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Visa Conditions

Visa Conditions

8101  The holder must not engage in work in Australia.

8102  The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training).

8103  The holder must not undertake work in Australia without the permission in writing of the Minister, which may be:

 (a) in relation to specified work; or

 (b) for a specified time.

8104 (1) The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

 (2) Subject to subclauses (2A) and (2B), if the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.

 (2A) Subclause (2) does not apply to the holder if:

 (a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and

 (b) the holder was permitted to work in Australia during the period that the previous visa was in effect.

 (2B) Subclause (2) does not apply to the holder if the person who satisfies the primary criteria for the grant of the student visa:

 (a) held a substantive visa or a bridging visa (the previous visa) at the time of applying for the student visa; and

 (b) was permitted to work in Australia during the period that the previous visa was in effect.

 (2C) If subclause (2) does not apply to the holder because of subclause (2A) or (2B), then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight:

 (a) while the holder is in Australia; and

 (b) before the course of study mentioned in subclause (2) commences.

 (3) If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.

 (3A) If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclauses (1), (2C) and (3) to 40 hours were instead a reference to 48 hours.

 (4) In this clause:

fortnight means the period of 14 days commencing on a Monday.

8105 (1A) Subject to subclause (1B), the holder must not engage in any work in Australia before the holder’s course of study commences.

 (1B) Subclause (1A) does not apply to the holder if:

 (a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and

 (b) the holder was permitted to work in Australia during the period that the previous visa was in effect.

 (1) Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.

 (2) Subclause (1) does not apply:

 (a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and

 (b) in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.

 (2A) If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclause (1) to 40 hours were instead a reference to 48 hours.

 (3) In this clause:

fortnight means the period of 14 days commencing on a Monday.

8106  The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.

8107 (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

 (a) cease to be employed by the employer in relation to which the visa was granted; or

 (b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

 (c) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.

 (2) If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

 (a) cease to undertake the activity in relation to which the visa was granted; or

 (b) engage in an activity inconsistent with the activity in relation to which the visa was granted; or

 (c) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

 (3) If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4) (as in force before 18 March 2018):

 (a) the holder:

 (i) must work only in the occupation listed in the most recently approved nomination for the holder; and

 (ii) unless the circumstances in subclause (3A) apply:

 (A) must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or

 (B) if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor or an associated entity of the sponsor; or

 (C) if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor; and

 (aa) subject to paragraph (c), the holder must:

 (i) if the holder was outside Australia when the visa was granted—commence work within 90 days after the holder’s arrival in Australia; and

 (ii) if the holder was in Australia when the visa was granted—commence work within 90 days after the holder’s visa was granted; and

 (b) if the holder ceases employment—the period during which the holder ceases employment must not exceed 60 consecutive days; and

 (c) if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder:

 (i) must hold the licence, registration or membership while the holder is performing the occupation; and

 (ii) if the holder was outside Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and

 (iii) if the holder was in Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and

 (iv) must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and

 (v) must comply with each condition or requirement to which the licence, registration or membership is subject; and

 (vi) must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

 (vii) must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

 (3A) For subparagraph (3)(a)(ii), the circumstances are that:

 (a) the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March 2018; or

 (b) the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

 (4) If the visa is:

 (a) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

 (b) a Subclass 402 (Training and Research) visa; or

 (ba) a Subclass 420 (Temporary Work (Entertainment)) visa;

the holder must not:

 (c) cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or

 (d) engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or

 (e) engage in work or an activity for an employer other than the employer identified in accordance with paragraph 2.72A(7)(a) as in force before 19 November 2016 (subject to subregulation 2.72A(8) as in force before that day) in the most recent nomination in which the holder is identified.

 (5) If the visa is a subclass 407 (Training) visa, the holder must not:

 (a) cease to engage in the most recently nominated program in relation to which the holder is identified; or

 (b) engage in work or an activity that is inconsistent with the most recently nominated program in relation to which the holder is identified; or

 (c) engage in work or an activity for an employer other than an employer identified in accordance with paragraph 2.72A(8)(a) (subject to subregulation 2.72A(9)) in the most recent nomination in which the holder is identified.

8108  The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary.

8109  The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.

8110  The holder:

 (a) must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and

 (b) must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and

 (c) must not engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; and

 (d) must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and

 (e) except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.

