
APEC economy means each of the following:
(a) Australia;
(b) Brunei Darussalam;
(c) Canada;
(d) Chile;
(e) PRC;
(f) Hong Kong;
(g) Indonesia;
(h) Japan;
(i) the Republic of Korea;
(j) Malaysia;
(k) Mexico;
(l) New Zealand;
(m) Papua New Guinea;
(n) Peru;
(o) the Republic of the Philippines;
(p) the Russian Federation;
(q) Singapore;
(r) Taiwan;
(s) Thailand;
(t) the United States of America;
(u) Vietnam.
appropriate regional authority, in relation to a State or Territory and applications for visas of a particular class, means a Department or authority of that State or Territory that is specified in a legislative instrument made by the Minister in relation to the grant of visas of that class.
approved form means a form approved by the Minister under section 495 of the Act or regulation 1.18, and a reference to an approved form by number is a reference to the form so approved and numbered.
approved provider has the same meaning as in the Aged Care Act 1997.
Arts Minister means the Minister responsible for administering the National Gallery Act 1975.
ASCO means the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997.
Note: At the time this definition commenced, the standard was available at http://www.abs.gov.au.
Asia‑Pacific forces member means a person who:
(a) is a member of the armed forces of Brunei, Fiji, Malaysia, Thailand or Tonga; and
(b) is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c) holds military identity documents and movement orders issued from an official source of the relevant country.
assistance notice means a notice in writing, issued by the Minister, the Secretary or an SES employee or acting SES employee of the Department, in relation to a non‑citizen, advising that:
(a) the non‑citizen is required in Australia to assist in the administration of criminal justice in relation to human trafficking, slavery or slavery‑like practices; and
(b) satisfactory arrangements have been made to meet the cost of keeping the non‑citizen in Australia.
associated entity, of a person, means an entity that is an associated entity of the person under section 50AAA of the Corporations Act 2001, determined as if that section applied in relation to entities including a body of the Commonwealth, a State or a Territory.
associated with has a meaning affected by regulation 1.13B.
assurance of support, in relation to an application for the grant of a visa, means an assurance of support under Chapter 2C of the Social Security Act 1991.
AUD, in relation to an amount of money, means Australian dollars.
AusAID means the body that was known as the Australian Agency for International Development.
AusAID Minister means a Minister who was responsible for administering AusAID.
Australian child order has the meaning given by subsection 70L(1) of the Family Law Act 1975.
Note: Subsection 70L(1) of the Family Law Act 1975 provides that an Australian child order means:
(a) a Subdivision C parenting order; or
(b) a State child order.
Australian International Shipping Register means the Register established by subsection 56(2) of the Shipping Registration Act 1981.
Australian permanent resident means:
(a) in relation to an applicant for a Return (Residence) (Class BB) visa—a non‑citizen who is the holder of a permanent visa; or
(b) in any other case (other than in the case of an applicant for registration as a migration agent under Part 3 of the Act)—a non‑citizen who, being usually resident in Australia, is the holder of a permanent visa.
Note: For paragraph 294(1)(b) of the Act, regulation 6C of the Migration Agents Regulations 1998 specifies the persons who are Australian permanent residents for the purposes of an applicant for registration as a migration agent under Part 3 of the Act.
Australian relative, for an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Australian study requirement has the meaning given by regulation 1.15F.
Australia Travel Declaration, in relation to the arrival of a person in Australia, means the digital declaration known by that name that is:
(a) submitted by the person in respect of that arrival to the departmental system that processes such declarations; or
(b) if the person has submitted one or more subsequent digital declarations in respect of that arrival—the most recently submitted declaration.
authorised officer means an officer authorised by the Secretary for the purposes of the provision in which it occurs.
award course means a course of education or training leading to:
(a) the completion of a primary or secondary education program; or
(b) a degree, diploma, trade certificate or other formal award.
balance of family test has the meaning set out in regulation 1.05.
base application charge means the charge explained in subregulation 2.12C(3).
bilateral adoption arrangement means an arrangement between Australia and another country that allows the adoption of a child from the other country to be recognised in Australia under the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023.
