Both of the following apply:<br>(a) the holder has entered Australia otherwise than as:<br>(i) a member of the crew serving on a non‑military ship; or
The end of the day or period worked out under paragraph (b) in column 2
(ii) a member of the family unit of a member of the crew serving on a non‑military ship;<br>(b) the holder has not signed on to a non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew, before the latest of:<br>(i) 5 days after the day on which the holder last entered Australia; and<br>(ii) if the holder last entered Australia for health or safety reasons that required the holder to enter Australia—30 days after the day on which the holder last entered Australia; and<br>(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases
2
Each of the following applies:<br>(a) the holder has entered Australia;<br>(b) the non‑military ship in relation to which the holder is:<br>(i) a member of the crew; or<br>(ii) a member of the family unit of a member of the crew;<br> has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act but is not registered in the Australian International Shipping Register;<br>(c) the holder has not signed on to another non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew before the end of the longer of the following periods that applies to the person:
The end of the day or the longest period worked out under paragraph (c) or (d) in column 2
(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;<br>(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption—that longer period
(d) the person has not departed Australia before the end of the longest of the following periods that applies to the person:<br>(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;<br>(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption—that longer period;
(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases
2A
Each of the following applies:<br>(a) the holder has entered Australia;<br>(b) the non‑military ship in relation to which the holder is:<br>(i) a member of the crew; or<br>(ii) a member of the family unit of a member of the crew;<br> has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act;<br>(c) the non‑military ship was registered in the Australian International Shipping Register when the ship was imported or entered for home consumption;<br>(d) the non‑military ship ceases to be registered in that Register;
The end of the day or the longest period worked out under paragraph (e) or (f) in column 2
(e) the holder has not signed on to another non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew, before the end of the longer of the following periods that applies to the person:<br>(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;<br>(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship ceases to be registered in that Register—that longer period;
(f) the person has not departed Australia before the end of the longest of the following periods that applies to the person:<br>(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship ceases to be registered in that Register—that longer period;<br>(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases
3
Each of the following applies:<br>(a) the holder has entered Australia;<br>(b) the holder has signed off a non‑military ship as:<br>(i) a member of the crew of the non‑military ship; or<br>(ii) a member of the family unit of a member of the crew of a non‑military ship;
The end of the day or the longest period worked out under paragraph (c) or (d) in column 2
(c) the holder has not signed on to another non‑military ship as a member of the crew or a member of the family unit of a member of the crew before the end of the longer of the following periods that applies to the person:<br>(i) 5 days after the day on which the holder signed off the last ship;<br>(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the holder last entered Australia—that longer period;
(d) the holder has not departed Australia before the end of the longest of the following periods that applies to the person:<br>(i) 5 days after the day on which the holder signed off the last ship;
(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the holder last entered Australia—that longer period;<br>(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases
4
The end of a continuous period of 3 years starting when the visa is granted
At the end of the period of 3 years
5
Both of the following apply:<br>(a) the holder is a person who satisfied the secondary criteria for the grant of the visa;<br>(b) the maritime crew visa granted to the person who satisfied the primary criteria for the grant of the visa ceases to be in effect
The end of the day on which the maritime crew visa granted to the holder who satisfied the primary criteria ceases to be in effect
6
Both of the following apply:<br>(a) the holder also holds another visa;<br>(b) the other visa is cancelled otherwise than under section 501, 501A or 501B of the Act
At the end of the day on which the other visa is cancelled
988.6—Conditions
988.611
For an applicant who satisfies the primary criteria, condition 8113.
988.612
For an applicant who satisfies the secondary criteria, condition 8101.
Subclass 995—Diplomatic (Temporary)
995.1—Interpretation
995.111
In this Part:
international representative means a representative of an international organisation.
995.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 person. Other accompanying applicants for a visa of this subclass need satisfy only the secondary criteria.
995.21—[No criteria to be satisfied at time of application]
995.22—Criteria to be satisfied at time of decision.
995.221
The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant on the basis of the applicant being:
(a) a diplomatic or consular representative; or
(b) an international representative.
995.222
The applicant satisfies public interest criterion 4021.
995.3—Secondary criteria
995.31—[No criteria to be satisfied at time of application]
995.32—Criteria to be satisfied at time of decision
995.321
The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant to accompany a person (the primary applicant) who seeks to satisfy the primary criteria.
995.322
The primary applicant has satisfied the criteria for the grant of a visa as a primary applicant.
995.323
The applicant satisfies public interest criterion 4021.
995.4—Circumstances applicable to grant
995.411
Applicant may be in the migration zone or outside Australia.
995.5—When visa is in effect
995.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) if the visa was issued on the basis of the holder satisfying the primary criteria for the grant of the visa—for the duration of the holder’s status as:
(A) a diplomatic or consular representative in Australia of a country other than Australia; or
(B) an international representative; or
(ii) if the visa was issued on the basis of the holder satisfying the secondary criteria for the grant of the visa—for the duration of the status of the person who satisfied the primary criteria as:
(A) a diplomatic or consular representative in Australia of a country other than Australia; or
(B) an international representative; or
(iii) in any case—until an earlier date specified by the Minister.