8111  The holder must not:

 (a) perform work in Australia except in the household of the employer who is the holder’s sponsor in relation to the visa; or

 (b) remain in Australia after the permanent departure of that employer.

8112  The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.

8113  The holder must not work in Australia otherwise than as a member of the crew of a non‑military ship.

8114  The holder must not work in Australia otherwise than as a member of the crew of a superyacht.

8115  The holder must not work in Australia other than by engaging in a business visitor activity.

8116  The holder must not work in Australia other than by engaging in an activity specified in a legislative instrument made by the Minister for this clause.

8117  The holder must not work in Australia other than as a member of the crew on either or both of the following:

 (a) the flight on which the holder leaves Australia;

 (b) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

8118  The holder must not work in Australia other than as a member of the crew on one or more of the following:

 (a) the flight on which the holder travels to Australia;

 (b) one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport;

 (c) the flight on which the holder leaves Australia;

 (d) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

8201 (1) While in Australia, the holder must not engage, for more than 3 months, in any studies or training.

 (2) However, subclause (1) does not apply to a visa mentioned in the table.

 

Item

Visa

1

Subclass 590 (Student Guardian) visa in relation to which the holder is undertaking an ELICOS of less than 20 hours per week

1A

Subclass 602 (Medical Treatment) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

2

Subclass 675 (Medical Treatment (Short Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

3

Subclass 685 (Medical Treatment (Long Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

8202 (1) The holder must be enrolled in a full‑time course of study or training if the holder is:

 (a) a Defence student; or

 (b) a Foreign Affairs student; or

 (c) a secondary exchange student.

 (2) A holder not covered by subclause (1):

 (a) must be enrolled in a full‑time registered course; and

 (b) subject to subclause (3), must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted; and

 (c) must ensure that neither of the following subparagraphs applies in respect of a registered course undertaken by the holder:

 (i) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act;

 (ii) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act.

 (3) A holder is taken to satisfy the requirement set out in paragraph (2)(b) if the holder:

 (a) is enrolled in a course at the Australian Qualifications Framework level 10; and

 (b) changes their enrolment to a course at the Australian Qualifications Framework level 9.

8203  The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8204  The holder must not undertake or change a course of study or research, or thesis or research topic, for:

 (a) a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or

 (b) any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;

unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8207  The holder must not engage in any studies or training in Australia.

8208 (1) The holder must not undertake critical technology related study unless:

 (a) the Minister is satisfied that there is not an unreasonable risk of an unwanted transfer of critical technology by the holder; and

 (b) the Minister has approved in writing the holder undertaking that critical technology related study.

 (2) Subclause (1) does not apply in relation to the intended course of study, or activities related to study in Australia, evidenced in the holder’s visa application.

 (3) In this clause:

critical technology related study means:

 (a) a postgraduate research course within the meaning of clause 500.111 of Schedule 2 that relates to critical technology; or

 (b) a bridging course required as a prerequisite to a course mentioned in paragraph (a); or

 (c) a thesis or research topic that:

 (i) is for a postgraduate research course within the meaning of clause 500.111 of Schedule 2; and

 (ii) relates to critical technology.

8301  After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.

8302  After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.

8303  The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8401  The holder must report:

 (a) at the time or times; and

 (b) at a place or in a manner;

specified, orally or in writing, by the Minister from time to time.

8402  The holder must report:

 (a) within 5 working days of grant, to an office of Immigration; and

 (b) to that office on the first working day of every week after reporting under paragraph (a).

8501  The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

8502  The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.

8503  The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

8504  The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

8505  The holder must continue to live at the address specified by the holder before grant of the visa.

8506  The holder must notify Immigration at least 2 working days in advance of any change in the holder’s address.

8507  The holder must, within the period specified by the Minister for the purpose:

 (a) pay; or

 (b) make an arrangement that is satisfactory to the Minister to pay;

the costs (within the meaning of Division 10 of Part 2 of the Act) of the holder’s detention.

8508  The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.

Note: For the meaning of valid application see s 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.

8509  Within 5 working days after the date of grant, the holder must:

 (a) make a valid application for a substantive visa; or

 (b) show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8510  Within the time specified by the Minister for the purpose, the holder must, either:

 (a) show an officer a passport that is in force; or

 (b) make an arrangement satisfactory to the Minister to obtain a passport.

8511  Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8512  The holder must leave Australia by the date specified by the Minister for the purpose.

