(1) If the visa is not a visa that is taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act:
(a) conditions 8303, 8513, 8514, 8541, 8542 and 8543 must be imposed; and
(b) condition 8401 must be imposed if condition 8621 is not imposed under subclause 070.612A(1).
(2) If the visa is taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act, conditions 8401, 8513, 8514, 8541, 8542, 8543, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562, 8563, 8614 and 8625 must be imposed.
070.612
If the Minister has granted the visa under section 195A of the Act or regulation 2.25AA or 2.25AB, conditions 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562, 8563, 8564, 8614, 8616 and 8625 must be imposed, in addition to any other condition imposed by or under another provision of this Division.
070.612A
(1) In this clause, each of the following conditions is a community protection condition:
(a) condition 8617;
(b) condition 8618;
(c) condition 8612;
(d) condition 8615;
(e) condition 8626;
(f) condition 8622;
(g) condition 8623;
(h) condition 8624:
(i) condition 8621;
(j) condition 8620.
Note: The order in which the community protection conditions are listed is intentional: see subclause (3).
(2) The Minister must impose a community protection condition if:
(a) subclause (6) applies to the visa; and
(b) despite the other conditions imposed on the visa by or under this subclause or another provision of this Division, the Minister is satisfied on the balance of probabilities that the holder poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence; and
(c) the Minister is satisfied on the balance of probabilities that the imposition of the condition (in addition to the other conditions imposed by or under this subclause or another provision of this Division) is:
(i) reasonably necessary; and
(ii) reasonably appropriate and adapted;
for the purpose of protecting any part of the Australian community from serious harm by addressing that substantial risk; and
(d) for condition 8612, 8615, 8626, 8622 or 8623—the holder has been convicted of any one or more of the following offences:
(i) an offence in which the victim was a minor or vulnerable person;
(ii) an offence involving production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6 of the Criminal Code);
(iii) an offence that involves consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (ii);
(iv) an offence that involves acts done in preparation for, or to facilitate, the commission of a sexual offence against a person under 16; and
(e) for condition 8624—the holder has been convicted of an offence involving violence or sexual assault.
Note: See regulation 2.25AE for the period for which the visa is subject to a community protection condition (if imposed).
(3) Subject to subclause (4), the order in which the community protection conditions are listed in subclause (1) is the order in which the Minister must decide whether or not to impose the condition on the visa.
Note: The order in which the conditions are listed in subclause (1) is also the order required for the purposes of subsection 76E(4A) of the Act.
(4) The Minister is not required to consider whether to impose a community protection condition mentioned in paragraph (2)(d) or (e) unless the holder has been convicted of an offence mentioned in that paragraph that requires the imposition of the condition.
Note: For example, if the holder has not been convicted of an offence mentioned in paragraph (2)(d), the Minister:
(a) must not impose community protection condition 8612, 8615, 8626, 8622 or 8623; and
(b) is not required to consider whether or not to impose such a condition.
(5) Community protection conditions imposed by or under this clause are in addition to any other condition imposed by or under another provision of this Division.
(6) This subclause applies to a visa if:
(a) the visa was granted under regulation 2.25AA and, at the time of grant, there was no real prospect of the removal of the holder from Australia becoming practicable in the reasonably foreseeable future; or
(b) the visa was granted under regulation 2.25AB; or
(c) the visa was granted under section 195A of the Act.
(7) Nothing in this clause requires the Minister to decide whether or not to impose a community protection condition if the visa must, under subsection 76E(4) of the Act, be granted without it being subject to that condition.
070.613
In addition to any other condition imposed by or under another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the Subclass 050 (Bridging (General)) visa, condition 8566 may be imposed.
Note: The requirement to sign a code of behaviour may be imposed in accordance with section 195A of the Act.
070.614
If the visa is not a visa taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act, condition 8506 may be imposed in addition to any other condition imposed by or under another provision of this Division.
Subclass 100—Partner
100.1—Interpretation
100.111
In this Part:
sponsoring partner, in relation to an applicant, means:
(a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant’s spouse, intended spouse or de facto partner in the application that resulted in the grant of the Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221(2)(a), (2A)(a), (3)(a), (4)(a), (4AA)(a) or (4A)(a); or
(b) for a person to whom the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note: Australian permanent resident, eligible New Zealand citizen, long‑term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act.
