Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03
Insert:
"assistance notice " means a notice in writing, issued by the Attorney-General, the Secretary of the Attorney-General's Department or an SES employee or acting SES employee of the Attorney-General's Department, in relation to a non-citizen, advising that:
(a) the non-citizen is required in Australia to assist in the administration of criminal justice in relation to human trafficking, slavery or slavery-like practices; and
(b) satisfactory arrangements have been made to meet the cost of keeping the non-citizen in Australia.
"human trafficking " includes activities such as trafficking in persons, organ trafficking and debt bondage.
2 Regulation 2.07AK (heading)
Repeal the heading, substitute:
2.07AK Applications for Referred Stay (Permanent) (Class DH) visas
3 Subparagraphs 2.07AK(3)(c)(i) and (ii)
Omit "trafficked a person", substitute "engaged in human trafficking, slavery or slavery-like practices".
4 Subregulation 2.20(1)
Omit "eligible non-citizen ", substitute " eligible non-citizen ".
5 Sub-subparagraph 2.20(14)(a)(ii)(E)
After "human trafficking", insert ", slavery or slavery-like practices".
6 Subparagraph 2.20(15)(a)(ii)
Repeal the subparagraph, substitute:
(ii) is the subject of a valid criminal justice stay certificate under Division 4 of Part 2 of the Act or an assistance notice that has not been revoked; and
7 Item 1133 of Schedule 1 (heading)
Repeal the heading, substitute:
1133. Referred Stay (Permanent) (Class DH)
8 Before subparagraph 1306(3)(c)(i) of Schedule 1
Insert:
(ia) an assistance notice has been given to the Minister in relation to the applicant, and the notice has not been revoked;
9 Subparagraphs 1306(3)(d)(i) and (ii) of Schedule 1
After "human trafficking", insert ", slavery or slavery-like practices".
10 Division 060.1 of Schedule 2 (note)
Repeal the note, substitute:
Note: For human trafficking see regulation 1.03. There are no interpretation provisions specific to this Part.
11 Clause 060.221 of Schedule 2
Repeal the clause, substitute:
The applicant has been identified as a suspected victim of human trafficking, slavery or slavery-like practices.
12 Clause 060.222 of Schedule 2
Omit "The Minister is satisfied that suitable", substitute "Suitable".
13 Clause 060.223 of Schedule 2
Omit "The Minister is satisfied that, if", substitute "If".
14 At the end of Subdivision 060.22 of Schedule 2
Add:
If the applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
15 Clause 060.321 of Schedule 2
After "a person", insert "(the primary applicant )".
16 Clause 060.322 of Schedule 2
Repeal the clause, substitute:
The applicant continues to be a member of the immediate family of the primary applicant.
17 Clause 060.323 of Schedule 2
Omit "The Minister is satisfied that suitable", substitute "Suitable".
18 Clause 060.324 of Schedule 2
Omit "The Minister is satisfied that, if", substitute "If".
19 At the end of Subdivision 060.32 of Schedule 2
Add:
If the primary applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
20 Subparagraphs 060.511(2)(c)(ii) and (iii) of Schedule 2
Repeal the subparagraphs, substitute:
(ii) 28 days after the day the Attorney-General, the Secretary of the Attorney-General's Department or an SES employee or acting SES employee of the Attorney-General's Department notifies the Minister, in writing, that the assistance notice is revoked.
21 After subclause 060.511(2) of Schedule 2
Insert:
(2A) For a person who is the subject of an assistance notice, or a person who is a member of the immediate family of such a person, other than a person to whom subclause (1) or (2) applies--bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 28 days after the day the Attorney-General, the Secretary of the Attorney-General's Department or an SES employee or acting SES employee of the Attorney-General's Department notifies the Minister, in writing, that the assistance notice is revoked.
22 Sub-subparagraphs 060.511(3)(b)(iii)(A) and 060.511(3)(b)(iv)(B) of Schedule 2
After "human trafficking", insert ", slavery or slavery-like practices".
23 Clause 060.612 of Schedule 2
Repeal the clause, substitute:
In any other case, any one or more of conditions 8101, 8401, 8505 and 8506 may be imposed.
24 Part 852 of Schedule 2 (heading)
Repeal the heading, substitute:
Subclass 852 -- Referred Stay (Permanent)
25 Amendments of listed provisions--Witness Protection (Trafficking)
Omit "Witness Protection (Trafficking)" (wherever occurring) and substitute "Referred Stay" in the following provisions:
(a) subregulation 2.07AK(1);
(b) paragraph 2.08AB(b);
(c) subparagraph 2.08AC(2)(b)(i);
(d) paragraph 2.08AC(3)(a);
(e) sub-subparagraph 2.08AC(4)(a)(i)(B);
(f) subitem 1133(3) of Schedule 1;
(g) clause 852.211 of Schedule 2;
(h) clause 852.224 of Schedule 2;
(i) clause 852.311 of Schedule 2;
(j) clause 852.312 of Schedule 2;
(k) clause 852.323 of Schedule 2.