8513  The holder must notify Immigration of his or her residential address within 5 working days of grant.

8514  During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.

8515  The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

8516  The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

8517  The holder must maintain adequate arrangements for the education of any school‑age dependant of the holder who is in Australia for more than 3 months as the holder of a student visa (as a person who has satisfied the secondary criteria).

8518  Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.

8519  The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

8520  The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.

8522  The holder must leave Australia not later than the time of departure of the person:

 (a) who has satisfied the primary criteria; and

 (b) of whose family unit the holder is a member.

8523  Each person who:

 (a) is a member of the family unit of the holder (being a spouse or de facto partner of the holder or an unmarried child of the holder who has not turned 18); and

 (b) has satisfied the secondary criteria; and

 (c) holds a student visa because of paragraphs (a) and (b);

must leave Australia not later than the time of departure of the holder.

8525  The holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8526  The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

8527  The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.

8528  The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.

8529  The holder must, after entering Australia:

 (a) undergo a medical examination carried out by:

 (i) a Commonwealth Medical Officer; or

 (ii) a medical practitioner approved by the Minister; or

 (iii) a medical practitioner employed by an organisation approved by the Minister; and

 (b) undergo a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder:

 (i) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or

 (ii) is a person:

 (A) who is confirmed by a Commonwealth Medical Officer to be pregnant; and

 (B) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

 (C) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

 (D) whom the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

8530  The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.

8531  The holder must not remain in Australia after the end of the period of stay permitted by the visa.

8532  If the holder has not turned 18:

 (a) the holder must stay in Australia with a person who is:

 (i) a parent of the holder or a person who has custody of the holder; or

 (ii) a relative of the holder who:

 (A) is nominated by a parent of the holder or a person who has custody of the holder; and

 (B) has turned 21; and

 (C) is of good character; or

 (b) the arrangements for the holder’s accommodation, support and general welfare must be approved by the education provider for the course to which the holder’s visa relates, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence; or

 (c) in the case that the holder is a Defence student—both:

 (i) the arrangements for the holder’s accommodation, support and general welfare must be approved by the Defence Minister; and

 (ii) the holder must not enter Australia before the day those arrangements are to commence; or

 (d) in the case that the holder is a Foreign Affairs student—both:

 (i) the arrangements for the holder’s accommodation, support and general welfare must be approved by the Foreign Minister; and

 (ii) the holder must not enter Australia before the day those arrangements are to commence.

8533  The holder must:

 (a) in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder’s residential address in Australia within 7 days after arriving in Australia; and

 (b) in all cases:

 (i) notify the education provider of any change in the holder’s residential address in Australia within 7 days after the change occurs; and

 (ii) notify his or her current education provider of a change of education provider within 7 days after the holder receives:

 (A) a confirmation of enrolment from the new education provider; or

 (B) if no confirmation of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a confirmation of enrolment—evidence that the applicant has been enrolled by the new education provider.

8534  The holder will not be entitled to be granted a substantive visa, other than:

 (a) a protection visa; or

 (b) a Subclass 485 (Temporary Graduate) visa; or

 (c) a Subclass 590 (Student Guardian) visa;

while the holder remains in Australia.

8535  The holder will not be entitled to be granted a substantive visa, other than:

 (a) a protection visa; or

 (b) a Student (Temporary) (Class TU) visa that is granted to the holder on the basis of support from the Commonwealth government or a foreign government;

while the holder remains in Australia.

8536  The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted.

8537 (1) While the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia.

 (2) While the holder is in Australia, the holder must:

 (a) stay with the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder; and

 (b) provide appropriate accommodation and support for the nominating student; and

 (c) provide for the general welfare of the nominating student.

8538  If the holder leaves Australia without the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that:

 (a) there are compelling or compassionate reasons for doing so; and

 (b) the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia; and

 (c) if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student’s visa relates.

8539  While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D, as in force:

 (a) when the visa was granted; or

 (b) if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

8540  The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia.

8541  The holder:

 (a) must do everything possible to facilitate his or her removal from Australia; and

 (b) must not attempt to obstruct efforts to arrange and effect his or her removal from Australia.

8542  The holder must report in person for removal from Australia in accordance with instructions given, orally or in writing, by the Minister to the holder for the purpose of that removal.

8543  The holder must attend at a place, date and time specified, orally or in writing, by the Minister in order to facilitate efforts to arrange and effect his or her removal from Australia.