995.6—Conditions
995.611
If the applicant satisfies the primary criteria, condition 8516.
995.612
If the applicant satisfies the secondary criteria, conditions 8502 and 8516.
Schedule 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders
(regulation 1.03)
3001 (1) The application is validly made within 28 days after the relevant day (within the meaning of subclause (2)).
(2) For the purposes of subclause (1) and of clause 3002, the relevant day, in relation to an applicant, is:
(a) if the applicant held an entry permit that was valid up to and including 31 August 1994 but has not subsequently been the holder of a substantive visa—1 September 1994; or
(b) if the applicant became an illegal entrant before 1 September 1994 (whether or not clause 6002 in Schedule 6 of the Migration (1993) Regulations applied or section 195 of the Act applies) and has not, at any time on or after 1 September 1994, been the holder of a substantive visa—the day when the applicant last became an illegal entrant; or
(c) if the applicant:
(i) ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or
(ii) entered Australia unlawfully on or after 1 September 1994;
whichever is the later of:
(iii) the last day when the applicant held a substantive or criminal justice visa; or
(iv) the day when the applicant last entered Australia unlawfully; or
(d) if the last substantive visa held by the applicant was cancelled, and the ART has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation—the later of the day when that last substantive visa ceased to be in effect and the day when:
(i) if the ART’s decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of the decision; or
(ii) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of the ART’s decision.
3002 The application is validly made within 12 months after the relevant day (within the meaning of subclause 3001(2)).
3003 If:
(a) the applicant has not, on or after 1 September 1994, been the holder of a substantive visa; and
(b) on 31 August 1994, the applicant was either:
(i) an illegal entrant; or
(ii) the holder of an entry permit that was not valid beyond 31 August 1994;
the Minister is satisfied that:
(c) the applicant last became an illegal entrant, or, in the case of a person referred to in subparagraph (b)(ii), last became a person in Australia without a substantive visa, because of factors beyond the applicant’s control; and
(d) there are compelling reasons for granting the visa; and
(e) the applicant has complied substantially with the conditions that apply or applied to:
(i) the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and
(ii) any subsequent bridging visa; and
(f) the applicant would have been entitled to be granted an entry permit equivalent to a visa of the class applied for if the applicant had applied for the entry permit immediately before last becoming an illegal entrant or, in the case of a person referred to in subparagraph (b)(ii), if the applicant had applied for the entry permit on 31 August 1994; and
(g) the applicant intends to comply with any conditions subject to which the visa is granted; and
(h) the last entry permit (if any) held by the applicant was not granted subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.
3004 If the applicant:
(a) ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or
(b) entered Australia unlawfully on or after 1 September 1994 and has not subsequently been granted a substantive visa;
the Minister is satisfied that:
(c) the applicant is not the holder of a substantive visa because of factors beyond the applicant’s control; and
(d) there are compelling reasons for granting the visa; and
(e) the applicant has complied substantially with:
(i) the conditions that apply or applied to:
(A) the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and
(B) any subsequent bridging visa; or
(ii) the conditions that apply or applied to:
(A) the last of any substantive visas held by the applicant (other than a condition of which the applicant was in breach solely because the visa ceased to be in effect); and
(B) any subsequent bridging visa; and
(f) either:
(i) in the case of an applicant referred to in paragraph (a)—the applicant would have been entitled to be granted a visa of the class applied for if the applicant had applied for the visa on the day when the applicant last held a substantive or criminal justice visa; or
(ii) in the case of an applicant referred to in paragraph (b)—the applicant would have satisfied the criteria (other than any Schedule 3 criteria) for the grant of a visa of the class applied for on the day when the applicant last entered Australia unlawfully; and
(g) the applicant intends to comply with any conditions subject to which the visa is granted; and
(h) if the last visa (if any) held by the applicant was a transitional (temporary) visa, that visa was not subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.
3005 A visa or entry permit has not previously been granted to the applicant on the basis of the satisfaction of any of the criteria set out in:
(a) this Schedule; or
(b) Schedule 6 of the Migration (1993) Regulations; or
(c) regulation 35AA or subregulation 42(1A) or (1C) of the Migration (1989) Regulations.
Note: Section 10 of the Act provides that a child who was born in the migration zone and was a non‑citizen when he or she was born shall be taken to have entered Australia when he or she was born.
Schedule 4—Public interest criteria and related provisions
(regulation 1.03)
Part 1—Public interest criteria
4001 Either:
(a) the person satisfies the Minister that the person passes the character test; or
(b) the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate that the person would fail to satisfy the Minister that the person passes the character test; or
(c) the Minister has decided not to refuse to grant a visa to the person despite reasonably suspecting that the person does not pass the character test; or
(d) the Minister has decided not to refuse to grant a visa to the person despite not being satisfied that the person passes the character test.
4002 The applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979.
4003 The applicant:
(a) is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia is, or would be, contrary to Australia’s foreign policy interests; and
(b) is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction; and
(c) either:
(i) is not declared under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; or
(ii) if the applicant is declared—is a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011.
4003A The applicant is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
4003B The Minister has not determined that there is an unreasonable risk of an unwanted transfer of critical technology by the applicant.
4004 The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.
4005 (1) The applicant:
(aa) if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph: