Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 14

14.1 Clause 100.11: Omit the clause, substitute:

"100.111 In this Part:
'intended spouse' means the Australian citizen referred to in subclause
100.211 (3). (NOTE: 'guardian', 'parent', 'permanent humanitarian visa' and
'spouse' are defined in regulation 1.03.)

14.2 Subclause 100.211 (2): Omit the subclause, substitute:

"(2) The applicant meets the requirements of this subclause if:

   (a)  the applicant is the spouse of an Australian citizen; or

   (b)  the application is made before 1 October 1997 and the applicant is the
        spouse of an Australian permanent resident who meets the requirements
        of subclause (2A). (NOTE: 'spouse' includes a de facto spouse: see
        definition of 'spouse' in regulation 1.03.)

"(2A) An Australian permanent resident meets the requirements of this
subclause if he or she:

   (a)  holds a permanent visa granted on the basis of an application made
        before 3 July 1996; and

   (b)  before that permanent visa was granted, was in a spouse relationship
        with the applicant of which Immigration was informed before that
        permanent visa was granted; and

   (c)  is not, and has not been, the holder of a permanent humanitarian
        visa.".

14.3 Paragraph 100.211 (3) (a): Omit the paragraph, substitute:

"(a) the applicant intends to marry an Australian citizen; and".

14.4 Subparagraph 100.212 (1) (b) (ii): Omit the subparagraph, substitute:

"(ii) is an Australian citizen.".

14.5 Subparagraph 100.212 (2) (b) (ii): Omit the subparagraph, substitute:

"(ii) is an Australian citizen.".

14.6 Subclause 100.224 (1): Omit "Australian citizen, Australian permanent
resident or eligible New Zealand citizen", substitute "Australian citizen or
Australian permanent resident".

14.7 Clause 100.227: Omit "If so requested by the Minister, an assurance",
substitute "An assurance".

14.8 Clause 100.325: Omit the clause, substitute:

"100.325. Either:

   (a)  an assurance of support that includes the applicant:

        (i)    has been given in relation to the person who satisfies the
               primary criteria; and

        (ii)   has been accepted by the Minister; or

   (b)  an assurance of support in relation to the applicant has been given
        and has been accepted by the Minister.". (NOTE: The following note
        should be inserted after clause 100.411:

"(NOTE: Any applicable charge under the Migration (Health Services) Charge 
Act 1991 must be paid before the visa can be granted)".