8547  The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

8548  The holder must not engage in any studies or training in Australia for more than 4 months.

8549 (1) Unless subclause (2) applies, while the holder is in Australia, the holder must live, study and work only in a designated area, as in force:

 (a) when the visa was granted; or

 (b) if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

Note: designated area is defined in regulation 1.03

 (2) For a visa granted on the basis of satisfaction of clause 159.214 or 159.311 of Schedule 2, while the holder is in Australia, the holder must live, study and work only in Norfolk Island, apart from any period during the whole of which the visa holder:

 (a) has not turned 25; and

 (b) is a dependent child of a person who is ordinarily resident in Norfolk Island; and

 (c) lives elsewhere in Australia for the purpose of study; and

 (d) meets the requirements mentioned in condition 8105 (which relates to students engaging in work).

Note: Condition 8105 is not imposed on the visa.

8550  The holder must notify the Minister of any change in the holder’s personal details, including a change to any of the following contact information:

 (a) the holder’s name;

 (b) an address of the holder;

 (c) a phone number of the holder;

 (d) an email address of the holder;

 (e) an online profile used by the holder;

 (f) a user name of the holder;

not less than 2 working days before the change is to occur.

8551 (1) The holder must obtain the Minister’s approval before taking up employment in the following occupations, or occupations of a similar kind:

 (a) occupations that involve the use of, or access to, chemicals of security concern;

 (b) occupations in the aviation or maritime industries;

 (c) occupations at facilities that handle security‑sensitive biological agents.

 (2) In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note: The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a) industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b) agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8552  The holder must notify the Minister of any change in the holder’s employment details, not less than 2 working days before the change is to occur.

8553  The holder must not become involved in activities that are prejudicial to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).

8554 (1) The holder must not acquire any of the following goods:

 (a) weapons;

 (b) explosives;

 (c) material or documentation that provides instruction on the use of weapons or explosives.

 (2) In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8555  The holder must obtain the Minister’s approval before undertaking the following activities, or activities of a similar kind:

 (a) flight training;

 (b) flying aircraft.

8556  The holder must not communicate or associate with:

 (a) an entity listed under Part 4 of the Charter of the United Nations Act 1945; or

 (b) an organisation prescribed by regulations made under the Criminal Code Act 1995 for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code.

8557  The holder must hold for the whole of the visa period:

 (a) if the visa was granted on the basis of a complying investment within the meaning of regulation 5.19B as in force at a particular time—a complying investment within the meaning of regulation 5.19B as in force at that time; or

 (b) if the visa was granted on the basis of a complying significant investment within the meaning of regulation 5.19C as in force at a particular time—a complying significant investment within the meaning of regulation 5.19C as in force at that time; or

 (c) if the visa was granted on the basis of a complying premium investment within the meaning of regulation 5.19D as in force at a particular time—a complying premium investment within the meaning of regulation 5.19D as in force at that time.

8558  The holder must not stay in Australia for more than 12 months in any period of 18 months.

8559  The holder must not enter the country by reference to which:

 (a) the holder; or

 (b) for a member of the family unit of another holder—the other holder;

was found to be a person to whom Australia has protection obligations unless the Minister has approved the entry in writing.

8560 (1) The holder must obtain the Minister’s approval before acquiring chemicals of security concern.

 (2) In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note: The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a) industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b) agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8561  If the holder is directed, orally or in writing, by the Minister to attend, at a specified place, on a specified day and at a specified time, an interview that relates to the holder’s visa (including an interview with the Australian Security Intelligence Organisation), the holder must comply with the direction.

8562 (1) The holder must not take up employment in:

 (a) occupations that involve the use of, or access to, weapons or explosives; or

 (b) occupations of a similar kind.

 (2) In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8563 (1) The holder must not undertake the following activities, or activities of a similar kind:

 (a) using or accessing weapons or explosives;

 (b) participating in training in the use of weapons or explosives;

 (c) possessing or accessing material or documentation that provides instruction on the use of weapons or explosives.

 (2) In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8564  The holder must not engage in criminal conduct.

8565  The holder must notify Immigration of any change in the holder’s residential address within 28 days after the change occurs.

8566  If the person to whom the visa is granted has signed a code of behaviour that:

 (a) has been approved by the Minister in accordance with clause 4.1 of Schedule 4; and

 (b) when the visa is granted, is in effect in relation to that visa or another visa;

the holder must not breach the code.

Note: The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.

