(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
(c) the person achieved a score specified in the instrument.
1.15EA Superior English
A person has superior English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(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
(c) the person achieved a score specified in the instrument.
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.
(2) In this regulation:
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: