← Australia · 2015

witharrow.ai/volatility-index/australia/component-au-aircrew-domestic-work-limits-20150418

Special Purpose visa work restricted to specified international and connecting flights for foreign aircrew

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateApril 18, 2015
CategoryMigration policy
Affected groupAirline crew and airline positioning crew receiving deemed special purpose visas on or after 18 april 2015

Policy effect

For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia. Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure. Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport. Thus ordinary airline crew have at most two permitted domestic connecting flights and positioning crew at most one, tied to the specified international journeys rather than general domestic flying. These new conditions supplement the existing Special Purpose visa arrangements; they do not create general work rights or extend the visa’s stay period. The original explanatory statement identifies the previously unrestricted domestic-flight-count issue and the new limits. Earlier deemed grants are outside this amendment’s application provision.

Conditions and exceptions

Validated condition or limit: For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia.; Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure.; Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Migration Amendment (2015 Measures No. 1) Regulation 2015 Select Legislative Instrument No. 34, 2015 I, the Honourable Alex Chernov AC QC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 26 March 2015 Alex Chernov Administrator By His Excellency’s Command Peter Dutton Minister for Immigration and Border Protection OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 1 Schedule 1—Work-related conditions for foreign air crew 2 Migration Regulations 1994 2 Schedule 2—English language test requirements 4 Migration Regulations 1994 4 Schedule 3—Character and cancellation 7 Migration Regulations 1994 7 Schedule 4—Sponsorship obligation timeframes 8 Migration Regulations 1994 8 Schedule 5—Medical examination requirements 9 Migration Regulations 1994 9 Schedule 6—Legislative instrument for application requirements 10 Migration Regulations 1994 10 Schedule 7—Application provisions 32 Migration Regulations 1994 32 No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 i OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 1 Name This is the Migration Amendment (2015 Measures No. 1) Regulation 2015. 2 Commencement This instrument commences on 18 April 2015. 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. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 1 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 1 Work-related conditions for foreign air crew Schedule 1—Work-related conditions for foreign air crew Migration Regulations 1994 1 Subregulations 2.05(1) and (2) Repeal the subregulations, substitute: (1) For subsection 41(1) of the Act, a visa is subject to any conditions specified for that Subclass of visa in Schedule 2, subject to subregulation (2). Note: Regulation 2.40A prescribes conditions in relation to special purpose visas taken to have been granted to airline positioning crew members and airline crew members. (2) For subsection 41(3) of the Act, the conditions that the Minister is permitted to impose on a visa are the conditions (if any) specified as permitted for that Subclass of visa in Schedule 2. Note: Conditions referred to by number in Schedule 2 are set out in Schedule 8: see the definition of condition in regulation 1.03. 2 At the end of subregulation 2.40(4) Add: Note: Regulation 2.40A sets out further restrictions on the work airline positioning crew members and airline crew members may perform in Australia. 3 At the end of Division 2.8 Add: 2.40A Conditions applicable to special purpose visas For subsection 41(1) of the Act: (a) a special purpose visa taken to be granted to an airline positioning crew member is subject to condition 8117; and (b) a special purpose visa taken to be granted to an airline crew member is subject to condition 8118. 4 After clause 8116 of Schedule 8 Insert: 2 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Work-related conditions for foreign air crew Schedule 1 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. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 3 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 2 English language test requirements Schedule 2—English language test requirements Migration Regulations 1994 1 Regulation 1.03 (definition of Occupational English Test) Repeal the definition. 2 Regulation 1.03 Insert: score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test. 3 Paragraph 1.15B(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and (bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and 4 Subregulation 1.15B(2) After “A person”, insert “also”. 5 Paragraph 1.15C(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply …
Australian Federal Register of Legislation — original instrument and explanatory statementF2015L00351 Schedule1 items3–4, regulation2.40A and conditions8117–8118; section2; Schedule7 clause4101. ES AttachmentB/C Schedule1 explains prior domestic-flight issue and new operative limits.Open official source
Retrieved from https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record component-au-aircrew-domestic-work-limits-20150418. Something wrong? Flag this record.

Other Australia changes operative in 2015