8570  The holder must not:

 (a) enter a country by reference to which:

 (i) the holder was found to be a person in respect of whom Australia has protection obligations; or

 (ii) for a member of the family unit of another holder—the other holder was found to be a person in respect of whom Australia has protection obligations; or

 (b) enter any other country unless:

 (i) the Minister is satisfied that there are compassionate or compelling circumstances justifying the entry; and

 (ii) the Minister has approved the entry in writing.

8571  The holder must maintain an ongoing relationship with the nominating State or Territory government agency or the government of the State or Territory in which the agency is (or was) located.

8572  If requested in writing by the Minister to do so, the holder must undergo a medical assessment carried out by any of the following:

 (a) a Medical Officer of the Commonwealth;

 (b) a medical practitioner approved by the Minister;

 (c) a medical practitioner employed by an organisation approved by the Minister.

8573  The holder must not stay in Australia for more than 12 months in any period of 24 months.

8575  The holder must not stay in Australia for more than 7 months in any period of 12 months.

8576  The holder must not stay in Australia for more than 10 months in any period of 12 months.

8578  The holder must notify Immigration of a change to any of the following within 14 days after the change occurs:

 (a) the holder’s residential address;

 (b) an email address of the holder;

 (c) a phone number of the holder;

 (d) the holder’s passport details;

 (e) the address of an employer of the holder;

 (f) the address of the location of a position in which the holder is employed.

8579 (1) If the visa is a Subclass 491 (Skilled Work Regional (Provisional)) visa, the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted.

 (2) If:

 (a) the visa is a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

 (b) the holder is:

 (i) a person (the primary person) who satisfied the primary criteria for the grant of the visa; or

 (ii) a person who is a member of the family unit of a person (the primary person) who satisfied the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

then, while in Australia during the regional residency period, the holder must live, work and study only in a part of Australia that was a designated regional area at the time the relevant nomination in relation to the primary person was made.

 (3) For the purposes of subclause (2), the relevant nomination in relation to the primary person is:

 (a) if the nomination (the first nomination) identified in the primary person’s application is the first and only nomination that has been approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa—the first nomination; or

 (b) if:

 (i) after the first nomination was approved, another nomination (a later nomination) has been approved under that subsection in relation to the primary person for the purposes of the visa; and

 (ii) the primary person has commenced work, as the holder of the visa, in the position associated with the occupation nominated by that later nomination;

  that later nomination.

 (4) If the relevant nomination in relation to the primary person is the first nomination, then, for the purposes of subclause (2), the regional residency period is the period that:

 (a) starts:

 (i) if the holder was in Australia at the time of grant—at that time; or

 (ii) otherwise—at the time the holder first enters Australia as the holder of the visa; and

 (b) ends:

 (i) if another nomination is approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa—at the end of the day before the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by that nomination; or

 (ii) otherwise—at the time the holder’s visa ceases to have effect.

 (5) If the relevant nomination in relation to the primary person is a later nomination, then, for the purposes of subclause (2), the regional residency period is the period that:

 (a) starts at the start of the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by the later nomination; and

 (b) ends:

 (i) if another nomination is approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa—at the end of the day before the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by that nomination; or

 (ii) otherwise—at the time the holder’s visa ceases to have effect.

8580  If requested, in writing, by the Minister to do so, the holder must provide evidence of any or all of the following within 28 days after the date of the request:

 (a) the holder’s residential address;

 (b) the address of each employer of the holder;

 (c) the address of each location of each position in which the holder is employed;

 (d) the address of an educational institution attended by the holder.

8581  If requested, in writing, by the Minister to do so, the holder must attend an interview:

 (a) at a place and time specified in the request; or

 (b) in a manner, and at a time, specified in the request.

8607 (1) The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder.

 (2) Unless subclause (3) applies, the holder must:

 (a) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation; or

 (b) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short‑term stream or Medium‑term stream and the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business; or

 (c) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short‑term stream or Medium‑term stream and the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business or a business of an associated entity of the person.

 (3) This subclause applies if:

 (a) the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13); or

 (b) the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

 (4) Subject to subclause (6), the holder must commence work within:

 (a) if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

 (b) if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted.

 (5) If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.

 (6) If the holder is required to hold a licence, registration or membership (an authorisation) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must:

 (a) hold the authorisation within:

 (i) if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

 (ii) if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted; and

 (b) continue to hold the authorisation while the holder is performing the occupation; and

 (c) notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and

 (d) comply with each condition or requirement to which the authorisation is subject; and

 (e) not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and

 (f) notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.

