Sch 3criterion means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.

Schedule 3 criterion means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule. school‑age dependant, in relation to a person, means a member of the family unit of the person who has turned 5, but has not turned 18. score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test. secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by the State or Territory education authority that administers the program. secondary sponsored person has the meaning given by subregulation 2.57(1). Secretary of Social Services means the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act 1991. settled, in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period. skilled occupation has the meaning given by regulation 1.15I. Skills Assessment Department means the Department administered by the Skills Assessment Minister. Skills Assessment Minister means the Minister responsible for skills assessment services. Skills Assessment Secretary means the Secretary of the Skills Assessment Department. SOFA forces civilian component member means a person who:  (a) is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the civilian component of the armed forces of one of those countries; and  (b) holds a national passport that is in force and a certificate that he or she is a member of the civilian component of the armed forces of the relevant country. SOFA forces member means a person who:  (a) is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the armed forces of one of those countries; and  (b) holds military identity documents and movement orders issued from an official source of the relevant country. specialist skills income threshold means $135,000. Note: This amount is indexed under regulation 5.42A. special processing area has the meaning given by subregulation 5.41C(3). special program sponsor means a person who:  (b) is approved as a work sponsor in relation to the special program sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016. special return criterion means a criterion set out in a clause of Schedule 5, and a reference to a special return criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule. specified Subclass 417 work means work that:  (a) was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FAA; and  (b) was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FAA. specified Subclass 462 work means work that:  (a) was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FA; and  (b) was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FA. sponsor has the meaning given by subregulation 1.20(1). sponsorship means an undertaking of the kind referred to in regulation 1.20 to sponsor an applicant. sponsorship end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day on which the approval as a standard business sponsor of the person who made the nomination ceases. standard business sponsor means a person who:  (b) is approved as a work sponsor in relation to the standard business sponsor class by the Minister under subsection 140E(1) of the Act. statutory function has the meaning given by subregulation 5.41C(3). step‑child, in relation to a parent, means:  (a) a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or  (b) a person who is not the child of the parent but:  (i) who is the child of the parent’s former spouse or former de facto partner; and  (ii) who has not turned 18; and  (iii) in relation to whom the parent has:  (A) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long‑term or day‑to‑day care, welfare and development; or  (B) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country. student visa means any of the following subclasses of visa:  (aa) a Subclass 500 (Student) visa;  (a) a Subclass 570 (Independent ELICOS Sector) visa;  (b) a Subclass 571 (Schools Sector) visa;  (c) a Subclass 572 (Vocational Education and Training Sector) visa;  (d) a Subclass 573 (Higher Education Sector) visa;  (e) a Subclass 574 (Postgraduate Research Sector) visa;  (f) a Subclass 575 (Non‑Award Sector) visa;  (g) a Subclass 576 (Foreign Affairs or Defence Sector) visa. Subclass 420 (Entertainment) visa includes a Subclass 420 (Temporary Work (Entertainment)) visa. Note: Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa. 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. subsequent temporary application charge means the charge explained in subregulations 2.12C(5) and (6). substituted Subclass 600 visa means:  (a) a Subclass 600 (Visitor) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act; or  (b) a Subclass 676 (Tourist) visa that was granted, before 23 March 2013, following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act. Note: Before these Regulations were amended on 23 March 2013, a visa described in paragraph (b) was referred to as a “substituted Subclass 676 visa”. superior English has the meaning given by regulation 1.15EA. superyacht means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G to be a superyacht. superyacht crew sponsor means a person who:  (b) is approved as a work sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016. temporary activities sponsor means a person who:  (b) is approved as a work sponsor in relation to the temporary activities sponsor class by the Minister under subsection 140E(1) of the Act. temporary work sponsor means any of the following:  (a) a special program sponsor;  (b) an entertainment sponsor;  (c) a superyacht crew sponsor;  (d) a long stay activity sponsor;  (e) a training and research sponsor. the Act means the Migration Act 1958. tourism means participation in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel. TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences. training and research sponsor means a person who:  (b) is approved as a work sponsor in relation to the training and research sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016. 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. transitional 482 worker means a person who on 20 March 2019:  (a) held a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream; or  (b) was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream that was subsequently granted. transit passenger means a person who:  (a) enters Australia by aircraft; and  (b) holds a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of the person’s arrival in Australia; and  (d) holds documentation necessary to enter the country of his or her destination. unwanted transfer of critical technology has the meaning given by subregulation 1.15Q(1). vocational English has the meaning given in regulation 1.15B. weapons of mass destruction determination means a determination mentioned in any of the following provisions:  (a) sub‑subparagraph 2.43(1)(a)(i)(B);  (b) subparagraph 2.43(1)(a)(ii);  (c) paragraph (b) of public interest criterion 4003;  (d) public interest criterion 4003A. work means an activity that, in Australia, normally attracts remuneration. working age means:  (a) in the case of a female, under 60 years of age; and  (b) in the case of a male, under 65 years of age. workplace exploitation matter has the meaning given by subregulation 1.15R(2). 1.04  Adoption  (1) A person (in this regulation called the adoptee) is taken to have been adopted by a person (in this regulation called the adopter) if, before the adoptee attained the age of 18 years, the adopter assumed a parental role in relation to the adoptee under:  (a) formal adoption arrangements made in accordance with, or recognised under, the law of a State or Territory of Australia relating to the adoption of children; or  (b) formal adoption arrangements made in accordance with the law of another country, being arrangements under which the persons who were recognised by law as the parents of the adoptee before those arrangements took effect ceased to be so recognised and the adopter became so recognised; or  (c) other arrangements entered into outside Australia that, under subregulation (2), are taken to be in the nature of adoption.  (2) For the purposes of paragraph (1)(c), arrangements are taken to be in the nature of adoption if:  (a) the arrangements were made in accordance with the usual practice, or a recognised custom, in the culture or cultures of the adoptee and the adopter; and  (b) the child‑parent relationship between the adoptee and the adopter is significantly closer than any such relationship between the adoptee and any other person or persons, having regard to the nature and duration of the arrangements; and  (c) the Minister is satisfied that:  (i) formal adoption of the kind referred to in paragraph (1)(b):  (A) was not available under the law of the place where the arrangements were made; or  (B) was not reasonably practicable in the circumstances; and  (ii) the arrangements have not been contrived to circumvent Australian migration requirements. 1.04A  Foreign Affairs recipients and Foreign Affairs students 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. Foreign Affairs student visa means a student visa granted to a person who, as an applicant:  (a) satisfied the primary criteria for the grant of the visa; and  (b) 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.  (2) A person is a Foreign Affairs recipient if:  (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 a 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. 1.04B  Defence student   A person is a Defence student if:  (a) the person has been approved by the Defence Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Defence Minister; and  (b) the person is:  (i) the holder of a student visa granted in circumstances where the person intended to undertake the course of study or training; or  (ii) an applicant for a student visa whose application shows an intention to undertake the course of study or training; and  (c) in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased, completed, withdrawn from, or been excluded from:  (i) the course of study or training to which the visa relates; or  (ii) another course approved by the Defence Minister in substitution for that course. 1.05  Balance of family test  (1) For the purposes of this regulation:  (a) a person is a child of another person (the parent) if the person is a child or step‑child of:  (i) the parent; or  (ii) a current spouse or current de facto partner of the parent; and  (b) if the whereabouts of a child of the parent are unknown, the child is taken to be resident in the child’s last known usual country of residence.  (2) For this regulation:  (a) a child of the parent is an eligible child if the child is:  (i) an Australian citizen; or  (ii) an Australian permanent resident usually resident in Australia; or  (iii) an eligible New Zealand citizen usually resident in Australia; and  (b) any other child of the parent is an ineligible child.  (2A) An ineligible child is taken to be resident overseas.  (2B) The overseas country in which an ineligible child is taken to reside is:  (a) the overseas country in which the child is usually resident; or  (b) the last overseas country in which the child was usually resident; or  (c) if the child no longer has a right of return to the country mentioned in paragraph (a) or (b)—the child’s country of citizenship.  (2C) A parent satisfies the balance of family test if the number of eligible children is greater than or equal to the number of ineligible children.  (2D) However, if the greatest number of children who are:  (a) ineligible children; and  (b) usually resident in a particular overseas country; is less than the number of eligible children, then the parent satisfies the balance of family test.  (3) In applying the balance of family test, no account is to be taken of a child of the parent:  (a) if the child has been removed by court order, by adoption or by operation of law (other than in consequence of marriage) from the exclusive custody of the parent; or  (b) if the child is resident in a country where the child suffers persecution or abuse of human rights and it is not possible to reunite the child and the parent in another country; or  (c) if the child:  (i) is resident in a refugee camp operated by the United Nations High Commissioner for Refugees; and  (ii) is registered by the Commissioner as a refugee. 