British National (Overseas) passport means a passport issued by the United Kingdom of Great Britain and Northern Ireland to a person who is identified in the passport as having a form of British nationality described as British National (Overseas).
business innovation and investment points test means the test set out in Schedule 7A.
Note: This test relates to Business Skills (Provisional) (Class EB) visas.
business visitor activity:
(a) means any of the following activities undertaken by a person:
(i) making a general business or employment enquiry;
(ii) investigating, negotiating, entering into, or reviewing a business contract;
(iii) an activity carried out as part of an official government to government visit;
(iv) participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation; but
(b) does not include either of the following activities:
(i) an activity that is, or includes, undertaking work for, or supplying services to, an organisation or other person based in Australia;
(ii) an activity that is, or includes, the sale of goods or services directly to the general public.
Note: An example for paragraph (b) is making a general business enquiry of an organisation based in Australia and also undertaking work for the organisation as part of investigating a business opportunity.
carer has the meaning given by regulation 1.15AA.
carried out for an excluded employer: see subregulation 1.15FB(1).
CEO of Austrade means the Chief Executive Officer of the Australian Trade and Investment Commission referred to in section 7B of the Australian Trade and Investment Commission Act 1985.
certifying entity has the meaning given by subregulation 1.15R(1).
clearance officer has the meaning given by section 165 of the Act.
Note: the definition is:
clearance officer means an officer, or other person, authorised by the Minister to perform duties for the purposes of [Division 5 of Part 2 of the Act].
client number means a client identification number generated by an electronic system maintained by or on behalf of Immigration.
close relative, in relation to a person, means:
(a) the spouse or de facto partner of the person; or
(b) a child, parent, brother or sister of the person; or
(c) a step‑child, step‑brother or step‑sister of the person.
CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of the Australian Criminal Intelligence Commission.
Commissioner means a Commissioner appointed under section 203 of the Act.
Commonwealth country means each of the following countries:
(a) Antigua;
(b) Bahamas;
(c) Barbados;
(d) Belize;
(e) Canada;
(f) Grenada;
(g) Jamaica;
(h) Mauritius;
(j) New Zealand;
(k) Papua New Guinea;
(l) Saint Lucia;
(m) Saint Vincent and the Grenadines;
(n) Solomon Islands;
(p) St Christopher and Nevis;
(q) Tuvalu;
(r) the United Kingdom of Great Britain and Northern Ireland.
Commonwealth forces member means a person who:
(a) is a member of the armed forces of a Commonwealth country; and
(b) is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c) holds military identity documents and movement orders issued from an official source of the relevant country.
Commonwealth Medical Officer means a medical practitioner employed or engaged by the Australian government.
community safety order has the same meaning as in Division 395 of the Criminal Code.
community services includes the provision of an Australian social security benefit, allowance or pension.
compelling need to work has the meaning set out in regulation 1.08.
competent authority, in relation to an adoption (including a prospective adoption), means:
(a) for Australia:
(i) in the case of an adoption to which the Adoption Convention applies—a State Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
(ii) in the case of an adoption to which a bilateral adoption arrangement applies—a competent authority within the meaning of paragraph (b) of the definition of competent authority in subsection 4(1) of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023; and
(iii) in any other case—the child welfare authorities of an Australian State or Territory; and
(b) for an Adoption Convention country—a Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
(c) for an overseas jurisdiction that is declared under section 5 of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 to be a prescribed overseas jurisdiction for the purposes of that instrument—a person, body or office in the prescribed overseas jurisdiction responsible for approving the adoption of children; and
(d) for any other overseas country—a person, body or office in that overseas country responsible for approving the adoption of children.
competent English has the meaning given by regulation 1.15C.
complying entrepreneur activity: see regulation 5.19E.
complying investment—see regulation 5.19B.
complying premium investment: see regulation 5.19D.
complying significant investment: see regulation 5.19C.
concession period: see regulation 1.15N.
condition means a condition set out in a clause of Schedule 8, and a reference to a condition by number is a reference to the condition set out in the clause so numbered in that Schedule.
confirmation of enrolment, in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Education Services for Overseas Students Act 2000.
contact hours, for a course for a period, means the total number of hours in the period for which students enrolled in the course are scheduled to attend classes for teaching purposes, course‑related information sessions, supervised study sessions and examinations.
contributory parent newborn child means:
(a) a child (other than an adopted child) of a parent, born at a time when that parent holds:
(i) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii) a bridging visa if the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) a child (other than an adopted child) of a parent, born at a time when that parent holds:
(i) a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(ii) a bridging visa if the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
core skills income threshold means $73,150.