8608 (1) The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa granted to the holder.

 (2) Unless subclause (3) applies, the holder must:

 (a) if the most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa granted to the holder is in the Employer Sponsored stream—work only in a position in:

 (i) the person’s business; or

 (ii) a business of an associated entity of the person; or

 (b) if the most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation.

 (3) This subclause applies if:

 (a) the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14); or

 (b) the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

 (4) Subject to subclause (6), the holder must commence work within:

 (a) if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

 (b) if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted.

 (5) If the holder ceases employment, the period during which the holder ceases employment must not exceed 90 consecutive days.

 (6) If the holder is required to hold a licence, registration or membership (the authorisation) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must:

 (a) hold the authorisation within:

 (i) if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

 (ii) if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted; and

 (b) continue to hold the authorisation while the holder is performing the occupation; and

 (c) notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and

 (d) comply with each condition or requirement to which the authorisation is subject; and

 (e) not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and

 (f) notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.

8609  The holder must notify Immigration of a change to any of the following within 14 days after the change occurs:

 (a) the holder’s name;

 (b) the holder’s residential address;

 (c) an email address of the holder;

 (d) a phone number of the holder;

 (e) the holder’s passport details.

8610 (1) If the visa is a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream that was granted on the basis that the holder met the requirements of clause 485.232, 485.234 or 485.236, the holder, while in Australia, must live, work and study only in a part of Australia that was a regional centre or other regional area at the time the visa was granted.

 (2) If the visa is a Subclass 485 (Temporary Graduate) visa granted on the basis of satisfying the secondary criteria in relation to a primary applicant mentioned in subclause (1), the holder, while in Australia, must live, work and study only in a part of Australia that was a regional centre or other regional area at the time the visa was granted.

 (3) If the visa is a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream that was granted on the basis that the holder met the requirements of clause 485.233, 485.235 or 485.237, the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted.

 (4) If the visa is a Subclass 485 (Temporary Graduate) visa granted on the basis of satisfying the secondary criteria in relation to a primary applicant mentioned in subclause (3), the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted.

8611  If the visa is a Subclass 403 visa in the Pacific Australia Labour Mobility stream, the holder:

 (a) must not work other than:

 (i) for the holder’s sponsor in relation to the visa; or

 (ii) for another person in accordance with an arrangement endorsed by Foreign Affairs; and

 (b) must not engage in work on the holder’s own account.

8612  If the holder has been convicted of an offence involving a minor or any other vulnerable person, the holder:

 (a) must, within 5 working days of the grant, notify Immigration of the full name, and date of birth, of each person who ordinarily resides with the holder at the holder’s residential address; and

 (b) must notify Immigration of any change in the persons who ordinarily reside with the holder at the holder’s residential address within 2 working days after the change occurs.

8614  The holder must notify Immigration of any travel interstate or overseas by the holder at least 7 working days before undertaking the travel.

8615 (1) If the holder has been convicted of an offence involving a minor or any other vulnerable person, the holder must:

 (a) within 5 working days of the grant, notify Immigration of the details of the holder’s association with, or membership of, any organisation that engages in activities involving more than incidental contact with minors or any other vulnerable persons; and

 (b) notify Immigration of any change in those details (including the beginning or end of any association or membership) within 2 working days after the change occurs.

 (2) Subclause (1) does not apply in relation to the following:

 (a) an organisation formed for a purpose of engaging in communications on governmental or political matters;

 (b) an organisation whose regular functions or activities involve communications on governmental or political matters.

8616 (1) The holder must notify Immigration of the details of any contact with any individual who is known by the holder to have been charged with, or convicted of, a criminal offence.

 (2) Subclause (1) does not apply to:

 (a) contact in the course of attending a therapeutic or rehabilitative service; or

 (b) contact in connection with legal proceedings or legal advice; or

 (c) incidental contact.

8617  The holder must notify Immigration of each of the following matters within 5 working days after the matter occurs:

 (a) the holder receives, within any period of 30 days, an amount or amounts totalling AUD10 000 or more from one or more other persons;

 (b) the holder transfers, within any period of 30 days, an amount or amounts totalling AUD10 000 or more to one or more other persons.

