SOFA forces members who arrive at an airport that is not a proclaimed port
Military identity documents and movement orders
No
5
SOFA forces members who arrive at an airport that is a proclaimed port
Military identity documents and movement orders
Yes
6
SOFA forces civilian component members who arrive at an airport that is not a proclaimed port
Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country
No
7
SOFA forces civilian component members who arrive at a proclaimed port
Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country
Yes
8
Asia‑Pacific forces members arriving at an airport that is not a proclaimed port
Military identity documents and movement orders
No
9
Asia‑Pacific forces members arriving at an airport that is a proclaimed port
Military identity documents and movement orders
Yes
10
Commonwealth forces members who arrive at an airport that is not a proclaimed port
Military identity documents and movement orders
No
11
Commonwealth forces members who arrive at an airport that is a proclaimed port
Military identity documents and movement orders
Yes
12
Foreign armed forces dependants who arrive at an airport that is not a proclaimed port
A passport and either:<br>(a) movement orders; or<br>(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member
No
13
Foreign armed forces dependants who arrive at an airport that is a proclaimed port
A passport and either:<br>(a) movement orders; or<br>(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member
Yes
14
Airline crew members
Passport and either:<br>(a) a valid airline identity card; or<br>(b) for a person who is an aircraft safety inspector:<br>(i) a valid government identity document showing that he or she is employed by a foreign government; or<br>(ii) an ICAO Safety Inspector Certificate
No
15
Airline positioning crew members
Passport and a letter from the person’s employer certifying that the person is an aircrew member and setting out the purpose of travel and the arrangements for the person to leave Australia
Yes
17
Non‑citizen in respect of whom the Minister has made a declaration under paragraph 33(2)(b) of the Act
Passport
Yes
21
Persons holding an Electronic Travel Authority (Class UD) visa
A passport that is an ETA‑eligible passport in relation to the Subclass of the Electronic Travel Authority (Class UD) visa held by the person
Yes
22
Person referred to in paragraph 1223A(1)(c) of Schedule 1, as in force before 23 March 2013, who holds a Temporary Business Entry (Class UC) visa
(a) a passport of a designated APEC economy; or<br>(b) in the case of a permanent resident of Hong Kong—any valid passport
Yes
22A
Persons holding a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA
(a) a passport of a designated APEC economy; or<br>(b) in the case of a permanent resident of Hong Kong—any valid passport
Yes
23
Persons holding:<br>(a) a visa granted on the basis of an Internet application; and<br>(b) either:
The passport mentioned in column 2
Yes
(iii) a passport of a kind specified by the Minister in an instrument in writing for item 1 of the table in subitem 1236(4) of Schedule 1; or<br>(iv) a working holiday eligible passport within the meaning of subitem 1225(5) of Schedule 1
24
Persons holding a Visitor (Class TV) visa
A passport that is an eVisitor eligible passport in relation to the Subclass of the Visitor (Class TV) visa held by the person
Yes
Note: Paragraph 33(2)(b) of the Act authorises the Minister to declare that persons, or persons in a particular class, are taken to have been granted special purpose visas.
Part 2—Persons not required to comply with section 166 of the Act
1 Transit passengers:
(a) who belong to a class of persons specified in a legislative instrument made by the Minister for the purposes of paragraph 2.40(1)(n); and
(b) who do not leave the airport transit lounge except to continue their journey
1A A person:
(a) to whom section 10 applies; and
(b) who has not left the migration zone.
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, is taken to have entered Australia at birth. This item ensures that a newborn child is not required to give evidence of identity at the time of birth in the migration zone.
2 Persons visiting Macquarie Island, if permission for the visit has been granted in writing before the visit by the Secretary to the Department of Primary Industries, Parks, Water and Environment of the State of Tasmania
3 Australian citizens who form part of an Australian National Antarctic Research Expedition from an Australian Antarctic station, and who are returning to Australia on board a vessel owned or chartered by the Commonwealth
4 SOFA forces members who:
(a) enter Australia at a seaport; and
(b) hold military identity documents and movement orders issued from an official source of the relevant country; and
(c) are travelling to Australia in the course of their duty
5 Asia‑Pacific forces members who:
(a) enter Australia at a seaport; and
(b) hold military identity documents and movement orders issued from an official source of the relevant country; and
(c) are travelling to Australia in the course of their duty
6 Commonwealth forces members who:
(a) enter Australia at a seaport; and
(b) hold military identity documents and movement orders issued from an official source of the relevant country; and
(c) are travelling to Australia in the course of their duty
7 Foreign naval forces members, if permission to enter the migration zone for the vessel of which they form part of the complement was given in advance by the Australian Government
8 Guests of Government
9 Indonesian traditional fishermen who have prescribed status under regulation 2.40
10 A designated foreign dignitary
Note: See regulation 3.06A.