Note: This amount is indexed under regulation 5.42A.
COVID‑19 affected visa means an offshore COVID‑19 affected visa or an onshore COVID‑19 affected visa.
criminal detention has the meaning set out in regulation 1.09.
critical technology means:
(a) technology of a kind specified for the purposes of this definition by the Minister under subregulation 1.15Q(2); or
(b) property of every description (whether tangible or intangible) that is:
(i) part of; or
(ii) a result of; or
(iii) used for the purposes of researching, testing, developing or manufacturing;
any technology of a kind specified for the purposes of this definition by the Minister under subregulation 1.15Q(2).
custody, in relation to a child, means:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.
Defence means the Department of Defence.
Defence Minister means the Minister for Defence.
Defence student has the meaning given in regulation 1.04B.
dependent has the meaning given by regulation 1.05A.
dependent child, of a person, means the child or step‑child of the person (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner), being a child or step‑child who:
(a) has not turned 18; or
(b) has turned 18 and:
(i) is dependent on that person; or
(ii) is incapacitated for work due to the total or partial loss of the child’s or step‑child’s bodily or mental functions.
designated APEC economy means an APEC economy specified in a legislative instrument made by the Minister for the purposes of this definition.
designated area means an area specified as a designated area by the Minister in an instrument in writing for this definition.
designated city or major regional centre has the meaning given by subregulation 1.15M(1).
designated foreign dignitary means a person to whom subregulation 3.06A(1) or (5) applies.
designated regional area means:
(a) a designated city or major regional centre; or
(b) a regional centre or other regional area.
earnings has a meaning affected by regulation 2.57A.
Education means the Department administered by the Education Minister.
Education Minister means the Minister administering the Australian Education Act 2013.
education provider, for a registered course in a location, means each institution, body or person that is a registered provider of the course in that location, for the Education Services for Overseas Students Act 2000.
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
ELICOS means an English Language Intensive Course for Overseas Students that is a registered course.
eligible business has the meaning given to it in subsection 134(10) of the Act.
eligible New Zealand citizen means a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991.
Employment Minister means the Minister responsible for employment policy, including employment services.
entertainment sponsor means a person who:
(b) is approved as a work sponsor in relation to the entertainment sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
entry permit has the meaning given by subsection 4(1) of the Act as in force immediately before 1 September 1994, and includes an entry visa operating as an entry permit.
entry visa has the meaning given by subsections 4(1) and 17(5) of the Act as in force immediately before 1 September 1994.
ETA‑eligible passport has the meaning given in regulation 1.11B.
eVisitor eligible passport has the meaning given by regulation 1.11C.
financial institution means a body corporate that, as part of its normal activities, takes money on deposit and makes advances of money:
(a) under a regulatory regime:
(i) governed by the central bank (or its equivalent) of the country in which the body corporate operates; and
(ii) that the Minister is satisfied provides effective prudential assurance; and
(b) in a way that the Minister is satisfied complies with effective prudential assurance requirements.
fiscal year, in relation to a business or investment, means:
(a) if there is applicable to the business or investment by law an accounting period of 12 months—that period; or
(b) in any other case—a period of 12 months approved by the Minister in writing for that business or investment.
Foreign Affairs means the Department of Foreign Affairs and Trade.
Foreign Affairs recipient: see subregulation 1.04A(2).
Foreign Affairs student: see subregulation 1.04A(3).
foreign armed forces dependant means a person who:
(a) is the spouse or de facto partner of, or a dependent relative of:
(i) an Asia‑Pacific forces member; or
(ii) a Commonwealth forces member; or
(iii) a SOFA forces member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the armed forces of Japan; or
(iv) a SOFA forces civilian component member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the civilian component of the armed forces of Japan; and
(b) holds a valid national passport and a certificate that he or she is the spouse or de facto partner, or a dependent relative, of a person referred to in subparagraph (a)(i), (ii), (iii) or (iv); and
(c) is accompanying or joining a person of that kind.
