SUBSTANTIVE VISA CLASSES

(PARAGRAPHS 82(2AA)(a) and (b))

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under subsection 82(2AA) of the Migration Act 1958 (“the Act”):

1. REVOKE Instrument number IMMI 07/048, signed on 6 August 2007, specifying substantive visa classes for the purposes of paragraphs 82(2AA)(a) and (b) of the Act;

2.                   SPECIFY for the purposes of paragraph 82(2AA)(a) of the Act any substantive temporary visa class; AND

3.                   SPECIFY for the purposes of paragraph 82(2AA)(b) of the Act any substantive temporary visa class EXCEPT FOR a Special Purpose visa granted to a person on the grounds that they are:

(i)                 a member of the crew on a non-military ship; or

(ii)               a spouse, de facto partner or dependent child of a member of the crew.

For the purposes of this Instrument:

 “substantive temporary visa” means a visa that is both a substantive visa and a temporary visa as defined by the Act.

This Instrument, IMMI 09/058, commences on 1 July 2009.

Dated    8 June  2009  

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE 1: Subsection 82(2AA) states:

(a) a maritime crew visa held by a non-citizen does not cease to be in effect if a substantive visa for the non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection comes into effect; and

(b) a substantive visa held by a non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection does not cease to be in effect if a maritime crew visa for the non-citizen comes into effect.

NOTE 2:  The Act, at section 5, defines a “substantive visa” as a visa other than:

(a)                  a bridging visa; or

(b)                 a criminal justice visa; or

(c)                  an enforcement visa.

NOTE 3:  The Act, at subsection 30(2), defines a “temporary visa” as a visa to remain in Australia (whether also a

visa to travel to and enter Australia):

(a)                  during a specified period; or

(b)                 until a specified event happens; or

(c)                  while the holder has a specified status.

NOTE 4:  The Migration Regulations 1994, at 1.03, provides that a “member of the crew”, in relation to a non-military ship,

  (a) means any of the following persons:

(i) a person who is involved in the usual day to day routine maintenance or business of the ship while it is at sea;

   (ii) a supernumerary member of the crew, including:

(A) a person who performs specialist repair or maintenance work on the ship while it is at sea (for example, an electrical engineer); and

(B) an entertainer who works on the ship while it is at sea; and

(C) a chef who works on the ship while it is at sea; and

(D) a hairdresser who works on the ship while it is at sea;

(iii) for a ship described in paragraph (b) of the definition of non-military ship – a person who is engaged in scientific research conducted on or from the ship;

   whether the person works as an employee, a contractor or in another capacity; but

  (b) does not include a person who:

   (i)  is engaged only to perform work on a ship while it is in port or dry dock; and

   (ii) does not travel with the ship after completing the work in port or dry dock.

NOTE 5:  “De facto partner” and “spouse” are defined in the Act.]