1.05A  Dependent  (1) Subject to subregulation (2), a person (the first person) is dependent on another person if:  (a) at the time when it is necessary to establish whether the first person is dependent on the other person:  (i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and  (ii) the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or  (b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.  (2) A person (the first person) is dependent on another person for the purposes of an application for:  (d) a protection visa; or  (ea) a Refugee and Humanitarian (Class XB) visa; or  (i) a Temporary Safe Haven (Class UJ) visa; if the first person is wholly or substantially reliant on the other person for financial, psychological or physical support. 1.06  References to classes of visas   A class of visas may be referred to:  (a) in the case of a class of visas referred to in Schedule 1—by the code allotted to the class in the heading of the item in Schedule 1 that relates to that class of visas; or  (b) in the case of a transitional visa, by the following codes:  (i) transitional (permanent): BF;  (ii) transitional (temporary): UA. Note: For example, a Special Program (Temporary) (Class TE) visa may be referred to as a Class TE visa. 1.07  References to subclasses of visas  (1) A reference to a visa of a particular subclass (for example, ‘a visa of Subclass 414’) is a reference to a visa granted on satisfaction of the criteria for the grant of the visa, or the grant of the visa in a stream, set out in the Part of Schedule 2 that bears the number of the subclass. Note: The criteria for the grant of the visa may include criteria described as a ‘stream’: see subregulation 2.03(1A).  (2) A reference to an applicant for a visa of a particular subclass is a reference to an applicant who applies for a visa of a class that may, under Schedule 1, be granted on satisfaction of the criteria for the grant of the visa, or the grant of the visa in a stream, set out in the Part of Schedule 2 that bears the number of the subclass. Note: The criteria for the grant of the visa may include criteria described as a ‘stream’: see subregulation 2.03(1A). 1.08  Compelling need to work   For the purposes of these Regulations, a non‑citizen has a compelling need to work if and only if:  (a) he or she is in financial hardship; or  (d) he or she:  (i) is an applicant for a Temporary Business Entry (Class UC) visa who seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and  (ii) is identified in an approved nomination of an occupation made by:  (A) a standard business sponsor; or  (B) a former standard business sponsor; or  (C) a party to a labour agreement;   who is specified in the application for that visa; and  (iii) appears to the Minister, on the basis of information contained in the application, to satisfy the criteria for the grant of that visa. 1.09  Criminal detention   For the purposes of these Regulations, a person is in criminal detention if he or she is:  (a) serving a term of imprisonment (including periodic detention) following conviction for an offence; or  (b) in prison on remand; but not if he or she is:  (c) subject to a community service order; or  (d) on parole after serving part of a term of imprisonment; or  (e) on bail awaiting trial. 1.09A  De facto partner and de facto relationship  (1) For subsection 5CB(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB(2)(a), (b), (c) and (d) of the Act exist. Note 1: See regulation 2.03A for the prescribed criteria applicable to de facto partners. Note 2: The effect of subsection 5CB(1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.  Subsection 5CB(2) sets out conditions about whether a de facto relationship exists, and subsection 5CB(3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions exist.  (2) If the Minister is considering an application for:  (a) a Partner (Migrant) (Class BC) visa; or  (c) a Partner (Residence) (Class BS) visa; or  (d) a Partner (Temporary) (Class UK) visa; the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).  (3) The matters for subregulation (2) are:  (a) the financial aspects of the relationship, including:  (i) any joint ownership of real estate or other major assets; and  (ii) any joint liabilities; and  (iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and  (iv) whether one person in the relationship owes any legal obligation in respect of the other; and  (v) the basis of any sharing of day‑to‑day household expenses; and  (b) the nature of the household, including:  (i) any joint responsibility for the care and support of children; and  (ii) the living arrangements of the persons; and  (iii) any sharing of the responsibility for housework; and  (c) the social aspects of the relationship, including:  (i) whether the persons represent themselves to other people as being in a de facto relationship with each other; and  (ii) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and  (iii) any basis on which the persons plan and undertake joint social activities; and  (d) the nature of the persons’ commitment to each other, including:  (i) the duration of the relationship; and  (ii) the length of time during which the persons have lived together; and  (iii) the degree of companionship and emotional support that the persons draw from each other; and  (iv) whether the persons see the relationship as a long‑term one.  (4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3). 1.11  Main business  (1) For the purposes of these Regulations and subject to subregulation (2), a business is a main business in relation to an applicant for a visa if:  (a) the applicant has, or has had, an ownership interest in the business; and  (b) the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and  (c) the value of the applicant’s ownership interest, or the total value of the ownership interests of the applicant and the applicant’s spouse or de facto partner, in the business is or was:  (i) if the business is operated by a publicly listed company—at least 10% of the total value of the business; or  (ii) if:  (A) the business is not operated by a publicly listed company; and  (B) the annual turnover of the business is at least AUD400 000;   at least 30% of the total value of the business; or  (iii) if:  (A) the business is not operated by a publicly listed company; and  (B) the annual turnover of the business is less than AUD400 000;   at least 51% of the total value of the business; and  (d) the business is a qualifying business.  (2) If an applicant has, or has had, an ownership interest in more than 1 qualifying business that would, except for this subregulation, be a main business in relation to the applicant, the applicant must not nominate more than 2 of those qualifying businesses as main businesses. 1.11A  Ownership for the purposes of certain Parts of Schedule 2  (1) Subject to subregulation (4), for Parts 188 and 888 of Schedule 2, ownership by an applicant, or the applicant’s spouse or de facto partner, of an asset, an eligible investment or an ownership interest, includes beneficial ownership only if the beneficial ownership is evidenced in accordance with subregulation (2).  (2) To evidence beneficial ownership of an asset, eligible investment or ownership interest, the applicant must show to the Minister:  (a) a trust instrument; or  (b) a contract; or  (c) any other document capable of being used to enforce the rights of the applicant, or the applicant’s spouse or de facto partner, as the case requires, in relation to the asset, eligible investment or ownership interest; stamped or registered by an appropriate authority under the law of the jurisdiction where the asset, eligible investment or ownership interest is located.  (3) A document shown under subregulation (2) does not evidence beneficial ownership, for subregulation (1), for any period earlier than the date of registration or stamping by the appropriate authority.  (4) Beneficial ownership is not required to be evidenced in accordance with subregulation (2) if the person who has legal ownership of the asset, eligible investment or ownership interest in relation to which the applicant, or the applicant’s spouse or de facto partner, has beneficial ownership:  (a) is a dependent child of the applicant; and  (b) made a combined application with the applicant; and  (c) has not reached the age at which, in the jurisdiction where the asset, eligible investment or ownership interest is located, he or she can claim the benefits of ownership of the asset, eligible investment or ownership interest. 1.11B  ETA‑eligible passport  (1) A passport is an ETA‑eligible passport in relation to an application for a visa if:  (a) it is a valid passport of a kind specified in a legislative instrument made by the Minister as an ETA‑eligible passport; and  (b) the conditions (if any) specified in a legislative instrument made by the Minister for passports of that kind are satisfied in relation to that application.  (2) A passport is an ETA‑eligible passport in relation to a visa of a particular Subclass if:  (a) it is an ETA‑eligible passport in accordance with subregulation (1); and  (b) it is specified in a legislative instrument made by the Minister to be an ETA‑eligible passport for that Subclass.  (3) A passport is an ETA‑eligible passport for the purposes of regulation 1.15J if it is a valid passport of a kind specified for paragraph (1)(a). 1.11C  eVisitor eligible passport   A passport is an eVisitor eligible passport if:  (a) it is a valid passport of a kind specified by the Minister in an instrument in writing for this paragraph to be an eVisitor eligible passport; and  (b) the conditions (if any) specified in the instrument are satisfied. 1.12  Member of the family unit Scope  (1) This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act. General rule  (2) A person is a member of the family unit of another person (the family head) if the person:  (a) is a spouse or de facto partner of the family head; or  (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and:  (i) has not turned 18; or  (ii) has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or  (iii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or  (c) is a dependent child of a person who meets the conditions in paragraph (b). This subregulation has effect subject to the later subregulations of this regulation. Protection, refugee and humanitarian visas  (3) Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas:  (a) a Protection (Class XA) visa;  (b) a Refugee and Humanitarian (Class XB) visa;  (c) a Temporary Protection (Class XD) visa;  (d) a Safe Haven Enterprise (Class XE) visa;  (e) a Resolution of Status (Class CD) visa;  (f) a Temporary Safe Haven (Class UJ) visa;  (g) a Temporary (Humanitarian Concern) (Class UO) visa;  (h) a Territorial Asylum (Residence) (Class BE) visa.  (4) A person is a member of the family unit of another person (the family head) if the person is:  (a) a spouse or de facto partner of the family head; or  (b) a dependent child of:  (i) the family head; or  (ii) a spouse or de facto partner of the family head; or  (c) a dependent child of a dependent child of:  (i) the family head; or  (ii) a spouse or de facto partner of the family head; or  (d) a relative, of the family head or of a spouse or de facto partner of the family head, who:  (i) does not have a spouse or de facto partner; and  (ii) is usually resident in the family head’s household; and  (iii) is dependent on the family head. Member of the family unit of applicant for a new visa on the basis of earlier status as member of the family unit  (5) In addition to subregulation (2), a person is a member of the family unit, of an applicant for a visa (the new visa) described in column 1 of an item of the following table who seeks to satisfy the primary criteria for the new visa, if, at the time of the application for the new visa, the person:  (a) is included in the application for the new visa; and  (b) holds a visa (the old visa) described in column 2 of the item granted on the basis that the person was a member of the family unit of a person who held a visa of the same kind as the old visa.   - Members of the family units of applicants for new visas - Column 1 New visa applied for Column 2 Old visa person holds at time of application for new visa - 1 Contributory Parent (Migrant) (Class CA) visa Contributory Parent (Temporary) (Class UT) visa - 2 Contributory Aged Parent (Residence) (Class DG) visa Contributory Aged Parent (Temporary) (Class UU) visa - 3 Business Skills (Residence) (Class DF) visa Business Skills (Provisional) (Class UR) visa - 4 Business Skills (Permanent) (Class EC) visa Business Skills (Provisional) (Class EB) visa - 5 Employer Nomination (Permanent) (Class EN) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa - 6 Regional Employer Nomination (Permanent) (Class RN) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa - 7 Skilled (Residence) (Class VB) visa Any of the following visas:(a) Skilled—Independent Regional (Provisional) (Class UX) visa;(b) Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for:(i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or(ii) a Skilled (Provisional) (Class VC) visa; or(iii) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;(c) Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;(d) Subclass 475 (Skilled—Regional Sponsored) visa;(e) Subclass 487 (Skilled—Regional Sponsored) visa;(f) Skilled—Regional Sponsored (Provisional) (Class SP) visa - 8 Subclass 482 (Skills in Demand) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa - 9 Subclass 189 (Skilled—Independent) visa in the Hong Kong stream Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa;(c) Subclass 485 (Temporary Graduate) visa - 10 Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream Any of the following visas:(a) Subclass 491 (Skilled Work Regional (Provisional)) visa;(b) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa - 11 Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa;(c) Subclass 485 (Temporary Graduate) visa Student (Temporary) (Class TU) visas  (6) A person is a member of the family unit of an applicant for, or of a holder of, a Student (Temporary) (Class TU) visa if the person is:  (a) a spouse or de facto partner of the applicant or holder; or  (b) a dependent child of the applicant or holder, or of that spouse or de facto partner of the applicant or holder, who is unmarried and has not turned 18. National Innovation (Class BX) visas  (7) A person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 at the time of application if:  (a) the person is:  (i) a parent of the applicant who has made a combined application with the applicant for the visa; or  (ii) under subregulation (2), a member of the family unit of a parent of the applicant who has made a combined application with the applicant for the visa; and  (b) no person is being treated under subregulation (2) as a member of the family unit of the applicant, in relation to the applicant’s application for the visa; and  (c) no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation. 1.12AA  Member of the immediate family  (1) For these Regulations, a person A is a member of the immediate family of another person B if:  (a) A is a spouse or de facto partner of B; or  (b) A is a dependent child of B; or  (c) A is a parent of B, and B is not 18 years or more. 1.13  Meaning of nominator  (1) The nominator of an applicant for a visa is a person who, on the relevant approved form, nominates another person as an applicant for a visa of a particular class.  (2) However, a person who proposes another person for entry to Australia as an applicant for a permanent humanitarian visa is not the nominator of the other person. 1.13A  Meaning of adverse information  (1) Adverse information about a person is any adverse information relevant to the person’s suitability as:  (a) an approved sponsor; or  (b) a nominator (within the meaning of regulation 5.19).  (2) Without limiting subregulation (1), adverse information about a person includes information that the person:  (a) has contravened a law of the Commonwealth, a State or a Territory; or  (b) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or  (c) has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or  (d) has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or  (e) has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.  (3) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). information that is false or misleading in a material particular means information that is:  (a) false or misleading at the time it is given; and  (b) relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information. Note: For the definition of bogus document, see subsection 5(1) of the Act. 1.13B  Meaning of associated with  (1) Two persons are associated with each other if:  (a) they:  (i) are or were spouses or de facto partners; or  (ii) are or were members of the same immediate, blended or extended family; or  (iii) have or had a family‑like relationship; or  (iv) belong or belonged to the same social group, unincorporated association or other body of persons; or  (v) have or had common friends or acquaintances; or  (b) one is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of:  (i) the other; or  (ii) any corporation or other body in which the other is or was involved (including as an officer, employee or member); or  (c) a third person is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of both of them; or  (d) they are or were related bodies corporate (within the meaning of the Corporations Act 2001); or  (e) one is or was able to exercise influence or control over the other; or  (f) a third person is or was able to exercise influence or control over both of them.  (2) For the purposes of subregulation (1), it does not matter if a person has ceased to exist.  (3) This regulation does not limit the circumstances in which persons are associated with each other. officer has the meaning given by section 9 of the Corporations Act 2001. 1.14  Orphan relative   An applicant for a visa is an orphan relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if:  (i) has not turned 18; and  (ii) does not have a spouse or de facto partner; and  (iii) is a relative of that other person; and  (b) the applicant cannot be cared for by either parent because each of them is either dead, permanently incapacitated or of unknown whereabouts; and  (c) there is no compelling reason to believe that the grant of a visa would not be in the best interests of the applicant. 1.14A  Parent and child  (1) A reference in these Regulations to a parent includes a step‑parent.  (2) For subsection 5CA(2) of the Act, if a child has been adopted under formal adoption arrangements mentioned in paragraph 1.04(1)(a) or (b) by a person or persons (the adoptive parent or parents):  (a) the child is taken to be the child of the adoptive parent or parents; and  (b) the child is taken not to be the child of any other person (including a person who had been the child’s parent or adoptive parent before the adoption). Note 1: A child cannot have more than 2 parents (other than step‑parents) unless the child has been adopted under arrangements mentioned in paragraph 1.04(1)(c). Note 2: Parent is defined in subsection 5(1) of the Act, and child is defined in section 5CA of the Act. 1.15  Remaining relative  (1) An applicant for a visa is a remaining relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if the applicant satisfies the Minister that:  (a) the other person is a parent, brother, sister, step‑brother or step‑sister of the applicant; and  (b) the other person is usually resident in Australia; and  (c) the applicant, and the applicant’s spouse or de facto partner (if any), have no near relatives other than near relatives who are:  (i) usually resident in Australia; and  (ii) Australian citizens, Australian permanent residents or eligible New Zealand citizens; and  (d) if the applicant is a child who:  (i) has not turned 18; and  (ii) has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (the adoptive parent) while overseas:   at the time of making the application, the adoptive parent has been residing overseas for a period of at least 12 months. near relative, in relation to an applicant, means a person who is:  (a) a parent, brother, sister, step‑brother or step‑sister of the applicant or of the applicant’s spouse or de facto partner (if any); or  (b) a child (including a step‑child) of the applicant or of the applicant’s spouse or de facto partner (if any), being a child who:  (i) has turned 18 and is not a dependent child of the applicant or the applicant’s spouse or de facto partner (if any); or  (ii) has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or the applicant’s spouse or de facto partner (if any). 1.15AA  Carer  (1) An applicant for a visa is a carer of a person who is an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen (the resident) if:  (a) the applicant is a relative of the resident; and  (b) according to a certificate that meets the requirements of subregulation (2):  (i) a person (being the resident or a member of the family unit of the resident) has a medical condition; and  (ii) the medical condition is causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life; and  (iii) the impairment has, under the Impairment Tables (within the meaning of subsection 23(1) of the Social Security Act 1991), the rating that is specified in the certificate; and  (iv) because of the medical condition, the person has, and will continue for at least 2 years to have, a need for direct assistance in attending to the practical aspects of daily life; and  (ba) the person mentioned in subparagraph (b)(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and  (c) the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and  (d) if the person to whom the certificate relates is not the resident, the resident has a permanent or long‑term need for assistance in providing the direct assistance mentioned in subparagraph (b)(iv); and  (e) the assistance cannot reasonably be:  (i) provided by any other relative of the resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or  (ii) obtained from welfare, hospital, nursing or community services in Australia; and  (f) the applicant is willing and able to provide to the resident substantial and continuing assistance of the kind needed under subparagraph (b)(iv) or paragraph (d), as the case requires.  (2) A certificate meets the requirements of this subregulation if:  (a) it is a certificate:  (i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and  (ii) signed by the medical adviser who carried it out; or  (b) it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.  (3) The Minister is to take the opinion in a certificate that meets the requirements of subregulation (2) on a matter mentioned in paragraph (1)(b) to be correct for the purposes of deciding whether an applicant satisfies a criterion that the applicant is a carer. 1.15A  Spouse  (1) For subsection 5F(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F(2)(a), (b), (c) and (d) of the Act exist.  (2) If the Minister is considering an application for:  (a) a Partner (Migrant) (Class BC) visa; or  (c) a Partner (Residence) (Class BS) visa; or  (d) a Partner (Temporary) (Class UK) visa; the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).  (3) The matters for subregulation (2) are:  (a) the financial aspects of the relationship, including:  (i) any joint ownership of real estate or other major assets; and  (ii) any joint liabilities; and  (iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and  (iv) whether one person in the relationship owes any legal obligation in respect of the other; and  (v) the basis of any sharing of day‑to‑day household expenses; and  (b) the nature of the household, including:  (i) any joint responsibility for the care and support of children; and  (ii) the living arrangements of the persons; and  (iii) any sharing of the responsibility for housework; and  (c) the social aspects of the relationship, including:  (i) whether the persons represent themselves to other people as being married to each other; and  (ii) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and  (iii) any basis on which the persons plan and undertake joint social activities; and  (d) the nature of the persons’ commitment to each other, including:  (i) the duration of the relationship; and  (ii) the length of time during which the persons have lived together; and  (iii) the degree of companionship and emotional support that the persons draw from each other; and  (iv) whether the persons see the relationship as a long‑term one.  (4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3). 