Foreign Minister means the Minister for Foreign Affairs.
foreign naval forces member means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship.
funded aged care service has the same meaning as in the Aged Care Act 2024.
gateway airport has the meaning given by subregulation 5.41C(3).
General Skilled Migration visa means a Subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 491, 885, 886 or 887 visa, granted at any time.
government entity means:
(a) a Department, agency or authority of the Commonwealth, a State or a Territory; or
(b) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory.
guardian, in relation to a child, means a person who:
(a) has responsibility for the long‑term welfare of the child; and
(b) has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
(i) the right to have the daily care and control of the child; and
(ii) the right and responsibility to make decisions concerning the daily care and control of the child.
guest of Government means:
(a) an official guest of the Australian government; or
(b) a member of the immediate family of the official guest of the Australian Government, who is accompanying the official guest.
has an outstanding public health debt has the meaning given by regulation 1.15K.
home country, in relation to a person, means:
(a) the country of which the person is a citizen; or
(b) if the person is not usually resident in that country, the country of which the person is usually a resident.
Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.
Hong Kong passport means a Hong Kong Special Administrative Region of the People’s Republic of China passport.
human trafficking includes activities such as trafficking in persons, organ trafficking and debt bondage.
IELTS test means the International English Language Testing System test.
Immigration means the Department administered by the Minister administering the Migration Act 1958.
in Australia means in the migration zone.
international air carrier has the meaning given by subsection 504(6) of the Act.
international traveller has the meaning given by subregulation 5.41C(3).
Internet application means an application for a visa made using a form mentioned in paragraph 1.18(2)(b) that is sent to Immigration by electronic transmission using a facility made available at an Internet site mentioned in subparagraph 1.18(2)(b)(ii), in a way authorised by that facility.
labour agreement has the meaning given by subregulation 2.75C(1).
long stay activity sponsor means a person who:
(b) is approved as a work sponsor in relation to the long stay activity sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
long‑term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued:
(a) if there is a dependent child (other than a step‑child) of both the applicant and the other person—for not less than 2 years; or
(b) in any other case—for not less than 3 years.
Macau means the Macau Special Administrative Region of the People’s Republic of China.
main business has the meaning set out in regulation 1.11.
managed fund means an investment to which all of the following apply:
(a) the investment is made by a member:
(i) acquiring interests in a managed investment scheme (within the meaning of the Corporations Act 2001); or
(ii) acquiring a financial product mentioned in paragraph 764A(1)(d), (e) or (f) of the Corporations Act 2001 that may result in a payment from an approved benefit fund (within the meaning of the Life Insurance Act 1995), or a statutory fund maintained under the Life Insurance Act 1995;
(b) the investment is not able to be traded on a financial market (within the meaning of section 767A of the Corporations Act 2001);
(c) if the investment is interests in a managed investment scheme—no representation has been made to any member of the scheme that the interests will be able to be traded on a financial market;
(d) the issue of the interest or the financial product is covered by an Australian financial services licence issued under section 913B of the Corporations Act 2001.
Medical Officer of the Commonwealth means a medical practitioner appointed by the Minister in writing under regulation 1.16AA to be a Medical Officer of the Commonwealth for the purposes of these Regulations.
member of the crew, in relation to a non‑military ship or superyacht:
(a) means any of the following persons:
(i) a person who is involved in the usual day to day routine maintenance or business of the ship or superyacht while it is at sea, including a supernumerary member of the crew;
(ii) for a ship described in subparagraph (a)(ii) of the definition of non‑military ship—a person who is engaged in scientific research conducted on or from the ship;
whether the person works as an employee, a contractor or in another capacity; but
(b) does not include a person who only works on a ship or superyacht while it is in port or dry dock unless that person:
(i) travelled with the ship or superyacht to reach the port or dry dock; or
(ii) travels with the ship or superyacht after completing the work in port or dry dock.
member of the family unit has the meaning set out in regulation 1.12.
