Migration Amendment (Work Related Visa Conditions) Regulations 2024

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  20 June 2024

David Hurley

Governor‑General

By His Excellency’s Command

Andrew Giles

Minister for Immigration, Citizenship and Multicultural Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Migration Regulations 1994

1  Name

  This instrument is the Migration Amendment (Work Related Visa Conditions) Regulations 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1  Paragraph 8107(3)(b) of Schedule 8

Repeal the paragraph, substitute:

 (b) the holder may cease to work in accordance with paragraph (a) for a period, but:

 (i) any such period must not exceed 180 consecutive days; and

 (ii) the total number of days on which the holder does not work in accordance with paragraph (a) must not exceed 365 during the visa period for the holder’s visa; and

2  Subclause 8607(5) of Schedule 8

Repeal the subclause, substitute:

 (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but:

 (a) any such period must not exceed 180 consecutive days; and

 (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa.

3  Subclause 8608(5) of Schedule 8

Repeal the subclause, substitute:

 (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but:

 (a) any such period must not exceed 180 consecutive days; and

 (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa.

4  In the appropriate position in Schedule 13

Insert:

Part 132—Amendments made by the Migration Amendment (Work Related Visa Conditions) Regulations 2024

13201  Operation of amendment

 (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Work Related Visa Conditions) Regulations 2024 apply in relation to a visa granted on or after the commencement of that Schedule.

 (2) The amendments also apply, after the commencement of that Schedule, in relation to a visa granted before that commencement, for the part of the visa period for the visa that occurs after that commencement, but any period for which the holder of the visa ceased employment before that commencement is to be disregarded.