1.15B  Vocational English  (1) A person has vocational English if:  (b) the person is an applicant for a visa; and  (ba) for a person who was invited by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and  (bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and  (2) A person also has vocational English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation. 1.15C  Competent English  (1) A person has competent English if:  (b) the person is an applicant for a visa; and  (ba) for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and  (bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and  (2) A person also has competent English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation. 1.15D  Proficient English   A person has proficient English if:  (aa) the person is an applicant for a visa; and  (b) the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and 1.15EA  Superior English   A person has superior English if:  (aa) the person is an applicant for a visa; and  (b) the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and 1.15F  Australian study requirement  (1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:  (a) that are registered courses; and  (b) that were completed in a total of at least 16 calendar months; and  (c) that were completed as a result of a total of at least 2 academic years study; and  (d) for which all instruction was conducted in English; and  (e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study. Note: Academic year is defined in regulation 1.03. completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note: The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred. degree has the meaning given in subregulation 2.26AC(6). diploma has the meaning given in subregulation 2.26AC(6). trade qualification has the meaning given in subregulation 2.26AC(6). 1.15FAA  Specified Subclass 417 work   The Minister may, by legislative instrument, specify areas of Australia and kinds of work for the purposes of the definition of specified Subclass 417 work in regulation 1.03. 1.15FA  Specified Subclass 462 work   The Minister may, by legislative instrument, specify areas of Australia and kinds of work for the purposes of the definition of specified Subclass 462 work in regulation 1.03. 1.15FB  Work carried out for an excluded employer  (1) Work was carried out for an excluded employer if it was done:  (a) for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and  (b) as an employee or contractor of:  (i) the person, partnership or unincorporated association; or  (ii) a contractor or subcontractor of the person, partnership or unincorporated association.  (2) The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer) if the Minister is satisfied that:  (a) the employer may pose a risk to the safety or welfare of a person performing work in the employment, or under the supervision, of the employer; or  (b) the performance of work in the employment, or under the supervision, of the employer may pose a risk to the safety or welfare of a person.  (2A) Before specifying a person, partnership or unincorporated association under subregulation (2), the Minister must:  (a) give written notice to the person, partnership or unincorporated association stating that the Minister proposes to specify the person, partnership or unincorporated association and the reasons for doing so; and  (b) allow the person, partnership or unincorporated association at least 28 days to make a written submission to the Minister about the proposed specification.  (3) Without limiting subregulation (2), the Minister may specify a person, partnership or unincorporated association using any or all of the following information:  (a) the name of the person, partnership or unincorporated association;  (b) the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) of the person, partnership or unincorporated association;  (c) any other information that identifies the person, partnership or unincorporated association.  (4) If the Minister, by legislative instrument, specifies a person, partnership or unincorporated association under subregulation (2), the Minister must, as soon as reasonably practicable, give the person, partnership or unincorporated association a copy of the instrument. Note: This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). 1.15G  Superyachts   The Minister may, by instrument in writing, specify that:  (a) a sailing ship of a particular kind is a superyacht for the purposes of these Regulations; or  (b) a motor vessel of a particular kind is a superyacht for the purposes of these Regulations. 1.15I  Skilled occupation  (1) A skilled occupation, in relation to a person, means an occupation of a kind:  (a) that is specified by the Minister in an instrument in writing to be a skilled occupation; and  (b) if a number of points are specified in the instrument as being available—for which the number of points are available; and  (c) that is applicable to the person in accordance with the specification of the occupation.  (2) Without limiting subregulation (1), the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including:  (a) that an occupation is a skilled occupation for a class of persons;  (b) that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency. 1.15J  Excluded maritime arrival   For paragraph 5AA(3)(c) of the Act, the following classes of persons are prescribed:  (a) persons who:  (i) enter Australia on or after the day this regulation commences; and  (ii) hold and produce an ETA‑eligible passport;  (b) persons who:  (i) enter Australia on or after the day this regulation commences; and  (ii) at the time of entry into Australia, are accompanied by another person who holds and produces an ETA‑eligible passport; and  (iii) are included in that ETA‑eligible passport. Note 1: A person who is in one of these classes is an excluded maritime arrival and is not an unauthorised maritime arrival: see section 5AA of the Act. Note 2: Subregulation 1.11B(3) sets out which passports are ETA‑eligible passports for the purposes of this regulation. 1.15K  When a person has an outstanding public health debt   A person has an outstanding public health debt if:  (a) the person incurs an expense of any of the following kinds:  (i) a medical, hospital or other health‑related expense arising from the treatment, on or after 17 April 2019, of the person in a public hospital or other public health facility;  (ii) an expense arising from the provision of an aged care service to the person, on or after 17 April 2019 and before 1 January 2020, by an approved provider of a kind mentioned in section 8‑6 of the Aged Care Act 1997 as in force immediately before 1 January 2020;  (iii) an expense arising from the provision of an aged care service to the person, on or after 1 January 2020 and before the commencement of the Aged Care Act 2024, by an approved provider of a kind mentioned in section 63F of the Aged Care Quality and Safety Commission Act 2018 as in force immediately before the commencement of the Aged Care Act 2024;  (iv) an expense arising from the delivery of a funded aged care service to the person by a registered provider that is a government entity or a local government authority (within the meaning of the Aged Care Act 2024); and  (b) a State, Territory or local government authority notifies Immigration, in accordance with an agreement between the authority and Immigration, that the expense (in whole or in part) is an unpaid debt owed by the person to the authority; and  (c) the notification has not been withdrawn by the authority. 1.15L  Adequate arrangements for health insurance  (1) The Minister may, by legislative instrument, specify the following for the purposes of paragraph (a) of the definition of adequate arrangements for health insurance in regulation 1.03:  (a) requirements for health insurance for a specified class or classes of visa;  (b) requirements for health insurance for a specified class or classes of person.  (2) Without limiting subregulation (1), the Minister may specify different requirements for different classes of visa or person. Note: This subregulation does not limit subsection 33(3A) of the Acts Interpretation Act 1901. 1.15M  Designated regional areas  (1) The Minister may, by legislative instrument, specify a part of Australia to be a designated city or major regional centre.  (2) The Minister may, by legislative instrument, specify a part of Australia to be a regional centre or other regional area. 1.15N  Concession periods Initial concession period  (1) The concession period is the period (the initial concession period) that:  (a) commences on 1 February 2020; and  (b) ends on a day specified by the Minister under subregulation (2).  (2) The Minister may, by legislative instrument, specify a day for the purposes of paragraph (1)(b). Later concession periods for the purposes of specified provisions  (3) The Minister may, by legislative instrument, determine a period as a concession period for the purposes of a specified provision of these Regulations in which the expression “concession period” is used.  (4) The period must not begin before the initial concession period ends. 1.15P  COVID‑19 affected visas Offshore COVID‑19 affected visas  (1) A Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa) is covered by this subregulation if:  (a) the covered visa is granted to a person before 20 March 2020; and  (b) the covered visa is in effect on 20 March 2020; and  (c) between 1 July 2021 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and  (d) the person is outside Australia when the application is made; and  (e) if the covered visa is in effect when the application is made—the covered visa did not, when granted, permit the person to travel to, enter or remain in Australia after 31 December 2021; and  (f) if the covered visa is not in effect when the application is made:  (i) the covered visa ceased to be in effect on or before 31 December 2021; and  (ii) the person was outside Australia when the covered visa ceased to be in effect; and  (iii) if the covered visa was cancelled—it was cancelled on the ground specified in paragraph 2.43(1)(g).  (2) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of offshore COVID‑19 affected visa in regulation 1.03. Onshore COVID‑19 affected visas  (2A) A Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa) is covered by this subregulation if:  (a) the covered visa is granted to a person before 20 March 2020; and  (b) on 20 March 2020, either:  (i) the covered visa is in effect; or  (ii) the person does not hold a substantive visa and the covered visa is the last substantive visa held by the person; and  (c) the person is in Australia on 20 March 2020; and  (d) between 5 March 2022 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and  (e) the person is in Australia when the application is made; and  (f) if the covered visa is cancelled before the application is made—it was cancelled on the ground specified in paragraph 2.43(1)(g).  (2B) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of onshore COVID‑19 affected visa in regulation 1.03. Instruments under this regulation  (3) Without limiting subregulation (2) or (2B), legislative instruments under those subregulations may specify a kind of Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa by reference to circumstances relating to a person who holds or held the visa. 1.15Q  Unwanted transfer of critical technology  (1) An unwanted transfer of critical technology by a person is any direct or indirect:  (a) transfer of critical technology; or  (b) communication of information about critical technology; by the person that would:  (c) harm or prejudice the security or defence of Australia, including the operations, capabilities or technologies of, or methods or sources used by, domestic intelligence agencies (within the meaning of Part 5.6 of the Criminal Code) or foreign intelligence agencies (within the meaning of the Criminal Code); or  (d) harm or prejudice the health and safety of the Australian public or a section of the Australian public; or  (e) interfere with or prejudice the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or  (f) harm or prejudice Australia’s international relations:  (i) in relation to information that was communicated in confidence by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; or  (ii) by enabling critical technology to be used in a way that is contrary to Australia’s international obligations or commitments; or  (iii) by leading to a reaction by a foreign country that damages Australia’s interests or relations with the foreign country or with a particular region.  (2) The Minister may, by legislative instrument, specify kinds of technology for the purposes of the definition of critical technology in regulation 1.03. 1.15R  Certifying entity and workplace exploitation matter  (1) The Minister may, by legislative instrument, determine that a person, body or government entity is a certifying entity for the purposes of regulations 2.43A and 2.43B.  (2) The Minister may, by legislative instrument, determine that a matter is a workplace exploitation matter for the purposes of regulations 2.43A and 2.43B. Division 1.3—Administration 1.16  Delegation  (1) The Minister may, by writing signed by the Minister, delegate to an officer any of the Minister’s powers under these Regulations, other than this power of delegation.  (2) The Secretary may, by writing signed by the Secretary, delegate to an officer any of the Secretary’s powers under these Regulations, other than this power of delegation. 1.16AA  Appointment of Medical Officer of the Commonwealth   The Minister may, by writing signed by the Minister, appoint a medical practitioner to be a Medical Officer of the Commonwealth for the purposes of these Regulations. 1.17  Professional bodies that may nominate persons for appointment to the Independent Health Advice Panel   For the purposes of subparagraph 199B(3)(b)(v) of the Act, the following bodies are prescribed:  (a) the Royal Australian College of General Practitioners Limited (ACN 000 223 807);  (b) the Australian College of Rural and Remote Medicine (ACN 078 081 848);  (c) the Royal Australasian College of Surgeons (ACN 004 167 766). 1.18  Approved forms  (1) The Minister may, in writing, approve forms for:  (a) use in making an application for a visa; or  (b) any other purpose authorised or required by these Regulations.  (2) Each of the following is an approved form for use in making an application for a visa:  (a) a paper form;  (b) a set of questions in an interactive computer program that is:  (i) approved by the Minister for use in making an application for the visa; and  (ii) made available at an Internet site operated under the authority of the Minister;  (c) a set of questions in a form that:  (i) is stored in an electronic format; and  (ii) is approved by the Minister for use in making an application for the visa. Division 1.4—Sponsorship not applicable to Division 3A of Part 2 of the Act 1.20  Sponsorship undertakings  (1) The sponsor of an applicant for a visa is a person (except a person who proposes on the relevant approved form another person for entry to Australia as an applicant for a permanent humanitarian visa) who undertakes the obligations stated in subregulation (2) in relation to the applicant.  (2) Subject to subregulation (4), the obligations of a sponsor in relation to an applicant for a visa are the following:  (a) if the application is for a Skilled—Regional Sponsored (Provisional) (Class SP) visa, a Skilled Work Regional (Provisional) (Class PS) visa or a permanent visa (other than a Partner (Migrant) (Class BC) or Partner (Residence) (Class BS) visa)—the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:  (i) if the applicant is in Australia—during the period of 2 years immediately following the grant of that visa; or  (ii) if the applicant is outside Australia—during the period of 2 years immediately following the applicant’s first entry into Australia under that visa;   including any period of participation by the applicant in the program known as the Adult Migrant English Program administered by Immigration that falls within that period;  (b) if the application is for a temporary visa (other than a Resolution of Status (Temporary) (Class UH), Partner (Provisional) (Class UF), Partner (Temporary) (Class UK) or Extended Eligibility (Temporary) (Class TK) visa)—the sponsor undertakes to accept responsibility for:  (i) all financial obligations to the Commonwealth incurred by the applicant arising out of the applicant’s stay in Australia; and  (ii) compliance by the applicant with all relevant legislation and awards in relation to any employment entered into by the applicant in Australia; and  (iii) unless the Minister otherwise decides, compliance by the applicant with the conditions under which the applicant was allowed to enter Australia;  (c) if the application is a concurrent application for a Partner (Provisional) (Class UF) and a Partner (Migrant) (Class BC) visa or a Partner (Temporary) (Class UK) and a Partner (Residence) (Class BS) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:  (i) if the applicant is in Australia—during the period of 2 years immediately following the grant of the provisional or temporary visa; or  (ii) if the applicant is outside Australia—during the period of 2 years immediately following the applicant’s first entry into Australia after the grant of the provisional or temporary visa;  (d) if the application is for a Resolution of Status (Temporary) (Class UH) visa made by an applicant who is outside Australia—the sponsor undertakes to assist the applicant, to the extent necessary, financially and in respect of accommodation, during the period of 2 years immediately following the applicant’s entry into Australia as the holder of the visa;  (e) if the application is for an Extended Eligibility (Temporary) (Class TK) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:  (i) if the applicant is in Australia—for the 2 years immediately after the visa is granted; or  (ii) if the applicant is outside Australia—for the 2 years immediately after the applicant’s first entry into Australia after the visa is granted.  (3) A person (other than a person who is a sponsor of an applicant for a visa mentioned in subregulation (3A), a Skilled—Regional Sponsored (Provisional) (Class SP) visa or a Skilled Work Regional (Provisional) (Class PS) visa) who has been approved by the Minister as the sponsor of an applicant for a visa must enter into the sponsorship by completing the relevant approved form and give it to the Minister not later than a reasonable period after the Minister approves the person as a sponsor.  (3A) A person who is a sponsor of an applicant for:  (a) a Skilled (Migrant) (Class VE) visa; or  (b) a Skilled (Residence) (Class VB) visa; or  (c) a Skilled (Provisional) (Class VF) visa; or  (d) a Skilled (Provisional) (Class VC) visa; must complete the relevant approved form and give it to the Minister prior to the Minister approving the person as a sponsor.  (4) This regulation does not apply to a visa in the following classes or subclasses:  (b) Business Skills—Business Talent (Migrant) (Class EA);  (c) Business Skills—Established Business (Residence) (Class BH);  (fb) Superyacht Crew (Temporary) (Class UW);  (ga) Special Program (Temporary) (Class TE);  (gb) Subclass 401 (Temporary Work (Long Stay Activity));  (gc) Subclass 402 (Training and Research);  (gca) Subclass 407 (Training);  (gcb) Subclass 408 (Temporary Activity);  (gd) Subclass 420 (Temporary Work (Entertainment));  (h) Subclass 457 (Temporary Work (Skilled));  (ha) Subclass 482 (Skills in Demand);  (i) Subclass 482 (Temporary Skill Shortage);  (ia) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;  (j) Subclass 870 (Sponsored Parent (Temporary)). Division 1.4B—Limitation on certain sponsorships under Division 1.4 1.20J  Limitation on approval of sponsorships—spouse, partner, prospective marriage and interdependency visas  (1AA) This regulation applies in relation to an application for:  (c) a Prospective Marriage (Temporary) (Class TO) visa; or  (e) an Extended Eligibility (Temporary) (Class TK) visa; or  (f) a Partner (Temporary) (Class UK) visa.  (1) Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:  (a) not more than 1 other person has been granted a relevant permission as:  (i) the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or  (ii) a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had experienced family violence committed by the sponsor; and  (b) if another person has been granted a relevant permission in the circumstances referred to in paragraph (a)—not less than 5 years has passed since the date of making the application for that relevant permission; and  (c) if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination—not less than 5 years has passed since the date of making the application for that relevant permission.  (1A) In subregulation (1): relevant permission means:  (a) in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)—a visa; and  (b) in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997—permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.  (2) Despite subregulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor. 1.20K  Limitation on sponsorships—remaining relative visas  (1) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:  (a) who is an Australian relative for the applicant; and  (b) to whom the Minister has granted any of the following:  (iv) a Subclass 835 (Remaining Relative) visa.  (2) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:  (a) who is an Australian relative for the applicant; and  (b) who has sponsored another applicant for any of the following:  (3) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:  (a) the applicant is sponsored for the visa by a person who is the spouse or de facto partner of an Australian relative for the applicant; and  (b) the Australian relative for the applicant is a person to whom the Minister has granted any of the following:  (iv) a Subclass 835 (Remaining Relative) visa.  (4) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:  (a) the applicant is sponsored for the visa by a person who is the spouse or de facto partner of an Australian relative for the applicant; and  (b) the Australian relative for the applicant has sponsored another applicant for any of the following:  (5) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:  (a) the applicant is sponsored for the visa by the spouse or de facto partner of an Australian relative for the applicant; and  (b) the spouse or de facto partner has sponsored another applicant who is a relative of the Australian relative for the applicant for any of the following:  (6) In this regulation: Subclass 104 visa means a Subclass 104 (Preferential Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1 November 1999. Subclass 806 visa means a Subclass 806 (Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1 November 1999. 1.20KA  Limitation on approval of sponsorship—partner (provisional or temporary) or prospective marriage (temporary) visas  (1) This regulation applies if:  (a) a person is granted a specified visa on or after 1 July 2009; and  (b) the person seeks approval to sponsor the relevant applicant on or after 1 July 2009; and  (c) the person was the spouse or de facto partner of the relevant applicant on or before the day the specified visa was granted to the person.  (2) The Minister must not approve sponsorship by the person of the relevant applicant within 5 years after the day when the person was granted the specified visa.  (3) Despite subregulation (2), the Minister may approve sponsorship by the person of the relevant applicant:  (a) if the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for not applying for a specified visa at the same time as the person applied for his or her specified visa; or  (i) the relevant applicant applied for a specified visa at the same time as the sponsor; and  (ii) the relevant applicant withdrew the application for the specified visa before it was granted; and  (iii) the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for withdrawing the application for the specified visa. relevant applicant means the applicant for:  (a) a Partner (Provisional) (Class UF) visa; or  (b) a Partner (Temporary) (Class UK) visa; or  (c) a Prospective Marriage (Temporary) (Class TO) visa. specified visa means:  (a) a Subclass 143 (Contributory Parent) visa; or  (b) a Subclass 864 (Contributory Aged Parent) visa. 1.20KB  Limitation on approval of sponsorship—child, partner and prospective marriage visas  (1) This regulation applies in relation to:  (a) an application for any of the following visas:  (i) a Child (Migrant) (Class AH) visa;  (ii) a Child (Residence) (Class BT) visa;  (iii) an Extended Eligibility (Temporary) (Class TK) visa;  (iv) a Partner (Temporary) (Class UK) visa;  (v) a Prospective Marriage (Temporary) (Class TO) visa;  (vi) a Partner (Provisional) (Class UF) visa;   if the primary applicant or secondary applicant is under 18 at the time of the application; and  (b) an application for the approval of a sponsorship in relation to that application for a visa. Sponsor charged with registrable offence  (2) If the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:  (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or  (b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction. Sponsor convicted of registrable offence  (3) Subject to subregulations (4) and (5), if the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:  (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or  (b) the conviction has been quashed or otherwise set aside.  (4) Despite subregulation (3), the Minister may decide to approve the sponsorship if:  (a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and  (b) the sponsor has not been charged with a registrable offence since the sponsor completed that sentence; and  (5) Despite subregulation (3), the Minister may decide to approve the sponsorship if:  (a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and  (b) if the sponsor has been charged with a registrable offence since the sponsor completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and  (6) Subregulations (7) to (10) do not apply in relation to an application for any of the following visas:  (a) a Partner (Temporary) (Class UK) visa;  (b) a Prospective Marriage (Temporary) (Class TO) visa;  (c) a Partner (Provisional) (Class UF) visa. Spouse or de facto partner charged with registrable offence  (7) If the spouse or de facto partner of the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:  (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or  (b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction. Spouse or de facto partner convicted of registrable offence  (8) Subject to subregulations (9) and (10), if the spouse or de facto partner of the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:  (a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or  (b) the conviction has been quashed or otherwise set aside.  (9) Despite subregulation (8), the Minister may decide to approve the sponsorship if:  (a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and  (b) the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and  (10) Despite subregulation (8), the Minister may decide to approve the sponsorship if:  (a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and  (b) if the spouse or de facto partner has been charged with a registrable offence since the spouse or de facto partner completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and Evidence of charge or conviction  (11) To determine whether a sponsor, or the spouse or de facto partner of a sponsor, has been charged with, or convicted of, a registrable offence, the Minister may request the sponsor, or the spouse or de facto partner of the sponsor, to provide a police check from:  (a) a jurisdiction in Australia specified in the request; or  (b) a country, specified in the request, in which the sponsor or the spouse or de facto partner has lived for a period, or a total period, of at least 12 months.  (12) In addition to other reasons set out in this regulation for refusing to approve a sponsorship, the Minister may refuse to approve the sponsorship of all applicants for a visa if:  (a) the Minister has requested a police check for the sponsor or the sponsor’s spouse or de facto partner; and  (b) the sponsor or the sponsor’s spouse or de facto partner does not provide the police check within a reasonable time.  (13) In this regulation: primary applicant, for a visa, means the applicant seeking to satisfy the primary criteria for the visa. registrable offence means any of the following:  (a) an offence that is a registrable offence within the meaning of any of the following Acts:  (i) the Child Protection (Offenders Registration) Act 2000 (NSW);  (ii) the Sex Offenders Registration Act 2004 (Vic);  (iii) the Child Sex Offenders Registration Act 2006 (SA);  (iv) the Crimes (Child Sex Offenders) Act 2005 (ACT);  (b) an offence that would be a registrable offence under paragraph (a) if it were committed in a jurisdiction mentioned in that paragraph;  (c) an offence that is a reportable offence within the meaning of any of the following Acts:  (i) the Child Protection (Offender Reporting) Act 2004 (Qld);  (ii) the Community Protection (Offender Reporting) Act 2004 (WA);  (iii) the Community Protection (Offender Reporting) Act 2005 (Tas);  (iv) the Child Protection (Offender Reporting and Registration) Act 2004 (NT);  (d) an offence that would be a reportable offence under paragraph (c) if it were committed in a jurisdiction mentioned in that paragraph. secondary applicant, for a visa, means an applicant seeking to satisfy the secondary criteria for the visa in relation to the primary applicant. 1.20KC  Limitation on approval of sponsorship—prospective marriage and partner visas Applications for which visas?  (1) This regulation applies in relation to the approval of a sponsorship for one or more applications for any of the following visas:  (a) a Prospective Marriage (Temporary) (Class TO) visa;  (b) a Partner (Provisional) (Class UF) visa;  (c) a Partner (Temporary) (Class UK) visa. Relevant offences  (2) This regulation applies in relation to an offence (a relevant offence) against a law of the Commonwealth, a State, a Territory or a foreign country, involving any of the following matters:  (a) violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence;  (b) the harassment, molestation, intimidation or stalking of a person;  (c) the breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory or a foreign country;  (d) firearms or other dangerous weapons;  (e) people smuggling;  (f) human trafficking, slavery or slavery‑like practices (including forced marriage), kidnapping or unlawful confinement;  (g) attempting to commit an offence involving any of the matters mentioned in paragraphs (a) to (f), or paragraph (h);  (h) aiding, abetting, counselling or procuring the commission of an offence involving any of the matters mentioned in paragraphs (a) to (g). Sponsor has significant criminal record in relation to relevant offence  (3) The Minister must refuse to approve the sponsorship of each applicant for the visa if:  (a) the sponsor has been convicted of a relevant offence or relevant offences; and  (b) the sponsor has a significant criminal record in relation to the relevant offence or relevant offences (see regulation 1.20KD).  (4) Despite subregulation (3), the Minister may decide to approve the sponsorship if the Minister considers it reasonable to do so, having regard to matters including the following (without limitation):  (a) the length of time since the sponsor completed the sentence (or sentences) for the relevant offence or relevant offences;  (b) the best interests of the following:  (i) any children of the sponsor;  (ii) any children of the applicant who is seeking to satisfy the primary criteria for the grant of the visa concerned;  (c) the length of the relationship between the sponsor and the applicant who is seeking to satisfy the primary criteria for the grant of the visa concerned. Police check  (5) To determine whether a sponsor has been convicted of a relevant offence, and whether the sponsor has a significant criminal record in relation to a relevant offence, the Minister may, on one or more occasions, request the sponsor to provide a police check relating to the sponsor from any, or all, of the following:  (a) a jurisdiction in Australia specified in the request;  (b) a foreign country, specified in the request, in which the sponsor has lived for a period, or a total period, of at least 12 months since the latest of the following dates:  (i) 10 years before the date of the request;  (ii) the date the sponsor turned 16.  (6) In addition to subregulation (3), the Minister may refuse to approve the sponsorship of each applicant for the visa if:  (a) the Minister has requested a police check from the sponsor under subregulation (5); and  (b) the sponsor does not provide the police check within a reasonable time. 1.20KD  Prospective marriage and partner visas—definition of significant criminal record  (1) For the purposes of regulation 1.20KC, a sponsor has a significant criminal record in relation to a relevant offence or relevant offences if, for that offence or those offences:  (a) the sponsor has been sentenced to death; or  (b) the sponsor has been sentenced to imprisonment for life; or  (c) the sponsor has been sentenced to a term of imprisonment of 12 months or more; or  (d) the sponsor has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more. Concurrent sentences  (2) For the purposes of subregulation (1), if a sponsor has been sentenced to 2 or more terms of imprisonment to be served concurrently (whether in whole or in part), the whole of each term is to be counted in working out the total of the terms. Example: A sponsor is sentenced to 2 terms of 3 months imprisonment for 2 offences, to be served concurrently. For the purposes of subregulation (1), the total of those terms is 6 months. Periodic detention  (3) For the purposes of subregulation (1), if a sponsor has been sentenced to periodic detention, the sponsor’s term of imprisonment is taken to be equal to the number of days the sponsor is required under that sentence to spend in detention. Residential schemes or programs  (4) For the purposes of subregulation (1), if a sponsor has been convicted of a relevant offence, and the court orders the sponsor to participate in:  (a) a residential drug rehabilitation scheme; or  (b) a residential program for the mentally ill; the sponsor is taken to have been sentenced to a term of imprisonment equal to the number of days the sponsor is required to participate in the scheme or program. Pardons etc.  (5) For the purposes of subregulation (1), a sentence imposed on a sponsor for a relevant offence, or the conviction of a sponsor for a relevant offence, is to be disregarded if:  (a) the conviction concerned has been quashed or otherwise nullified; or  (b) both:  (i) the sponsor has been pardoned in relation to the conviction concerned; and  (ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence. 1.20L  Limitation on approval of sponsorship—Subclass 600 (Visitor) visas  (1) The Minister must not approve the sponsorship by a sponsor of an applicant for a Subclass 600 (Visitor) visa if:  (a) the sponsor has previously sponsored the applicant, or another applicant, for:  (i) a Subclass 600 (Visitor) visa; or  (ii) a Sponsored (Visitor) (Class UL) visa; and  (b) the visa mentioned in paragraph (a) was granted; and  (i) subject to subregulation (3)—the visa is still in effect; or  (ii) subject to subregulation (4)—each of the following applies:  (A) the visa has ceased to be in effect;  (B) the previous applicant did not comply with a condition of the visa;  (C) a period of 5 years has not passed since the grant of the visa.  (3) Despite subparagraph (1)(c)(i), the Minister may approve the sponsorship by the sponsor of the applicant if:  (a) the previous applicant holds a Subclass 600 (Visitor) visa; and  (b) the Minister is satisfied that the applicant:  (i) is a member of the family unit of the previous applicant; and  (ii) is proposing to travel to Australia for the same purpose as the previous applicant.  (4) Despite subparagraph (1)(c)(ii), the Minister may approve the sponsorship by the sponsor of the applicant if:  (a) the previous applicant was the holder of a Subclass 600 (Visitor) visa; and  (b) the Minister has, at any time, determined in writing that he or she is satisfied that:  (i) the previous applicant did not comply with condition 8531; and  (ii) the previous applicant exceeded the period of stay permitted by the visa due to circumstances:  (A) beyond the previous applicant’s control; and  (B) that occurred after the previous applicant entered Australia as the holder of a visa mentioned in paragraph (a). Note: Condition 8531 provides that the holder of a visa is not permitted to remain in Australia after the end of the period of stay permitted by that visa. 1.20LAA  Limitation on sponsorships—parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas  (1) This regulation applies to the following visas:  (a) a Subclass 103 (Parent) visa;  (b) a Subclass 114 (Aged Dependent Relative) visa;  (c) a Subclass 143 (Contributory Parent) visa;  (d) a Subclass 173 (Contributory Parent (Temporary)) visa;  (e) a Subclass 804 (Aged Parent) visa;  (f) a Subclass 838 (Aged Dependent Relative) visa;  (g) a Subclass 864 (Contributory Aged Parent) visa;  (h) a Subclass 884 (Contributory Aged Parent (Temporary)) visa.  (2) The Minister must not approve a sponsorship for a subclass of visa to which this regulation applies if:  (a) the Minister is satisfied that the sponsor of the applicant for the visa is:  (i) a holder or former holder of a Subclass 802 (Child) visa whose application for that visa was supported by a letter of support from a State or Territory government welfare authority; or  (ii) a cohabitating spouse or de facto partner of that holder or former holder; or  (iii) a guardian of that holder or former holder; or  (iv) a guardian of a person who is a cohabitating spouse or de facto partner of that holder or former holder; or  (v) a community organisation; and  (b) the Minister is satisfied that the applicant for the visa is or was a parent of a holder or former holder of a Subclass 802 (Child) visa whose application for that visa was supported by a letter of support from a State or Territory government welfare authority.  (3) Despite subregulation (2), the Minister may approve a sponsorship for a subclass of visa mentioned in subregulation (1) if the Minister is satisfied that there are compelling circumstances affecting the sponsor or the applicant to justify the approval of the sponsorship of the applicant for the visa. letter of support means a letter of support provided by a State or Territory government welfare authority that:  (a) supports a child’s application for permanent residency in Australia; and  (b) sets out:  (i) the circumstances leading to the involvement of the State or Territory government welfare authority in the welfare of the child; and  (ii) the State or Territory government welfare authority’s reasons for supporting the child’s application for permanent residency in Australia; and  (c) describes the nature of the State or Territory government welfare authority’s continued involvement in the welfare of the child; and  (d) shows the letterhead of the State or Territory government welfare authority; and  (e) is signed by a manager or director employed by a State or Territory government welfare authority. Division 1.5—Special provisions relating to family violence 1.21  Interpretation independent expert means a person who:  (a) is suitably qualified to make independent assessments of non‑judicially determined claims of family violence; and  (b) is employed by, or contracted to provide services to, an organisation that is specified, in a legislative instrument made by the Minister, for the purpose of making independent assessments of non‑judicially determined claims of family violence. non‑judicially determined claim of family violence has the meaning given by subregulations 1.23(8) and (9). relevant family violence means conduct, whether actual or threatened, towards:  (a) the alleged victim; or  (b) a member of the family unit of the alleged victim; or  (c) a member of the family unit of the alleged perpetrator; or  (d) the property of the alleged victim; or  (e) the property of a member of the family unit of the alleged victim; or  (f) the property of a member of the family unit of the alleged perpetrator; that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. statutory declaration means a statutory declaration under the Statutory Declarations Act 1959. violence includes a threat of violence. 1.22  References to person having experienced or committed family violence  (1) A reference in these Regulations to a person having experienced family violence is a reference to a person being taken, under regulation 1.23, to have experienced family violence.  (2) A reference in these Regulations to a person having committed family violence in relation to a person is a reference to a person being taken, under regulation 1.23, to have committed family violence in relation to that person. 1.23  When is a person taken to have experienced or committed family violence?  (1) For these Regulations, this regulation explains when:  (a) a person (the alleged victim) is taken to have experienced family violence; and  (b) another person (the alleged perpetrator) is taken to have committed family violence in relation to the alleged victim. Note: Schedule 2 sets out which visas may be granted on the basis of a person having experienced family violence. The criteria to be satisfied for the visa to be granted set out which persons may be taken to have experienced family violence, and how those persons are related to the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator mentioned in this regulation. Circumstances in which family violence is experienced and committed—injunction under Family Law Act 1975  (2) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if, on the application of the alleged victim, a court has granted an injunction under paragraph 114(1)(a), (b) or (c) of the Family Law Act 1975 against the alleged perpetrator.  (3) For subregulation (2), the violence, or part of the violence, that led to the granting of the injunction must have occurred while the married relationship between the alleged perpetrator and the spouse of the alleged perpetrator existed. Circumstances in which family violence is experienced and committed—court order  (4) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:  (a) a court has made an order under a law of a State or Territory against the alleged perpetrator for the protection of the alleged victim from violence; and  (b) the order was made after the court had given the alleged perpetrator an opportunity to be heard, or otherwise to make submissions to the court, in relation to the matter.  (5) For subregulation (4), the violence, or part of the violence, that led to the granting of the order must have occurred while:  (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or Circumstances in which family violence is experienced and committed—conviction  (6) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if a court has:  (a) convicted the alleged perpetrator of an offence of violence against the alleged victim; or  (b) recorded a finding of guilt against the alleged perpetrator in respect of an offence of violence against the alleged victim.  (7) For subregulation (6), the violence, or part of the violence, that led to the conviction or recording of a finding of guilt must have occurred while:  (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or Circumstances in which family violence is experienced and committed—non‑judicially determined claim of family violence  (8) For these Regulations, an application for a visa is taken to include a non‑judicially determined claim of family violence if:  (a) the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has experienced family violence; and  (b) the alleged victim and the alleged perpetrator have made a joint undertaking to a court in relation to proceedings in which an allegation is before the court that the alleged perpetrator has committed an act of violence against the alleged victim.  (9) For these Regulations, an application for a visa is taken to include a non‑judicially determined claim of family violence if:  (a) the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has experienced family violence; and  (b) the alleged victim is:  (i) a spouse or de facto partner of, or a prospective spouse of, the alleged perpetrator; or  (ii) a dependent child of:  (A) the alleged perpetrator; or  (B) the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator; or  (C) both the alleged perpetrator and the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator; or  (iii) a member of the family unit of a spouse or de facto partner of, or a prospective spouse of, the alleged perpetrator who has made a combined application for a visa with the spouse, de facto partner or prospective spouse (as the case may be); and  (c) the alleged victim or another person on the alleged victim’s behalf has presented evidence in accordance with regulation 1.24 that:  (i) the alleged victim has experienced relevant family violence; and  (ii) the alleged perpetrator committed that relevant family violence.  (10) If an application for a visa includes a non‑judicially determined claim of family violence:  (a) the Minister must consider whether the alleged victim has experienced relevant family violence; and  (b) if the Minister is satisfied that the alleged victim has experienced the relevant family violence, the Minister must consider the application on that basis; and  (c) if the Minister is not satisfied that the alleged victim has experienced the relevant family violence:  (i) the Minister must seek the opinion of an independent expert about whether the alleged victim has experienced the relevant family violence; and  (ii) the Minister must take an independent expert’s opinion on the matter to be correct for the purposes of deciding whether the alleged victim satisfies a prescribed criterion for a visa that requires the applicant for the visa, or another person mentioned in the criterion, to have experienced family violence.  (11) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:  (a) an application for a visa includes a non‑judicially determined claim of family violence; and  (b) the Minister is satisfied under paragraph (10)(b) that the alleged victim has experienced relevant family violence.  (12) For subregulation (11), the Minister must be satisfied that the relevant family violence, or part of the relevant family violence, occurred while:  (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or  (13) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:  (a) an application for a visa includes a non‑judicially determined claim of family violence; and  (b) the Minister is required by subparagraph (10)(c)(ii) to take as correct an opinion of an independent expert that the alleged victim has experienced relevant family violence.  (14) For subregulation (13), the violence, or part of the violence, that led to the independent expert having the opinion that the alleged victim has experienced relevant family violence must have occurred while:  (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or 1.24  Evidence   The evidence mentioned in paragraph 1.23(9)(c) is:  (a) a statutory declaration under regulation 1.25 (which deals with statutory declarations by or on behalf of alleged victims); and  (b) the type and number of items of evidence specified by the Minister by instrument in writing for this paragraph. 1.25  Statutory declaration by alleged victim etc  (1) A statutory declaration under this regulation must be made by the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator.  (2) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that he or she is the victim of relevant family violence (within the meaning of regulation 1.21) must:  (a) set out the allegation; and  (b) name the person alleged to have committed the relevant family violence; and  (c) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:  (i) name the person whom the conduct of the alleged perpetrator was towards; and  (ii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards.  (3) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that another person is the victim of relevant family violence (within the meaning of regulation 1.21) must:  (a) name that other person; and  (b) set out the allegation; and  (c) identify the relationship of the maker of the statutory declaration to that other person; and  (d) name the person alleged to have committed the relevant family violence; and  (e) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:  (i) name the person whom the conduct of the alleged perpetrator was towards; and  (ii) identify the relationship between the alleged victim and the person whom the conduct was towards; and  (iii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards; and  (f) set out the evidence on which the allegation is based. 