100.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
100.21—[No criteria to be satisfied at time of application]
100.22—Criteria to be satisfied at time of decision
100.221
(1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (4AA) or (4A).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made.
(2A) The applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
(3) The applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner died; and
(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.
(4) The applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
(c) the applicant has entered Australia after making the application; and
(d) either or both of the following has experienced family violence committed by the sponsoring partner:
(i) the applicant;
(ii) a member of the family unit of the sponsoring partner or of the applicant or of both of them.
Note: For special provisions relating to family violence, see Division 1.5.
(4AA) The applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
(c) has:
(i) custody or joint custody of, or access to; or
(ii) a residence order or contact order made under the Family Law Act 1975 relating to;
at least one child in respect of whom the sponsoring partner:
(iii) has been granted joint custody or access by a court; or
(iv) has a residence order or contact order made under the Family Law Act 1975; or
(v) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
(4A) The applicant meets the requirements of this subclause:
(a) if the applicant held a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and
(b) if the ART:
(i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or
(ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.
(5) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.
(6) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant whose sponsoring partner:
(a) is, or was, the holder of a permanent humanitarian visa; and
(b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted.
(7) Nothing in paragraphs (2)(c) and (2A)(c) prevents the Minister, less than 2 years after the application is made, from:
(a) refusing to grant a Subclass 100 visa; or
(b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3), (4) or (4AA).
100.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—public interest criterion 4019.
100.224
(1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 100 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
100.225
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
100.226
If:
(a) at least 2 years have passed since the application was made; and
(b) the applicant does not meet the requirements of subclause 100.221(2A), (3), (4) or (4AA);
the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner.
100.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
100.31—Criteria to be satisfied at time of application
100.311
The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person.
100.32—Criteria to be satisfied at time of decision
100.321
The applicant:
(a) is the holder of a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of, or dependent on, another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or
(d) is a person:
(i) who holds:
(A) a Subclass 445 (Dependent Child) visa; or
(B) a Subclass 309 (Spouse (Provisional)) visa; or
(C) a Subclass 309 (Partner (Provisional)) visa;
which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
(ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child of, a member of the family unit of, or dependent on, another person:
(A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child) or a Subclass 309 (Partner (Provisional)) visa; and
(B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa.
100.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
100.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
100.4—Circumstances applicable to grant
100.411
The applicant must be:
(a) in Australia, but not in immigration clearance; or
(b) outside Australia;
when the visa is granted.
100.5—When visa is in effect
100.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
100.6—Conditions
100.611
If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose.
100.612
If the applicant meets the primary criteria and is outside Australia at the time of the grant, condition 8502 may be imposed before the applicant’s first entry to Australia as the holder of the visa.
100.613
If the applicant meets the secondary criteria and is outside Australia at the time of the grant, either or both of conditions 8502 and 8515 may be imposed before the applicant’s first entry to Australia as the holder of the visa.
Subclass 101—Child
101.1—Interpretation
Note: eligible New Zealand citizen, dependent child and step‑child are defined in regulation 1.03, adoption is defined in regulation 1.04, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). There are no interpretation provisions specific to this Part.
101.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
101.21—Criteria to be satisfied at time of application
101.211
(1) The applicant:
(a) is a dependent child of:
(i) an Australian citizen; or
(ii) the holder of a permanent visa; or
(iii) an eligible New Zealand citizen; and
(b) subject to subclause (2), has not turned 25; and
(c) either:
(i) is:
(A) the child (other than an adopted child); or
(B) the step‑child within the meaning of paragraph (b) of the definition of step‑child;
of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or
(ii) was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.
(2) Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.
101.212
The applicant is sponsored by a person who:
(a) has turned 18; and
(b) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(c) is:
(i) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1); or
(ii) the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1).
101.213
(1) If the applicant has turned 18:
(a) the applicant:
(i) is not engaged to be married; and
(ii) does not have a spouse or de facto partner; and