8618 (1) If the holder incurs a debt or debts totalling AUD10 000 or more, the holder must notify Immigration within 5 working days after the holder incurs the debt or debts.

 (2) If the holder is declared bankrupt, the holder must notify Immigration within 5 working days after the holder is so declared.

 (3) The holder must notify Immigration of any significant change in relation to the holder’s debts or bankruptcy within 5 working days after the change occurs.

8620 (1) The holder must, between 10 pm on one day and 6 am the next day or between such other times as are specified in writing by the Minister, remain at a notified address for the holder for those days.

 (2) If the Minister specifies other times for the purposes of subclause (1), the times must not be more than 8 hours apart.

 (3) In this clause:

notified address for a holder for a particular day or days means any of the following:

 (a) either:

 (i) the address notified by the holder under condition 8513; or

 (ii) if the holder has notified another address under condition 8625—the last address so notified by the holder;

 (b) an address at which the holder stays regularly because of a close personal relationship with a person at that address, and which the holder has notified to Immigration for the purposes of this paragraph;

 (c) if, for the purposes of this paragraph, the holder notifies Immigration of an address for that day or those days no later than 12 pm on the day before that day or the earliest day of those days (as the case may be)—that address.

8621 (1) The holder must wear a monitoring device at all times.

 (2) The holder must allow an authorised officer to fit, install, repair or remove the following:

 (a)  the holder’s monitoring device;

 (b) any related monitoring equipment for the holder’s monitoring device.

 (3) The holder must take any steps specified in writing by the Minister, and any other reasonable steps, to ensure that the following remain in good working order:

 (a)  the holder’s monitoring device;

 (b) any related monitoring equipment for the holder’s monitoring device.

 (4) If the holder becomes aware that either of the following is not in good working order:

 (a) the holder’s monitoring device;

 (b) any related monitoring equipment for the holder’s monitoring device;

the holder must notify an authorised officer of that as soon as practicable.

 (5) In this clause:

monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.

related monitoring equipment, for a monitoring device, means any electronic equipment necessary for operating the monitoring device.

8622 (1) If the holder has been convicted of an offence that involves a minor or any other vulnerable person, the holder must not perform any work, or participate in any regular organised activity, involving more than incidental contact with a minor or any other vulnerable person.

 (2) Subclause (1) applies:

 (a) whether the work or activity is for reward or otherwise; and

 (b) whether or not a working with children or vulnerable people check (however described) is required in relation to the work.

8623  If the holder has been convicted of an offence that involves a minor or any other vulnerable person, the holder must not go within 200 metres of a school, childcare centre or day care centre.

8624  If the holder has been convicted of an offence involving violence or sexual assault, the holder must not contact, or attempt to contact, the victim of the offence or a member of the victim’s family.

8625  The holder must notify the Minister of any change in the following:

 (a) the holder’s name;

 (b) an address of the holder;

 (c) a phone number of the holder;

 (d) an email address of the holder;

within 2 working days after the change occurs.

8626  If the holder has been convicted of an offence involving a minor or any other vulnerable person, the holder must notify the Minister of any change in the following:

 (a) an online profile used by the holder;

 (b) a user name of the holder;

within 2 working days after the change occurs.

Schedule 9Special entry and clearance arrangements

(regulations 3.01, 3.03, 3.06 and 3.06A)

Part 1Persons to whom special arrangements apply under section 166 of the Act

 

Column 1
Item

Column 2
Class of person

Column 3
Evidence of identity

Column 4
Passenger card required?

1

Members of the Royal Family

Passport

Yes

2

Members of the Royal party

Passport

Yes

4

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:

(a) movement orders; or

(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:

(a) movement orders; or

(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:

(a) a valid airline identity card; or

(b) for a person who is an aircraft safety inspector:

(i) a valid government identity document showing that he or she is employed by a foreign government; or

(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

(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

(b) in the case of a permanent resident of Hong Kong—any valid passport

Yes

23

Persons holding:

(a) a visa granted on the basis of an Internet application; and

(b) either:

(i) a passport of a kind specified by the Minister in an instrument in writing for paragraph 1218(3)(d) of Schedule 1, as in force before 23 March 2013; or

(ii) a passport of a kind specified by the Minister in an instrument in writing for subparagraph 
1218(1)(b)(ii) of Schedule 1; or

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

(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 2Persons 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;

 (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

Source: Legislation.gov.au (Schedule 8 of Migration Regulations 1994)

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