11 A person:
(a) who is an Australian citizen, or holds one of the following types of visa that is in effect:
(i) a permanent visa;
(ii) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa;
(iii) a Subclass 457 (Temporary Work (Skilled)) visa;
(iiia) a Subclass 482 (Skills in Demand) visa;
(iv) a Subclass 482 (Temporary Skill Shortage) visa; and
(b) who is taken to enter Australia because paragraph 9A(3)(c) of the Act is satisfied in respect of the person; and
(c) whose entry has been reported in writing to Immigration
12 A person:
(a) who holds a Subclass 988 (Maritime Crew) visa; and
(b) who is a petroleum export tanker crew member; and
(c) who is taken to enter Australia because paragraph 9A(3)(c) of the Act is satisfied in respect of the person; and
(d) whose entry has been reported in writing to Immigration
13 A person who:
(a) is employed or engaged by an international air carrier as an aircrew member; and
(b) enters Australia in the course of the person’s employment or engagement as an aircrew member of an international passenger aircraft; and
(c) will depart Australia in the course of the person’s employment or engagement as an aircrew member of the aircraft within 90 minutes of the person’s entry into Australia; and
(d) does not leave the airport transit lounge except to continue the person’s journey.
Schedule 10—Prescribed forms
(regulation 1.03)
Form 1—Search Warrant—Valuables
(subregulation 5.32(1))
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
Search Warrant—Valuables
To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).
I, (name), the Secretary [or a delegate of the Secretary] of the Department of Home Affairs, authorise you, (insert name of officer), under subsection 223(14) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance, and using such reasonable force, as you think necessary:
(a) to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found any valuables to which a notice in force under section 223 of the Act relates; and
(b) to seize any such valuables found in the course of such a search;
and for the purposes of the exercise of the foregoing powers, to stop any vehicle.
And for doing so this shall be your sufficient warrant.
This warrant remains in force for the period commencing on 20
and ending on 20 .
Dated 20 .
Secretary [or Delegate]
Form 2—Search warrant
(subregulation 5.32(2))
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
Search Warrant
To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).
I, (name), the Secretary [or a delegate of the Secretary] of the Department of Home Affairs or the Australian Border Force Commissioner [or a delegate of the Australian Border Force Commissioner], authorise you, under subsection 251(4) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found:
(a) an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act; or
(b) a person to whom a temporary visa under the Act has been issued subject to a condition with respect to the work to be performed by that person; or
(c) any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:
(i) would have become a prohibited immigrant within the meaning of the Act as in force from time to time before the commencement of the Migration Amendment Act 1983; or
(ii) would have become a prohibited non‑citizen within the meaning of the Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or
(iii) would have become an illegal entrant within the meaning of the Act as in force from time to time after the commencement of section 4 of the Migration Legislation Amendment Act 1989 but before commencement of section 7 of the Migration Reform Act 1992; or
(iv) would have become, or would become, an unlawful non‑citizen; or
(d) any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act;
and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary.
And for doing so this shall be your sufficient warrant.
This warrant remains in force for the period commencing on 20
and ending on 20 .
Dated 20 .
Secretary or Australian Border Force Commissioner [or Delegate]
Schedule 13—Transitional arrangements
(regulation 5.45)
Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2)
101 Operation of Schedule 1
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to:
(a) an application for a visa made on or after 1 July 2012; and
(b) an application for approval of a nomination made on or after 1 July 2012.
(2) However, the repeal of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations.
(3) Despite subregulations 5.19(1) to (7), an application to the Minister for approval of a nominated position as an approved appointment made before 1 July 2012 is to be dealt with in accordance with these Regulations as in force immediately before that day.
Note: Regulation 5.19 was amended on 1 July 2012, including changes to terminology and concepts that had been used in that regulation before that day.
102 Operation of Schedule 2
(1) The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to an application for a visa made on or after 1 July 2013.
(2) However, the repeal of a provision of these Regulations by Schedule 2 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2013 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations.
Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)
201 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 2) apply in relation to a matter for which an obligation to pay a fee or charge is incurred on or after 1 July 2012.
Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3)
301 Operation of Schedule 1
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.
(2) However, the repeal or amendment of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08 or 2.08B of these Regulations.
Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)
401 Operation of amendments
The amendments of these Regulations made by Schedules 1 and 2 to the Migration Legislation Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.
Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5)
501 Operation of Schedule 1
(1) The amendments of these Regulations made by items [1] to [7], [10], [11], [14] to [16] and [18] to [20] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after the day that regulation commences.
(2) The amendments of these Regulations made by items [8], [9], [12], [13], [17] and [21] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa:
(a) made, but not finally determined, before the day that regulation commences; and
(b) made on or after the day that regulation commences.
Part 6—Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4)
601 Operation of Schedule 1
(1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for:
(a) a visa; or
(b) approval as a sponsor; or
(c) approval of a nomination; or
(d) the variation of the terms of an approval as a sponsor.
(2) However, the amendments made by Schedule 1 do not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 24 November 2012 in accordance with regulation 2.08 of these Regulations.
602 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to:
(a) an application for:
(i) a visa; or
(ii) approval as a sponsor; or
(iii) approval of a nomination;
made before 24 November 2012 but not finally determined before that date; and
(b) an application made on or after 24 November 2012 for a visa.
603 Operation of Schedule 3
(1) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for:
(a) a visa; or
(b) approval as a sponsor.
(2) However, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.
(3) Also, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for approval as a sponsor made in relation to an application for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.
Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)
701 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application made on or after 24 November 2012 for a visa by a person seeking to satisfy the secondary criteria for the grant of a Subclass 422 (Medical Practitioner) visa.