1.27  Documents not admissible in evidence   A document mentioned in the table is not admissible in evidence before a court or tribunal otherwise than in:  (a) an application for judicial review of a decision to refuse to grant a visa the application for which included the non‑judicially determined claim of family violence to which the document relates; or  (b) an application for merits review of a decision to refuse to grant a visa the application for which included the non‑judicially determined claim of family violence to which the document relates; or  (c) a prosecution of a maker of the statutory declaration under section 11 of the Statutory Declarations Act 1959.   | Item | Document | | 1 | A statutory declaration that is a type of evidence specified by the Minister under paragraph 1.24(b) | | 2 | A statutory declaration under regulation 1.25 | | 3 | An opinion of an independent expert mentioned in subparagraph 1.23(10)(c)(i) | Division 1.6—Immigration Minister’s suspension certificate under Education Services for Overseas Students Act 2000 1.29  Score relevant to suspension of registered provider  (1) This regulation is made for the purposes of paragraph 97(2)(d) of the Education Services for Overseas Students Act 2000.  (2) In considering whether to give an Immigration Minister’s suspension certificate to a registered provider at a particular time, the Minister may have regard to the relevant score that has effect for the registered provider at that time.  (3) The Minister may, by legislative instrument, specify the following:  (a) the method for working out a score for a registered provider;  (b) when, and how often, a relevant score for a registered provider is to be worked out;  (c) the period for which a relevant score has effect for a registered provider.  (4) Without limiting paragraph (3)(a), the method specified in the instrument made under that paragraph may take into account the following:  (a) matters relating to overseas students, or intending overseas students, in respect of:  (i) the registered provider; or  (ii) another provider that is an associate of the registered provider;  (b) matters that occurred during a particular period, whether that period ends before or after the commencement of this regulation. associate has the same meaning as in the Education Services for Overseas Students Act 2000. Immigration Minister’s suspension certificate has the same meaning as in the Education Services for Overseas Students Act 2000. intending overseas student has the same meaning as in the Education Services for Overseas Students Act 2000. overseas student has the same meaning as in the Education Services for Overseas Students Act 2000. registered provider has the same meaning as in the Education Services for Overseas Students Act 2000. relevant score means a score that is worked out for a registered provider using the method specified in the instrument made under paragraph (3)(a). 1.30  Prescribed non‑citizen   For section 101 of the Education Services for Overseas Students Act 2000, a non‑citizen who is an applicant for, or the holder of, a student visa is prescribed. Part 2—Visas Division 2.1—Classes, criteria, conditions etc 2.01  Classes of visas Classes of visas prescribed by section 31 of the Act  (1) For the purposes of section 31 of the Act, the prescribed classes of visas are:  (a) such classes (other than those identified by an item in the table in subregulation (2)) as are set out in the respective items in Schedule 1; and  (b) the following classes:  (i) transitional (permanent); and  (ii) transitional (temporary). Classes of visas provided for by the Act  (2) A class of visas provided for by the Act that is identified by an item in the following table is classified under these Regulations, by Class and Subclass, as indicated in the item.   - Classes of visas provided for by the Act - Item Provision of the Act Class of visa provided for by the Act Classification by Class under these Regulations Classification by Subclass under these Regulations - 1 section 32 special category visas Special Category (Temporary) (Class TY) Subclass 444 (Special Category) - 2 subsection 35A(2) permanent protection visas Protection (Class XA) Subclass 866 (Protection) - 3 subsection 35A(3) temporary protection visas Temporary Protection (Class XD) Subclass 785 (Temporary Protection) - 3A subsection 35A(3A) safe haven enterprise visas Safe Haven Enterprise (Class XE) Subclass 790 (Safe Haven Enterprise) - 4 section 37 bridging visas Bridging A (Class WA) Subclass 010 (Bridging A) - 5 section 37 bridging visas Bridging B (Class WB) Subclass 020 (Bridging B) - 6 section 37 bridging visas Bridging C (Class WC) Subclass 030 (Bridging C) - 7 section 37 bridging visas Bridging D (Class WD) Subclass 040 (Bridging (Prospective Applicant)) - 8 section 37 bridging visas Bridging D (Class WD) Subclass 041 (Bridging (Non‑applicant)) - 9 section 37 bridging visas Bridging E (Class WE) Subclass 050 (Bridging (General)) - 10 section 37 bridging visas Bridging E (Class WE) Subclass 051 (Bridging (Protection Visa Applicant)) - 11 section 37 bridging visas Bridging F (Class WF) Subclass 060 (Bridging F) - 12 section 37 bridging visas Bridging R (Class WR) Subclass 070 (Bridging (Removal Pending)) - 13 section 37A temporary safe haven visas Temporary Safe Haven (Class UJ) Subclass 449 (Humanitarian Stay (Temporary)) - 14 section 38B maritime crew visas Maritime Crew (Temporary) (Class ZM) Subclass 988 (Maritime Crew) Note 1: Subsection 35A(4) of the Act provides that additional classes of permanent and temporary visas may be prescribed as protection visas for the purposes of section 31. Note 2: For table items 4‑12, section 37 provides that there are classes of temporary visas, to be known as bridging visas. 2.02  Subclasses  (1) Schedule 2 is divided into Parts, each identified by the word “Subclass” followed by a 3‑digit number (being the number of the subclass of visa to which the Part relates) and the title of the subclass.  (2) For the purposes of this Part and Schedules 1 and 2, a Part of Schedule 2 is relevant to a particular class of visa if the Part of Schedule 2 is listed under the subitem “Subclasses” in the item in Schedule 1 that refers to that class of visa. 2.03  Criteria applicable to classes of visas  (1) For the purposes of subsection 31(3) of the Act (which deals with criteria for the grant of a visa) and subject to other provisions of these Regulations, the prescribed criteria for the grant to a person of a visa of a particular class are:  (a) the primary criteria set out in a relevant Part of Schedule 2; or  (b) if a relevant Part of Schedule 2 sets out secondary criteria, those secondary criteria.  (1A) However, if one or more criteria are set out in a Subdivision of a Part of Schedule 2 as a ‘stream’:  (a) the primary criteria mentioned in paragraph (1)(a) are taken to be:  (i) the primary criteria described as that stream; and  (ii) all primary criteria that are not described as a stream; and  (b) the secondary criteria mentioned in paragraph (1)(b) are taken to be:  (i) the secondary criteria described as that stream; and  (ii) all secondary criteria that are not described as a stream. Example: Part 188 of Schedule 2 sets out the criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa. The Part includes a Subdivision setting out common primary criteria and several Subdivisions setting out primary criteria that are described as streams, including a Business Innovation stream. The primary criteria mentioned in paragraph (1)(a) are taken to be the Business Innovation stream and all primary criteria that are not described as a stream.  (1B) If one or more criteria are set out in a Subdivision of a Part of Schedule 2 as a ‘stream’, the visa to which the Part relates may be described as ‘[the Subclass of the visa] in the [name of the stream]’. Example: A visa whose criteria are set out in Part 188 of Schedule 2, and include criteria in the Business Innovation stream, may be described as a Subclass 188 visa in the Business Innovation stream.  (2) If a criterion in Schedule 2 refers to a criterion in Schedule 3, 4 or 5 by number, a criterion so referred to must be satisfied by an applicant as if it were set out at length in the first‑mentioned criterion.  (3) If a criterion in Schedule 2 specifies that a person is to be the holder of, or have held, a visa of a particular class or subclass, that criterion is taken to be satisfied:  (a) if:  (i) before 1 September 1994, the person held a visa or entry permit that was granted under the Migration (1993) Regulations, the Migration (1989) Regulations or the Act as in force before 19 December 1989; and  (ii) the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and  (iii) the visa or entry permit was continued in force as a transitional visa on 1 September 1994 by the Migration Reform (Transitional Provisions) Regulations; or  (i) before 1 September 1994, the person applied for a visa or entry permit under the Migration (1993) Regulations, the Migration (1989) Regulations or the Act as in force before 19 December 1989; and  (ii) the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and  (iii) either:  (A) in the case of an application made before 19 December 1989—the Minister had not made a decision on the application; or  (B) in any other case—the application had not been finally determined;   before 1 September 1994; and  (iv) on or after 1 September 1994 the person was granted a transitional visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she had satisfied the criteria, or the grounds, applicable to the visa or entry permit referred to in subparagraph (i). 2.03A  Criteria applicable to de facto partners  (1) In addition to the criteria prescribed by regulations 2.03 and 2.03AA, if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.  (2) If a person mentioned in subregulation (1) applies for a visa:  (a) the applicant is at least 18; and  (b) the person with whom the applicant claims to be in a de facto relationship is at least 18.  (3) Subject to subregulations (4) and (5), if:  (a) a person mentioned in subregulation (1) applies for:  (i) a permanent visa; or  (iia) a Business Skills (Provisional) (Class EB) visa; or  (iib) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or  (iii) a Student (Temporary) (Class TU) visa; or  (iv) a Partner (Provisional) (Class UF) visa; or  (v) a Partner (Temporary) (Class UK) visa; or  (vi) a General Skilled Migration visa; and  (b) the applicant cannot establish compelling and compassionate circumstances for the grant of the visa; the Minister must be satisfied that the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application.  (4) Subregulation (3) does not apply if the applicant applies on the basis of being:  (a) in a de facto relationship with a person who:  (i) is, or was, the holder of a permanent humanitarian visa; and  (ii) before the permanent humanitarian visa was granted, was in a de facto relationship with the applicant and informed Immigration of the existence of the relationship; or  (b) in a de facto relationship with a person who is an applicant for a permanent humanitarian visa.  (5) Subregulation (3) does not apply if the de facto relationship is a registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901. 2.03AA  Criteria applicable to character tests and security assessments  (1) In addition to the criteria prescribed by regulations 2.03 and 2.03A, if a person is required to satisfy public interest criteria 4001 or 4002 for the grant of a visa, the criterion in subregulation (2) is prescribed.  (2) If the Minister has requested the following documents or information, the person has provided the documents or information:  (a) a statement (however described) provided by an appropriate authority in a country where the person resides, or has resided, that provides evidence about whether or not the person has a criminal history;  (b) a completed approved form 80. Note: For paragraph (a), an example of an appropriate authority is a police force.  (3) The Minister may waive the requirement in paragraph (2)(a) if the Minister is satisfied that it is not reasonable for the applicant to provide the statement. 2.03B  Protection visas—international instruments   For paragraph 5H(2)(a) and subparagraph 36(2C)(a)(i) of the Act, each international instrument that defines a crime against peace, a war crime or a crime against humanity is prescribed. Examples of Instruments that may define crimes against peace, war crimes or crimes against humanity