Note: For member of the same family unit, see subsection 5(1) of the Act.
member of the immediate family has the meaning given by regulation 1.12AA.
member of the Royal Family means a member of the Sovereign’s immediate family.
member of the Royal party includes:
(a) a member of the personal staff of the Sovereign who is accompanying the Sovereign in Australia; and
(b) a member of the personal staff of a member of the Royal Family, being a staff member who is accompanying that member of the Royal Family in Australia; and
(c) a media representative accompanying the official party of the Sovereign or of a member of the Royal Family in Australia; and
(d) a person who is accompanying the Sovereign or a member of the Royal Family in Australia as a member of the official party of the Sovereign or the member of the Royal Family.
Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended from time to time.
Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended from time to time.
Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 367 and those Regulations as amended from time to time.
Note: The Migration (1993) Regulations are listed in full in Part 1 of the Schedule to the Migration Reform (Transitional Provisions) Regulations. They are repealed by regulation 42 of those Regulations but continue to apply to certain matters.
nomination end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day 3 months after the sponsorship end day in relation to the nomination.
nominator has the meaning given by regulation 1.13.
non‑award course means a course of education or training that is not an award course.
non‑Internet application charge means the charge explained in subregulations 2.12C(7) to (9).
non‑military ship:
(a) means a ship:
(i) that is engaged in:
(A) commercial trade; or
(B) the carriage of passengers for reward; or
(ii) that is owned and operated by a foreign government for the purposes of scientific research; or
(iii) that has been accorded public vessel status by Foreign Affairs; or
(iv) that:
(A) has been imported under section 49A of the Customs Act 1901; and
(B) is registered in the Australian International Shipping Register; or
(v) that:
(A) has been entered for home consumption under section 71A of that Act; and
(B) is registered in the Australian International Shipping Register; and
(b) does not include a ship:
(i) that:
(A) has been imported under section 49A of the Customs Act 1901; and
(B) is not registered in the Australian International Shipping Register; or
(ii) that:
(A) has been entered for home consumption under section 71A of that Act; and
(B) is not registered in the Australian International Shipping Register.
non‑monetary benefits has the meaning given by subregulation 2.57A(3).
office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre.
offshore COVID‑19 affected visa means:
(a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or
(b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2).
onshore COVID‑19 affected visa means:
(a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or
(b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B).
oral application, in relation to a visa, means an application made in accordance with regulation 2.09.
orphan relative has the meaning set out in regulation 1.14.
outside Australia means outside the migration zone.
outstanding: a parent visa application is outstanding if none of the following has occurred:
(a) the application has been withdrawn;
(b) each decision that has been made in respect of the application is not, or is no longer, subject to any form of review by the ART or judicial review proceedings (including proceedings on appeal);
(c) a decision that has been made in respect of the application was subject to review by the ART or judicial review proceedings (including proceedings on appeal) but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed.
overseas business sponsor means a standard business sponsor who was lawfully operating a business outside Australia and was not lawfully operating a business in Australia at the time:
(a) the approval as a standard business sponsor was granted; or
(b) if a term of the approval as a standard business sponsor has been varied—of the most recent variation.
overseas flight has the meaning given by subregulation 5.41C(3).
overseas passenger means:
(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage—a passenger:
(i) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) whose journey in the vessel ends in Australia; or
(ii) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) intends to journey in the vessel to a place outside Australia; and
(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel who:
(i) joined the vessel at a port in Australia; and
(ii) intends to journey in the vessel to or beyond that place outside Australia.
Note: Under the Act, vessel includes an aircraft, and port includes an airport.
overseas voyage, in relation to a vessel, means a voyage that commenced at, or during which the vessel called at, a place outside Australia.
ownership interest has the meaning given to it in subsection 134(10) of the Act.
parenting order has the meaning given by subsection 64B(1) of the Family Law Act 1975.
parent sponsor means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.
parent visa means a visa of a class that is specified in Schedule 1 using the word ‘parent’ in the title of the visa.
parole means conditional release from prison before the completion of a sentence of imprisonment.
passenger card means a card of the kind referred to in section 506 of the Act.
periodic detention means a system of restriction of liberty by which periods at liberty alternate with periods in prison, and includes the systems of intermittent imprisonment known as day release and weekend release.
