Australian Immigration Daily News

By making a legislative instrument under subclauses 4005(3) and 4007(1B), the Minister can exclude the cost of specified health care and community services from the consideration of costs under sub-subparagraphs 4005(1)(c)(ii)(A) and 4007(1)(c)(ii)(A).

The specified costs are excluded from the assessment of the health criteria in relation to all temporary visas that are subject to the health criteria, other than specified temporary visas that provide a pathway to permanent residence. These visas are specified in a separate instrument. See the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022. 

The instrument specifies health care and community services for this purpose. The health care and community services specified in the instrument are provided by the Australian government to Australian citizens and permanent residents and generally are not available to temporary visa holders.

• WK1481 Webinar - 10:30AM to 11:30AM: Updated Subclass 400 (Short Term Work) and Business Visitor Visas - with Arnela Tolic - 2 Category A CPD points - 19th April 2022 $22
• WK1480 Webinar - 10:30AM to 11:30AM: Reg. 5.19 from 18 March 2022 (Instrument LIN 22/038) 2022 - with Owen Harris - 1 Category A CPD point – 20th April 2022 $22
• WK1480 Webinar - 12PM to 1PM: Reg. 5.19 from 18 March 2022 (Instrument LIN 22/038) 2022 - with Owen Harris - 1 Category A CPD point – 20th April 2022 $22
• WK1023 Webinar - 4PM to 6PM: AAT: Submission writing to the expected standard & Code - with Christopher Levingston - 2 Category A CPD points – 20th April 2022 $44
• WK551 Webinar - 11:30AM to 1:30PM: New Skilled Regional Provisional Visas Subclass 491 and 494 as well as pathway towards PR via 191 - with Arnela Tolic - 2 Category A CPD points - 27th April 2022 $44
• WK1016 Webinar - 10:30AM to 11:30AM: Visa options for s48 Bar applicants - with Christopher Levingston - 1 Category A CPD point – 28th April 2022 $22
• WK232 Webinar - 4PM to 6PM: Bridging Visas intensive- with Owen Harris - 2 Category A CPD points - 28th April 2022 $44
• WK416 Webinar - 12PM to 1PM: Training Visas (Subclass 407) - with Arnela Tolic - 1 Category A CPD point - 29th April 2022 $22
• NEW EVENT (FULL PRICE) WK1482 Webinar - 3PM to 4PM: The new provisions for TSS/482 STOL from 1 July 2022 - with Owen Harris - 2 Category A CPD points - 27th April 2022

Here's a little secret from us to you.

Anyone providing "breaking news first" to the RMA profession subscribes to the same news sources as we do.  The news source is called Capital Monitoring Instant Alert by LexisNexis (aka "Capmon").

Whenever a new instrument, amendment, Bill or other migration or citizenship related change occurs, Capmon provides a summary for its subscribers and sends that summary out as an email, along with the source of the information as attachments.

The instrument amends Migration (Specified work and areas for subclass 417 visas) Instrument (LIN 22/012) 2022 (LIN 22/012) and Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022 (LIN 22/013) in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

That subsection provides that where an Act confers a power to make a legislative instrument, the power includes a power to amend or repeal that instrument, subject to any conditions that apply to the initial instrument-making power. This means that regulations 1.15FA and 1.15FAA of the Regulations also include a power to amend or repeal an instrument made under those provisions.

Source: LIN22050.pdf and LIN22050-Explanatory-Statement.pdf

The instrument repeals Visa Subclasses for the Purposes of the Health Requirement 2016/067 (F2016L01126) (IMMI 16/067) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument. This means that subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations also include a power to amend or repeal an instrument made under that provision. 

The instrument operates to specify temporary visa subclasses which may lead to permanent visas for subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations.

Source: LIN22007.pdf and LIN22007-Explanatory-Statement.pdf