Immigration Amendment Regulations (No 4) 2001

  • revoked
  • Immigration Amendment Regulations (No 4) 2001: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).

Reprint
as at 29 November 2010

Immigration Amendment Regulations (No 4) 2001

(SR 2001/237)

  • Immigration Amendment Regulations (No 4) 2001: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in Department of Labour.


Pursuant to section 150 of the Immigration Act 1987, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Immigration Amendment Regulations (No 4) 2001.

    (2) In these regulations, the Immigration Regulations 19991 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 October 2001.

3 Regulation 20 substituted
  • The principal regulations are amended by revoking regulation 20, and substituting the following regulation:

    20 Applications involving family members
    • (1) An unmarried person who is a dependent child of an adult applicant for a visa or permit may be included in the adult's application, without need for a separate application to be made or additional fee paid, if—

      • (a) the child is under 25 years of age and the adult is applying for—

        • (i) a residence visa; or

        • (ii) a residence permit (other than a pre-cleared residence permit); or

      • (b) the child is under 20 years of age and the adult is applying for—

        • (i) a returning resident's visa; or

        • (ii) a visitor's visa; or

        • (iii) a visitor's permit (other than a pre-cleared visitor's permit); or

        • (iv) a transit visa; or

        • (v) a limited purpose visa; or

        • (vi) a further limited purpose permit.

      (2) Except in the case of an application for a pre-cleared permit, an applicant's spouse or de facto partner may be included in the principal applicant's application for any of the visas or permits specified in subclause (1)(a) or (b), and it is not necessary for a separate application to be made in respect of that spouse or partner or for an additional fee to be paid.

      (3) Except as provided in subclauses (1) and (2), a spouse or de facto partner and a child of any age (whether dependent or not) must make a separate application for a visa or permit appropriate to their own needs and pay the appropriate fee (if any).

      (4) For the purposes of this regulation—

      • (a) a dependent child is a child who is totally or substantially reliant on the adult applicant or the adult applicant's spouse or de facto partner for financial support, whether living with them or not:

      • (b) a de facto partner means a partner of the principal applicant who has been living with the principal applicant in a heterosexual or same sex relationship for at least 2 years immediately before the application is made.

Marie Shroff,

Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2001, amend regulation 20 of the Immigration Regulations 1999 to enable dependent children up to the age of 25 to be included in a principal applicant's application in respect of residence visas and permits. The threshold of age 20 is retained for the other application types currently listed in regulation 20.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 September 2001.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Immigration Amendment Regulations (No 4) 2001. The eprint incorporates all the amendments to the regulations as at 29 November 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)

  • 1 SR 1999/284