permanent humanitarian visa means:
(a) a Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa; or
(aa) a Resolution of Status (Class CD) visa; or
(b) a Group 1.3 or Group 1.5 (Permanent resident (refugee and humanitarian)) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c) a humanitarian visa, or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i) such a visa granted on the basis of an application for a visa, or entry permit, of a kind specified in paragraph (b) or (c); or
(ii) a visa or entry permit of a kind specified in paragraph (b) or (c) having effect under those Regulations as a transitional (permanent) visa.
personal identifier has the meaning given by section 5A of the Act.
petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
petroleum export tanker crew member: a person is a petroleum export tanker crew member if:
(a) the person is a member of the crew of a non‑military ship; and
(b) the person enters one or more areas while on board the ship to participate in, or support, an offshore resources activity in relation to that area or those areas involving the recovery of petroleum; and
(c) under subsection 9A(1) of the Act, the person is taken, for the purposes of the Act, to be in the migration zone while the person is in the area or those areas to participate in, or support, such an activity; and
(d) before the person so enters the area, or the first of the areas, the ship’s last port of departure was a port outside Australia; and
(e) the recovered petroleum will be received by the ship for export; and
(f) the person will depart from the area, or the last of the areas, on board the ship for a port outside Australia.
points system means the system of assessment under Subdivision B of Division 3 of Part 2 of the Act.
PRC means the People’s Republic of China.
prescribed form means a form set out in Schedule 10, and a reference to a prescribed form by number is a reference to the form so numbered in that Schedule.
primary sponsored person has the meaning given by subregulation 2.57(1).
professional development sponsor means a person who:
(b) is approved as a work sponsor in relation to the professional development sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
proficient English has the meaning given by regulation 1.15D.
program of seasonal work means arrangements for the performance of seasonal work in Australia that have been approved, in writing, by the Secretary of a Commonwealth Department as a program of seasonal work for the purposes of this definition.
prohibited non‑citizen means a person who, on or before 18 December 1989, was a prohibited non‑citizen within the meaning of the Act as in force at that time.
proliferation of weapons of mass destruction includes directly or indirectly assisting in the development, production, trafficking, acquisition or stockpiling of:
(a) weapons that may be capable of causing mass destruction; or
(b) missiles or other devices that may be capable of delivering such weapons.
protection visa has the meaning given by section 35A of the Act.
Note: Section 35A of the Act covers the following:
(a) permanent protection visas (classified by these Regulations as Protection (Class XA) visas when this definition commenced);
(b) other protection visas formerly provided for by subsection 36(1) of the Act;
(c) temporary protection visas (classified by these Regulations as Temporary Protection (Class XD) visas when this definition commenced);
(d) any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.
See also section 36 and Subdivision AL of Division 3 of Part 2 of the Act.
public interest criterion means a criterion set out in a clause of Part 1 of Schedule 4, and a reference to a public interest criterion by number is a reference to the criterion set out in the clause so numbered in that Part.
qualifying business means an enterprise that:
(a) is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and
(b) is not operated primarily or substantially for the purpose of speculative or passive investment.
regional centre or other regional area has the meaning given by subregulation 1.15M(2).
regional provisional visa means:
(a) a Subclass 491 (Skilled Work Regional (Provisional)) visa; or
(b) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
registered course means a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.
Note: A current list of registered courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 14A of the Education Services for Overseas Students Act 2000.
registered provider has the same meaning as in the Aged Care Act 2024.
relative, in relation to a person, means:
(a) in the case of an applicant for a Subclass 200 (Refugee) visa or a protection visa:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew; or
(iii) a first or second cousin; or
(b) in any other case:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew.
Note: Close relative is defined in this regulation: see above.
relevant assessing authority means a person or body specified under regulation 2.26B.
religious institution means a body:
(a) the activities of which reflect that it is a body instituted for the promotion of a religious object; and
(b) the beliefs and practices of the members of which constitute a religion due to those members:
(i) believing in a supernatural being, thing or principle; and
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
(c) that meets the requirements of section 50‑50 of the Income Tax Assessment Act 1997; and
(d) the income of which is exempt from income tax under section 50‑1 of that Act.
remaining relative has the meaning set out in regulation 1.15.
