full-source-retrieval-0044Document excerpt 44

(4) For the purposes of paragraph 32(2)(c) of the Act, a declared class of persons for whom a visa of another class would be inappropriate is New Zealand citizens:

(a) who hold a New Zealand passport that:

(i) is in force; and

(ii) is of a kind determined under section 175A of the Act to be an eligible passport for the purposes of Division 5 of Part 2 of the Act; and

(b) who have presented an image of their face by presenting themselves to an authorised system and who, as a result, have been satisfactorily identified; and

(c) who are neither behaviour concern non‑citizens nor health concern non‑citizens.

(5) In this regulation:

authorised system means an automated system that is an authorised system for the purposes of section 32 of the Act.

5.15C  Excised offshore places

(1) For paragraph (d) of the definition of excised offshore place in subsection 5(1) of the Act, the Coral Sea Islands Territory is prescribed.

(2) For paragraph (e) of the definition of excised offshore place in subsection 5(1) of the Act, the following islands are prescribed:

(a) all islands that:

(i) form part of Queensland; and

(ii) are north of latitude 21 south;

(b) all islands that:

(i) form part of Western Australia; and

(ii) are north of latitude 23 south;

(c) all islands that:

(i) form part of the Northern Territory; and

(ii) are north of latitude 16 south.

5.16  Prescribed diseases—health concern non‑citizen (Act, s 5(1))

For the purposes of the definition of health concern non‑citizen in subsection 5(1) of the Act, tuberculosis (being tuberculosis that is not being controlled with medication, and in respect of which the person suffering from it refuses to sign an undertaking to visit a Commonwealth Medical Officer within 7 days of entering Australia) is a prescribed disease.

5.17  Prescribed evidence of English language proficiency (Act, s 5(2)(b))

For the purposes of paragraph 5(2)(b) of the Act (dealing with whether a person has functional English), the evidence referred to in each of the following paragraphs is prescribed evidence of the English language proficiency of a person:

(a) evidence specified by the Minister in an instrument in writing for this paragraph;

(c) evidence that:

(i) the person holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full‑time study or training; and

(ii) all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;